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(ee) Borrower has furnished to MBI a copy of executed non-residential lease, if any, <br /> affecting any portion of the Project and all such leases must contain terms and conditions <br /> acceptable to MBI. <br /> (ff) Borrower has furnished to MBI evidence that the Project is compliant with all <br /> zoning requirements, including,but not limited to,all necessary zoning variances and approvals. <br /> (gg) If required by MBI, the Construction Consultant shall have reviewed the Plans <br /> and Specifications and the Development Budget and shall have delivered to MBI a report and <br /> analysis, in form and substance acceptable to MBI, which(i) confirms the reasonable expectation <br /> that the Project can be built in accordance with the Plans and Specifications for the total cost set <br /> forth in the Development Budget,and(ii)addresses such other issues as MBI may require. <br /> (hh) [This paragraph is intentionally left blank]. <br /> (ii) [This paragraph is intentionally left blank]. <br /> (jj) Borrower has furnished written confirmation, in form and substance acceptable <br /> to MBI,that the Tax Credits are available to the Project. <br /> (kk) [This paragraph is intentionally left blank]. <br /> (11) [This paragraph is intentionally left blank]. <br /> (mm) [This paragraph is intentionally left blank]. <br /> (nn) [This paragraph is intentionally left blank]. <br /> (oo) Borrower has furnished to MBI written confirmation, in form and substance <br /> acceptable to MBI,that Issuer has authorized the issuance of, and has issued,the Bonds. <br /> (pp) [This paragraph is intentionally left blank]. <br /> (qq) Borrower has furnished to MBI fully executed copies of this Agreement, the <br /> LURA, and all other documents executed in connection with the Bonds, in form and substance <br /> satisfactory to MBI. <br /> (rr) Borrower has furnished to MBI an opinion of bond counsel in form and <br /> substance satisfactory to MBI. <br /> Section 9.2 Conditions to be Satisfied in a Manner Acceptable to MBI. All conditions <br /> required to have occurred or be satisfied under Section 4.1 shall have occurred or have been satisfied in a <br /> manner acceptable to MBI. All documents required to be delivered to MBI under Section 9.1 shall be <br /> satisfactory in form and substance to MBI. <br /> Section 9.3 No Waiver of Full Compliance. Any of the conditions set forth in Section 9.1 <br /> may be waived by MBI at the time of each advancement; however, any such waiver by MBI at the time of <br /> a particular advancement shall not be deemed or construed as a waiver of the right of MBI to require full <br /> compliance with all conditions precedent prior to the next succeeding advancement. In the event MBI, in <br /> its sole discretion, shall require further evidence of the occurrence or satisfaction of any condition <br /> precedent set forth in Section 4.1 or in the event circumstances occur whereby any condition precedent is <br /> Page 30 <br />