such Budget
approved by the Construction Consultant and which increases the overall Budget
to an amount (including
105
for this purpose, capitalized interest and capitalized pre-opening expenses)
which would result in prospective non-compliance with Section 6.17 or Section
7.12;
(G)
FAIL TO CONSTRUCT THE PROJECTS IN A GOOD AND WORKMANLIKE MANNER IN
ACCORDANCE WITH SOUND BUILDING PRACTICES AND WITHOUT MATERIAL DEVIATION FROM THE
PLANS AND SPECIFICATIONS, AND COMPLY IN ALL MATERIAL RESPECTS WITH ALL EXISTING
LAWS AND REQUIREMENTS OF ALL GOVERNMENTAL AUTHORITIES HAVING JURISDICTION OVER
THE PROJECTS;
(H)
FAIL TO PROMPTLY PAY PRIOR TO DELINQUENCY (SUBJECT TO APPLICABLE
RETENTIONS) OR OTHERWISE DISCHARGE ALL LIENS AND OTHER MATERIAL CLAIMS FOR LABOR
DONE AND MATERIALS AND SERVICES FURNISHED IN CONNECTION WITH THE CONSTRUCTION OF
THE PROJECTS, EXCEPT FOR LIENS AND OTHER CLAIMS CONTESTED IN GOOD FAITH BY
APPROPRIATE ACTIONS AND WITHOUT PREJUDICE TO THE APPLICABLE TIMETABLE EXCEPT TO
THE EXTENT NOT PROHIBITED HEREBY, PROVIDED THAT ANY SUCH CLAIMS AND LIENS ARE
COVERED BY SUCH PAYMENT BONDS OR TITLE INSURANCE POLICY ENDORSEMENTS AS MAY BE
REASONABLY REQUESTED BY THE ADMINISTRATIVE AGENT;
(I)
FAIL TO PROPERLY OBTAIN AS AND WHEN REQUIRED, COMPLY WITH AND
KEEP IN EFFECT ALL MATERIAL PERMITS, LICENSES AND APPROVALS WHICH ARE REQUIRED
TO BE OBTAINED FROM ANY GOVERNMENTAL AUTHORITY IN ORDER TO CONSTRUCT AND OCCUPY
THE PROJECTS AS OF THE THEN CURRENT STAGE OF CONSTRUCTION;
(J)
FAIL TO MAKE THE PERMITS, LICENSES AND APPROVALS REQUIRED BY
CLAUSE (I) OF THIS SECTION AVAILABLE FOR REVIEW BY THE CONSTRUCTION CONSULTANT
AND DELIVER COPIES OF ALL SUCH PERMITS, LICENSES AND APPROVALS TO THE
CONSTRUCTION CONSULTANT PROMPTLY FOLLOWING A WRITTEN REQUEST THEREFOR;
(K)
FAIL TO PROMPTLY NOTIFY THE CONSTRUCTION CONSULTANT IF CCR OR ITS
SUBSIDIARIES PAYS $2,500,000 OR MORE, IN THE AGGREGATE, FOR ANY TANGIBLE
CONSTRUCTION MATERIALS FOR THE PROJECT THAT ARE NOT LOCATED ON THE SITE OF THE
PROJECTS, OR WILL NOT BE DELIVERED WITHIN THIRTY DAYS AFTER SUCH PAYMENT
(DESCRIBING SUCH CONSTRUCTION MATERIALS, THE PURCHASE PRICE THEREFOR AND THE
LOCATION THEREOF) AND, IF REQUESTED BY THE CONSTRUCTION CONSULTANT IN WRITING
PROVIDE TO THE CONSTRUCTION CONSULTANT THE WRITTEN ACKNOWLEDGMENT OF THE PERSON
HAVING CUSTODY OF SUCH CONSTRUCTION MATERIALS OF THE EXISTENCE OF THE
CONSTRUCTION CONSULTANT'S LIEN ON SUCH CONSTRUCTION MATERIALS AND THE RIGHT OF
THE CONSTRUCTION CONSULTANT, AS AGAINST SUCH PERSON, TO HAVE ACCESS TO AND TO
REMOVE SUCH CONSTRUCTION MATERIALS (SUBJECT TO THE REQUIREMENT OF THE PAYMENT OF
ANY REMAINING PURCHASE PRICE FOR SUCH MATERIALS);
(L)
FAIL ON OR BEFORE THE OPENING FOR BUSINESS OF THE APPLICABLE
PROJECT, TO PROVIDE THE ADMINISTRATIVE AGENT A COMPLETION CERTIFICATE;
(M)
FAIL PROMPTLY, AND IN ANY EVENT WITHIN TEN BUSINESS DAYS OF ANY
WRITTEN REQUEST BY THE CONSTRUCTION CONSULTANT, TO PROVIDE TO THE CONSTRUCTION
CONSULTANT SUCH ASSURANCES AS THE CONSTRUCTION CONSULTANT MAY REASONABLY REQUIRE
THAT THE PROJECTS COMPLY IN ALL MATERIAL RESPECTS WITH ALL APPLICABLE ZONING,
BUILDING AND LAND USE LAWS; OR
(N)
FAIL, AS SOON AS PRACTICABLE, BUT IN ANY EVENT NOT LATER THAN 60
DAYS AFTER THE COMPLETION DATE, TO PROVIDE THE ADMINISTRATIVE