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

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such contested items, the lien or security interest of the Mortgage as to any substantial part of the ', Project may be materially endangered or the Project or any part thereof may be subject to ' imminent loss or forfeiture, in which event the Company shall promptly satisfy or discharge all such liens, encumbrances or other charges or furnish, at the expense of the Company, security satisfactory to the Issuer and Assignee. Section 5.8. Granting of Easements. If no Event of Default under this Loan Agreement shall then be existing and continuing and with the written consent of the Assignee, the Company may at any time or times grant easements, licenses, rights-of-way (including the dedication of public highways) and other rights or privileges in the nature of easements with respect to any property included in the Project, free from the lien of the Mortgage, or the Company may release existing easements, licenses, rights of way and other rights or privileges with or without consideration, and the Issuer agrees that it shall upon written request of the Company and with the Assignee's approval and having been indemnified for its costs, execute and deliver and will cause and direct the Assignee to execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right of way or other right or privilege upon receipt o£ (i) a copy of the instrument of grant or release; (ii) a written application signed by an Authorized Company Representative stating (A) that such grant or release is not detrimental to the proper conduct of the affairs of the Company and (B) that such grant or release will not impair the effective use or interfere with the operation of the Project and will not weaken, diminish or impair the security intended to be given by or under the Mortgage. Any money consideration received in connection with the granting of an easement pursuant to this Section 5.8 shall be paid to the Assignee for deposit in the Bond Fund, which amount shall be used by the Assignee to redeem Bonds pursuant to this Agreement and the Bond Resolution. Any other consideration received shall be subject to the lien of the Mortgage. No grant or release effected under the provisions of this Section shall entitle the Company to any abatement or diminution of the loan payments payable under Section 3. 3 hereof. ARTICLE VI PARTICULAR COVENANTS Section 6.1. Access to the Project and Inspection; Operation of the Project. The Authorized Issuer Representative, and the duly authorized agents of the Issuer, and the Assignee shall have the right, at all reasonable times upon the furnishing of reasonable notice under the circumstances, to enter upon the Project and to examine and inspect the Project, subject to any secrecy regulation or agreement or national security law or regulation of the government of the United States of America. The Company will execute, acknowledge and deliver all such further documents and do all such other acts and things as may be necessary to grant to the Issuer and the Assignee such right of entry. The Authorized Issuer Representative, and the duly authorized agents of the Issuer, and the Assignee shall also be permitted, at all reasonable times upon reasonable notice under the circumstances, to examine the books and records, including, but not limited to, all reports, contracts, cost statements and estimates, of the Company with respect to the Project and the obligations of the Company hereunder and under the Mortgage, the 33