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Section 3 .7 . Liens. Subject to the provisions of Section 3 .9 <br /> hereof, the Borrower will not create or permit to be created or <br /> remain and will, at its cost and expense, promptly discharge all <br /> liens, security interests, encumbrances and charges on the <br /> Mortgaged Property or any part thereof other than Permitted <br /> Encumbrances. <br /> Section 3 .8. Compliance with Orders, Ordinances, Etc. Subject <br /> to the provisions of Section 3 .9 hereof, the Borrower will, at its <br /> sole cost and expense, comply with all present and future laws, <br /> ordinances, orders, decrees, rules, regulations and requirements of <br /> every duly constituted governmental authority, commission and court <br /> and the officers thereof of which it has notice, and the failure to <br /> comply with which would materially and adversely affect the <br /> Mortgaged Property or the use, occupancy or condition thereof. <br /> Section 3 . 9. Permitted Contests. The Borrower shall not be <br /> required to pay any tax, charge or assessment required to be paid <br /> under Section 3 . 6 hereof, nor to remove any lien, security <br /> interest, encumbrance or charge required to be removed under <br /> Section 3 .7 hereof, nor to comply with any law, ordinance, order, <br /> decree, rule, regulation or requirement referred to in Section 3 .8 <br /> hereof, so long as the Borrower shall in good faith and at its cost <br /> and expense contest the amount or validity thereof, or take other <br /> appropriate action with respect thereto, in an appropriate manner <br /> or by appropriate proceedings, which shall operate during the <br /> pendency thereof to prevent the collection of or other realization <br /> upon the tax, charge, assessment, lien, security interest or <br /> encumbrance so contested, and the sale, forfeiture or loss of the <br /> Mortgaged Property or any part thereof to satisfy the same; <br /> provided, that no such contest or action shall subject the Issuer <br /> or the Trustee to any liability unless the Borrower properly <br /> indemnifies the Issuer or the Trustee, as the case may be. While <br /> any such matters are pending, the Borrower shall have the right to <br /> pay, remove or cause to be discharged or marked exempt the tax, <br /> charge, assessment, lien, security interest or encumbrance being <br /> contested. Each such contest shall be promptly prosecuted to final <br /> conclusion or settlement, and the Borrower will pay, and save the <br /> Issuer and the Trustee harmless against, all losses, judgments, <br /> decrees and costs (including reasonable attorneys fees and expenses <br /> in connection therewith) and will, promptly after the final <br /> determination or settlement of such contest or action, pay and <br /> discharge the amounts which shall be levied, assessed or imposed or <br /> determined to be payable thereon, together with all penalties, <br /> fines, interests, costs and expenses thereon or in connection <br /> therewith. <br /> Section 3 . 10. Repairs, Maintenance and Alterations. The <br /> Borrower will at its own cost and expense keep the Mortgaged <br /> Property in good repair and order, reasonable wear and tear <br /> excepted, and in as reasonably safe condition as its operation will <br /> permit and will make all necessary repairs thereto, ordinary as <br /> -18- <br />