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acceptable to Lender with respect to any such portion of costs and charges incurred to the <br />date of the Project Cost Certificate. <br />(k)Insurance <br />. Deliver to Lender: (i) a certificate or policy for all insurance <br />required, under the terms hereof to be maintained by Borrower; and (ii) evidence that no <br />part of the Loan Property is located in an area designated as being a flood plain or flood <br />hazard area as defined by the Flood Hazard Boundary Map published by the Federal <br />Insurance Administration. <br />(l)Compliance withLaws, Etc. Deliver to Lender such evidence as Lender <br />may require as to the compliance of the Loan Propertyand the Improvementswith: (i) all <br />applicable laws, codes, rules, regulations and ordinances, including, without limitation, <br />those relative to environmental protection, protection of wetlands, building and zoning <br />matters and the Americans with Disabilities Act; and (ii) the requirements of any <br />restrictive covenants, conditions and restrictions; conditional use permit or planned unit <br />development applicable to the Loan Property. <br />(m)Hazardous Substances. Deliver to Lender evidence acceptable to Lender, <br />that: (i) the Loan Property has not been used as a hazardous waste storage facility or <br />burial site; (ii) the soil is free from hazardous waste, hazardoussubstances, pollutants and <br />contaminants; and (iii) no hazardous waste, hazardous substance, pollutant or <br />contaminant has been used in the construction or use of any building or other <br />improvement on the Loan Property. For purposes of this subparagraph, the terms <br />“hazardous waste,” “hazardous substances,” “pollutants” and “contaminants” shall <br />include, but not be limited to, polychlorinated biphenyls (PCBs), asbestos, petroleum <br />products and any other chemical or substance determined to be a hazard to human health <br />or the environment. <br />(n)Program Fee. Deliver to Lender the program fee of $2,000. <br />(o)Indemnity. Deliver to Title any indemnity agreement in favor of Title in <br />the form required by Title in order for Title to issue the title insurance policies referred to <br />above. <br />(p)Expend Funds; Lien Waivers; Property Documents. Not later than 15 <br />days after the issuance of the certificate of occupancy for the Loan Property, Borrower <br />shall deliver to Lender: (i) a copy of the certificate of occupancy for the Loan Property; <br />(ii) a final Project Cost Certificate; (iii) a final Equipment List executed by an officer of <br />Borrower (which, upon acceptance by Lender, will be attached hereto as Exhibit A-1); <br />and (vi) evidence acceptable to Lender that Borrower has paid all costs of theProject. <br />(q)Lease. Deliver to Lender a copy of the lease agreement for the use of the <br />Loan Property, executed no later than the date of this Agreement, by and between Entity <br />Guarantor, as landlord, and the Borrower, as tenant(the “Lease”). <br />Lender may waive any of the above requirements in its sole discretion. <br />4 <br />487521v2 EL185-45 <br /> <br />