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rehabilitation of the Improvements and the development of the Project in an amount equal to the <br /> statutory limit in the State where the Project are located, and (iii) Architects & Engineers <br /> Professional Liability insurance covering errors and/or omissions in the performance of <br /> professional services in conjunction with the Project in amounts satisfactory to MBI, with <br /> coverage continuing for a five-year discovery period after acceptance in which claims can be <br /> made. <br /> (s) Borrower will maintain at all times Borrower's existence in good standing under <br /> the laws of the State of Indiana, and shall(1)retain its name as set forth on page 1 hereof, and(2) <br /> maintain its existence in good standing in each state in which it conducts business. <br /> (t) Borrower will cause the construction or rehabilitation of the Improvements to <br /> commence on or before the Termination Date and to continue without stoppage or delay in excess <br /> of ten(10)Business Days, except for delays beyond the reasonable control of Borrower, until the <br /> construction or rehabilitation of Improvements has been completed in accordance with the Plans <br /> and Specifications,as approved by MBI. <br /> (u) [This paragraph is intentionally left blank]. <br /> (v) [This paragraph is intentionally left blank]. <br /> (w) Borrower will cause all of the construction contracts for the Improvements to <br /> contain fixed-prices. <br /> (x) Borrower will notify MBI,upon MBI's request at any time and from time to time, <br /> of all sites at which Borrower is conducting business or at which inventory, equipment or other <br /> assets of Borrower are located. <br /> (y) Borrower will provide to MBI, promptly upon its execution, a copy of each <br /> contract executed by Borrower that is material to the operation of Borrower's businesses, and give <br /> prompt written notice to MBI of any act of default by Borrower under any existing or future <br /> contract, which default could have a material adverse effect on the financial condition or business <br /> operations of Borrower, or any acceleration of any indebtedness caused thereby. <br /> (z) [This paragraph is intentionally left blank]. <br /> (aa) [This paragraph is intentionally left blank]. <br /> (bb) Borrower will comply with all applicable federal, state and local statutes, <br /> regulations and ordinances. <br /> (cc) Borrower will from time to time upon the request of MBI, furnish to MBI <br /> information regarding arrangements between Borrower and its suppliers and further assurances <br /> that Borrower has the financial and operational ability and capacity, to perform its obligations <br /> hereunder. <br /> (dd) Borrower will indemnify and hold MBI harmless from and against any and all <br /> claims, losses, damages, setoffs, counterclaims or expenses (including attorneys' fees and costs) <br /> which MBI may sustain as a result of the transactions evidenced by this Agreement or because of <br /> the breach of or inaccuracy in any of the representations and warranties contained in this <br /> Agreement or in any other document executed by Borrower in connection herewith or in any <br /> other written communication of Borrower to MBI in connection with the transactions secured <br /> Page 48 <br />