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and alteration thereof, or to the use or manner of use of the Financed Property, including, but not
<br /> limited to, the Americans with Disabilities Act, Illinois Accessibility Code, all federal, State and
<br /> local environmental, health and safety laws, rules, regulations and orders applicable to or
<br /> pertaining to the Financed Property, the Federal Worker Adjustment and Retraining Notification
<br /> Act, and if applicable, the Illinois Prevailing Wage Act. The Borrower acknowledges that it is
<br /> aware that Illinois statutes, laws, ordinances, including building and zoning codes, etc., may have
<br /> materially different requirements and utilize different definitions than comparable laws in other
<br /> states and jurisdictions, and the application of such laws may be impacted by the use of bond
<br /> proceeds to finance in whole or in part the Financed Property. The Borrower has consulted with
<br /> counsel with respect to the interpretation and application of these statutes, laws, ordinances, etc.
<br /> Section 2.08. Permitted Contests. The Borrower shall not be required to pay any tax,
<br /> charge, imposition, assessment or other governmental levy required to be paid under Section 2.06
<br /> hereof, or to comply with any law, ordinance, rule, order, decree, regulation or requirement
<br /> referred to in Section 2.07 hereof, so long as the Borrower shall contest or take other appropriate
<br /> action in good faith and at its cost and expense with respect to the amount or validity thereof, in
<br /> an appropriate manner or by appropriate proceedings which shall operate during the pendency
<br /> thereof to prevent the collection of or other realization upon the tax,charge,imposition,assessment
<br /> or levy so contested, the sale, forfeiture or loss of its Property or any part thereof to satisfy the
<br /> same or any materially adverse effect on its Property or on the use, occupancy or condition of the
<br /> Borrower's educational facilities taken as a whole;provided, that no such contest or action shall
<br /> (i) subject the City or the Trustee to any liability unless the Borrower properly indemnifies the
<br /> City or the Trustee, as the case may be, or(ii) impair the validity, priority or enforceability of any
<br /> lien securing the Series 2026A Bonds. While any such matters are pending, the Borrower shall
<br /> have the right to pay, remove or cause to be discharged or marked exempt the tax, charge,
<br /> imposition, assessment, or levy being contested. Each such contest shall be promptly prosecuted
<br /> to final conclusion or settlement, and the Borrower will pay, and save the City and the Trustee
<br /> harmless against, all losses,judgments, decrees and costs (including attorneys' fees and expenses
<br /> in connection therewith) and will, promptly after the final determination or settlement of such
<br /> contest or action, pay and discharge the amounts which shall be levied, assessed or imposed or
<br /> determined to be payable therein, together with all penalties, fines, interests, costs and expenses
<br /> thereon or in connection therewith.
<br /> Section 2.09. Use of the Financed Property. (a) The Borrower will use the Financed
<br /> Property only in furtherance of the lawful corporate purposes of the Borrower.
<br /> (b) The Borrower further agrees that it will not use the Financed Property or any part
<br /> thereof in a manner which would violate the Establishment of Religion Clause of the First
<br /> Amendment to the Constitution of the United States of America, including the decisions of the
<br /> United States Supreme Court interpreting the same, or any comparable provisions of the
<br /> Constitution of the State,including the decisions in the Supreme Court of the State interpreting the
<br /> same. Notwithstanding the payment of the Series 2026A Note, and notwithstanding the
<br /> termination of this Loan Agreement, the Borrower agrees that it will continue to comply with the
<br /> restriction stated in the preceding sentence on the sectarian use of the Financed Property. To the
<br /> extent required by law, the Borrower will permit the City to inspect the Financed Property solely
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