MARKETING) DURING REASONABLE BUSINESS HOURS,
WITHOUT HINDRANCE OR DELAY, (I) TO INSPECT, AUDIT, CHECK AND MAKE COPIES OF AND
EXTRACTS FROM BORROWER'S BOOKS, RECORDS, JOURNALS, ORDERS, RECEIPTS,
CORRESPONDENCE AND OTHER DATA RELATING TO BORROWER'S BUSINESS OR TO ANY
TRANSACTIONS BETWEEN THE PARTIES HERETO AND WHETHER SUCH ITEMS OR DATA ARE
MAINTAINED IN ACCORDANCE WITH BORROWER'S STANDARD OPERATING PROCEDURES OR
PURSUANT TO THIS AGREEMENT, (II) TO VERIFY SUCH MATTERS CONCERNING THE
COLLATERAL AS LENDER MAY CONSIDER REASONABLE UNDER THE CIRCUMSTANCES, (III) TO
DISCUSS THE AFFAIRS, FINANCES AND BUSINESS OF BORROWER WITH ANY OFFICERS,
EMPLOYEES OR DIRECTORS OF BORROWER, AND (IV) TO INSPECT THE REAL PROPERTY OF
BORROWER, AND ANY BOOKS, RECORDS, JOURNALS, ORDERS, RECEIPTS, CORRESPONDENCE,
NOTICES, PERMITS OR LICENSES, WITH REGARD TO, AMONG OTHER THINGS, COMPLIANCE
WITH ENVIRONMENTAL LAWS.
BORROWER WILL DELIVER TO LENDER, WITHIN FIVE (5) DAYS
OF REQUEST THEREFORE, ANY INSTRUMENTS NECESSARY TO OBTAIN RECORDS FROM ANY
PERSON MAINTAINING THE SAME.
(B)
LENDER MAY ITSELF INSPECT OR, AT ITS OPTION,
RETAIN THE INSPECTING ENGINEER TO INSPECT (AT THE EXPENSE OF BORROWER), FROM
TIME TO TIME, (I) THE CONSTRUCTION OF THE IMPROVEMENTS, THE PROPERTY AND ALL
MATERIALS USED OR HELD IN STORAGE ON SITE TO BE USED IN THE CONSTRUCTION OF THE
IMPROVEMENTS, (II) THE PLANS AND SPECIFICATIONS, (III) THE CONSTRUCTION
DISBURSEMENTS, AND (IV) SUCH OTHER MATTERS, DOCUMENTS AND INFORMATION AS LENDER
DEEMS REASONABLY NECESSARY OR DESIRABLE.
THE INSPECTING ENGINEER SHALL MAKE
REPORTS OF ITS INSPECTIONS TO LENDER.
LENDER'S AND INSPECTING ENGINEER'S
INSPECTION OF THE PROPERTY AND THE IMPROVEMENTS
AND SUCH OTHER MATTERS,
DOCUMENTS AND INFORMATION IS SOLELY FOR ITS OWN BENEFIT IN ADMINISTERING THIS
AGREEMENT.
SUCH INSPECTION MAY NOT BE RELIED UPON BY ANY OTHER PARTY, PERSON OR
ENTITY, AND ANY DECISION TO (I) ADVANCE CONSTRUCTION/TERM LOAN PROCEEDS OR NOT
TO ADVANCE THE CONSTRUCTION LOAN PROCEEDS OR (II) MAKE DISBURSEMENTS OF THE
PROJECT ADDITION ESCROW ACCOUNT OR NOT MAKE DISBURSEMENTS OF THE PROJECT
ADDITION ESCROW ACCOUNT, SHALL NOT INDICATE, ON BEHALF OF LENDER, ANY APPROVAL
OR DISAPPROVAL OF THE STATUS, QUALITY OR COMPLETION OF THE IMPROVEMENTS EITHER
AT THE TIME OF, BEFORE OR AFTER SUCH ADVANCE OR DISBURSEMENT, OR REFUSAL TO
ISSUE AN ADVANCE OR MAKE A DISBURSEMENT IS MADE.
(C)
BORROWER SHALL PAY ON DEMAND OR WITHIN TEN
(10) DAYS THEREAFTER ALL REASONABLE EXPENSES REASONABLY INCURRED BY LENDER IN
ACQUIRING INFORMATION PURSUANT TO THIS SECTION.
7.26
BANK ACCOUNTS; OTHER COMMERCIAL BANKING PRODUCTS.
BORROWER
SHALL SET UP AND MAINTAIN WITH LENDER ALL ESCROW, OPERATING, INVESTMENT,
DEPOSITORY, SECURITY AND RESERVE ACCOUNTS AND TREASURY MANAGEMENT SERVICES FOR
THE BIODIESEL PLANT AND ITS BUSINESS OPERATIONS, INCLUDING WITHOUT LIMITATION,
THE DEBT SERVICE FUND ACCOUNT, THE PROJECT ADDITION ESCROW ACCOUNT, RENEWABLE
FUELS GRANT ACCOUNT, AND THE WORKING CAPITAL ESCROW ACCOUNT.
BORROWER'S
63
OPERATING ACCOUNTS SHALL BE NON-INTEREST BEARING ACCOUNTS.
IN THE EVENT THAT
BORROWER PROCURES ANY ADDITIONAL COMMERCIAL BANKING PRODUCTS RELATIVE TO THE
BIODIESEL PLANT, BORROWER SHALL INFORM LENDER AND PROVIDE LENDER WITH AN
OPPORTUNITY TO MAKE A BID TO PROVIDE SUCH COMMERCIAL BANKING PRODUCT TO
BORROWER.
7.27
CONSTRUCTION ESCROW ACCOUNT.
BORROWER SHALL