THE TIME IN QUESTION OF ALL
PERMITS AND LICENSES THEN IN EXISTENCE AND DELIVER COPIES OF THE SAME TO LENDER.
(H)
BORROWER HAS NOT PERFORMED ANY ACT OR EXECUTED ANY INSTRUMENT THAT
MIGHT PREVENT LENDER FROM OPERATING UNDER ANY OF THE TERMS AND CONDITIONS
HEREOF, OR THAT WOULD LIMIT LENDER IN SUCH OPERATION.
2.
CERTAIN COVENANTS.
BORROWER COVENANTS AND AGREES WITH LENDER AS
FOLLOWS:
(A)
BORROWER SHALL AND SHALL CAUSE ITS EMPLOYEES, AGENTS AND
CONTRACTORS TO (I) AT ALL TIMES COMPLY WITH, CAUSE COMPLIANCE WITH, MAKE ALL
PAYMENTS REQUIRED BY, AND OTHERWISE PERFORM AND DISCHARGE ALL OF ITS COVENANTS,
OBLIGATIONS, AGREEMENTS, AND CONDITIONS UNDER THE CONTRACTS, (II) SECURE OR
ENFORCE ALL OF ITS RIGHTS UNDER THE CONTRACTS, AND (III) IN A COMMERCIALLY
REASONABLE MANNER, ENFORCE OR SECURE THE PERFORMANCE OF ALL COVENANTS,
OBLIGATIONS, AGREEMENTS AND CONDITIONS TO BE PERFORMED AND DISCHARGED BY ANY
CONTRACTING PARTY UNDER THE CONTRACTS.
(B)
BORROWER SHALL NOT ENTER INTO ANY MATERIAL CONTRACTS OR OTHER
GENERAL INTANGIBLES OR MAKE ANY MATERIAL CHANGES IN OR AMENDMENTS TO ANY OF THE
CONTRACTS OR OTHER GENERAL INTANGIBLES WITHOUT THE PRIOR WRITTEN CONSENT OF
LENDER, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD, PROVIDED, THAT
NOTWITHSTANDING THE FOREGOING, LENDER'S CONSENT SHALL NOT BE REQUIRED WITH
RESPECT TO ANY NEW CONTRACT OR ANY CHANGES IN OR AMENDMENTS TO ANY CONTRACT IF
(I) SUCH CONTRACT DOES NOT RELATE TO THE DESIGN, CONSTRUCTION OR OVERALL
MANAGEMENT OR OPERATION OF THE PROPERTY, (II) SUCH CONTRACT IS TERMINABLE
WITHOUT CAUSE AND WITHOUT PAYMENT OF ANY PENALTY OR TERMINATION FEE ON NOT MORE
THAN THIRTY (30) DAYS' NOTICE AND (III) THE CONTRACTING PARTY UNDER SUCH
CONTRACT DOES NOT HAVE ANY RIGHT, BY REASON OF APPLICABLE LAW OR OTHERWISE, TO
ASSERT A LIEN AGAINST THE PROPERTY;
(C)
BORROWER SHALL NOT TENDER OR ACCEPT A SURRENDER OR CANCELLATION OF
ANY OF THE GENERAL INTANGIBLES WITHOUT THE PRIOR WRITTEN CONSENT OF LENDER WHERE
SUCH SURRENDER OR CANCELLATION WOULD ADVERSELY AFFECT THE PROPERTY OR ADVERSELY
AFFECT LENDER'S INTEREST THEREIN OR LENDER'S SECURITY OR WHERE SUCH SURRENDER OR
CANCELLATION WOULD VIOLATE THE TERMS OF ANY LOAN DOCUMENT;
(D)
BORROWER SHALL NOT (A) WAIVE, EXCUSE, CONDONE OR IN ANY MANNER
RELEASE OR DISCHARGE (IN WHOLE OR IN PART) ANY PARTY TO THE CONTRACTS FROM ANY
MATERIAL CLAIM OR ANY MATERIAL OBLIGATION, COVENANT, CONDITION OR AGREEMENT TO
BE PERFORMED BY IT UNDER THE CONTRACTS, (B) FAIL TO EXERCISE PROMPTLY AND
DILIGENTLY ANY OF THE MATERIAL
RIGHTS THAT IT MAY HAVE UNDER THE CONTRACTS, OR
(C) FAIL TO DELIVER PROMPTLY TO LENDER A COPY OF EACH DEMAND OR NOTICE GIVEN OR
RECEIVED BY IT,
4
OR ITS EMPLOYEES, AGENTS OR CONTRACTORS, RELATING IN ANY WAY TO A MATERIAL
PROVISION OF THE CONTRACTS;
(E)
BORROWER SHALL PROMPTLY PROVIDE TO LENDER A TRUE, CORRECT AND
COMPLETE COPY OF EACH CONTRACT PROMPTLY AFTER IT HAS BEEN EXECUTED AND DELIVERED
BY THE PARTIES THERETO;
(F)
BORROWER SHALL PROMPTLY PROVIDE TO LENDER COPIES OF ALL CHANGES
IN OR AMENDMENTS TO ANY CONTRACT WHETHER OR NOT LENDER'S CONSENT THERETO IS