R99-187 AUTHORIZING THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE BONDS

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Section 4.5. Surplus in Project Fund. Except for any amounts that may be retained in the Project Fund pursuant to Section 4.6, all proceeds of the loan remaining on deposit in the Project Fund at the Completion Date shall be transferred to the Bond Fund and applied in accordance with Section 5 of the Bond Resolution and Section 9.3 of this Loan Agreement. Section 4.6. Completion Date. The Completion Date of the Project shall be evidenced to the Issuer and the Assignee upon receipt by the Assignee of a certificate signed by the Architect stating (i) the date on which the Project was substantially completed, (ii) that all other facilities necessary in connection with the Project have been acquired, constructed or improved, (iii) that the Project has been acquired, constructed or improved in accordance with the Plans and Specifications and in conformance with all applicable zoning, planning, building, environmental and other similar governmental regulations, (iv) all Project Costs, if any, not yet due or Project Costs whose liability the Company is contesting, and amounts that otherwise should be retained in the Project Fund and the reasons they should be retained. Such certificate may state that it is given without prejudice to any rights of the Company that then exist or may subsequently come into being against third parties. Section 4.7. Investment of Funds. Subject to the provisions of the Bond Resolution, any moneys held in the Bond Fund or the Project Fund shall, at the oral or written request (but if oral, confirmed promptly in writing) of the Authorized Company Representative, be invested or reinvested by the Assignee or Paying Agent, as the case may be, in Investment Securities as provided in the Bond Resolution. The Company shall restrict the use of the proceeds of the Bonds in such manner and to such extent, if any, as may be necessary so that they will not constitute arbitrage bonds under Section 148 of the Code. ARTICLE V MAINTENANCE; MODIFICATIONS; INSURANCE; LEASE OR ASSIGNMENT OF PROJECT; LOSS OF OR DAMAGE TO PROJECT Section 5.1. Maintenance and Modification of Project by Companx. The Company will at its own expense (i) keep the Project in as reasonably safe condition as its operations shall permit, (ii) with respect to the Project, comply with all applicable health and safety standards and all other industrial requirements or restrictions enacted or promulgated by the State, or any political subdivision or agency thereof, or by the government of the United States of America or any agency thereof, and (iii) keep the Project in good repair and in good operating condition and make from time to time all necessary repairs thereto and renewals and replacements thereof; subject, however, to the provisions of Section 5.6 hereof. The Company shall not permit or suffer others to commit a nuisance in or about the project or itself commit a nuisance in connection with its use or occupancy of the Project. 28