2026-35 An Ordinance Authorizing the Issuance and Sale of Revenue Bonds (Millikin University), Series 2026A of the City of Decatur, Macon County, Illinois, in an Aggregate Principal Amount not to Exceed $18,000,000; Authorizing the Execution

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Section 2.31. Environmental Matters. (a) To the best of its knowledge and after due inquiry, the Borrower has not been informed of, nor does the Borrower have any knowledge of (i)the presence of any Hazardous Materials on any of the Financed Property, or (ii) any spills, releases,threatened releases, discharges or disposals of Hazardous Materials that have occurred or are presently occurring on or onto any of the Financed Property or any properties adjacent to any of the Financed Property, or(iii)any spills or disposals of Hazardous Materials that have occurred or are presently occurring on any other properties as a result of any construction on or operation and use of the Financed Property. (b) In connection with the construction on or operation and use of any of the Financed Property, the Borrower represents that it will comply with any applicable local, state or federal environmental laws, regulations, ordinances and administrative and judicial orders relating to the generation, treatment, recycling, reuse, sale, storage, handling, transport and disposal of any Hazardous Materials. (c) The Borrower represents and warrants that it has not given any release or waiver of liability that would impair any claim based upon Hazardous Materials to a previous owner of the Financed Property or to any party who may be potentially responsible for the presence of Hazardous Materials thereon nor has it made promises of indemnification regarding Hazardous Materials on or associated with the Financed Property to any person other than the City or the Trustee. (d) In the event that the Borrower becomes aware of the release of any Hazardous Materials on, or other environmental condition or liability with respect to, the Financed Property in violation of the Environmental Laws, the Borrower agrees to promptly notify the City and the Trustee in writing of such condition. The Borrower further agrees to take actions to investigate and clean up the release of any Hazardous Materials on,or other environmental condition,problem or liability affecting, the Financed Property, promptly after the Borrower becomes aware of any such condition and to keep the City and the Trustee advised of all such actions taken by the Borrower. (e) The representations and warranties set forth in this Section 2.40 shall survive the payment of the Bonds, and the discharge of any obligations owed by the parties to each other and will survive any transfer of title to the Financed Property, whether by foreclosure, or otherwise and shall not be affected by any investigation by or on behalf of the City or the Trustee or any information which the City or the Trustee may have or obtain with respect thereto. (f) Nothing in this Section shall be interpreted to prevent the Borrower from using the Financed Property for the typical purposes of a higher education institution, including but not limited to laboratory and research related uses. Section 2.32. Maintenance of Tuition. The Borrower covenants and agrees, to the extent permitted by law, to charge such Tuition for its educational facilities and services, and to exercise such skill and diligence with respect to all of its facilities and services, as to generate gross revenues therefrom which will be available and sufficient in amount,together with other available funds, to pay all operating expenses of the Borrower's facilities, to pay all debt service -21-