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made without its consent, which consent shall not be unreasonably conditioned, <br /> withheld or <br /> delayed. <br /> The indemnification set forth above is intended to and shall include the indemnification <br /> of all affected officials, directors, officers, agents and employees of the Issuer and the Trustee, <br /> respectively. That indemnification is intended to and shall be enforceable by the Issuer and the <br /> Trustee, respectively, to the full extent permitted by law. <br /> Section 5.4. Borrower Not to Adversely Affect Exclusion from Gross Income of <br /> Interest on Bonds. <br /> The Borrower hereby represents that it has taken and caused to be taken, and covenants <br /> that it will take and cause to be taken, all actions that may be required of it, alone or in <br /> conjunction with the Issuer, for the interest on the Bonds to be and to remain excluded from <br /> gross income for federal income tax purposes, and represents that it has not taken or permitted to <br /> be taken on its behalf, and covenants that it will not take or permit to be taken on its behalf, any <br /> actions that would adversely affect such exclusion under the provisions of the Code. <br /> Section 5.5. Affirmative Covenants. <br /> Unless the Trustee (and, where applicable, the Issuer) otherwise consents in writing: <br /> (a) Maintenance of Properties. The Borrower shall maintain and preserve in <br /> good working order and condition, ordinary wear and tear excepted, all of its properties <br /> which are necessary in the proper conduct of its business, and shall from time to time <br /> make all necessary repairs, renewals, replacements, additions and improvements to said <br /> properties. All damage to apartment units shall be repaired promptly and apartment units <br /> shall be maintained so as to be available at all times for habitation. <br /> (b) Keeping of Records and Books of Account. The Borrower shall keep <br /> g <br /> adequate records and books of account in which complete entries will be made in <br /> accordance with GAAP or indicating deviations therefrom, reflecting all financial <br /> transactions. <br /> (c) Payment of Taxes, Etc. The Borrower shall promptly pay and discharge: <br /> all taxes, assessments, fees, and other Governmental charges or levies or imposed upon it <br /> or upon any of its properties, income or profits, before the same shall become delinquent; <br /> all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other <br /> similar Persons for labor, materials, supplies and rentals, which if unpaid might by law <br /> become a Lien upon its properties; any Indebtedness heretofore or hereafter incurred by it <br /> when due, and discharge, perform and observe covenants, provisions and conditions to be <br /> discharged, performed and observed by it in connection therewith, or in connection with <br /> any agreement or other instrument relating thereto or in connection with any Lien <br /> existing at any time upon any of its properties; provided, however, that the Borrower <br /> shall not be required to pay any of the foregoing if(i) the amount, applicability or validity <br /> thereof shall currently be contested in good faith by appropriate proceedings, (ii) the <br /> Borrower shall have set aside on its books adequate reserves with respect thereto and (iii) <br /> 16 <br />