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` ., 'a <br />• and that it has and will preserve good and indefeasible title to all such property, subject to Permitted <br />Encumbrances, as such term is defined in the Lease, and such other encumbrances as shall be <br />permitted by the Trustee, and will warrant and defend the same to the Trustee against the claims of <br />all persons whatsoever. <br />Section 5.04. The Authority covenants that it will promptly, and before they shall <br />become delinquent, pay or cause to be paid all lawful taxes, charges and assessments at any time <br />levied or assessed upon or against the Project, or any part thereof, or upon the use of the same, or <br />upon the income or profits thereof, and all license fees, franchise taxes and other like statutory <br />charges; provided, however, that no such tax, charge or assessment shall be required to be paid so <br />long as the validity of the same shall be ngood faith contested by the Authority; further, that it will <br />not suffer any lien or charge to be enforeedµor to exist against the Project or any part thereof, or upon <br />the Lease or the Pledged Funds, except the lien and charge of the Bonds secured hereby upon such <br />Lease and Pledged Funds, and except for Permitted Encumbrances, as such term is defined in the <br />Lease and such other encumbrances as shall be permitted by the Trustee; that it will not commit or <br />suffer any waste of said property; and that it will at all times operate the property and keep and <br />maintain said property and all buildings, structures, apparatus and appurtenances thereon or thereof <br />in good repair, working order and condition, and will from time to time make all needful and proper <br />repairs, renewals and replacements. <br />Section 5.05. The Authority covenants that until all indebtedness secured by this <br />• Agreement is fully paid, it will faithfully observe and comply with the terms of all applicable laws <br />and ordinances of the State of Indiana and any political or municipal subdivision thereof. <br />Section 5.06. If the Authority should at any time fail to pay in apt season any tax, <br />assessment or other charge upon the Project, or any part thereof, or fail to pay promptly when <br />payable any license fee, franchise or corporation tax, or like statutory. charge, the Trustee may,. <br />without obligation to inquire into the validity thereof, pay such tax, assessment, fee or other charge, <br />but without prejudice to the rights of the Trustee arising hereunder in consequence of such default, <br />and the amount of every payment so made at any time by the Trustee, with interest thereon at the <br />highest rate of interest on any of the Bonds when sold, whether or not then outstanding, from the <br />date of payment, shall constitute an additional indebtedness of the Authority secured by the lien of <br />this Agreement, prior and paramount to the lien hereunder of any of said Bonds and the premium <br />and interest thereon. <br />Section 5.07. The Authority covenants that proper books of record and account will <br />be kept in which full, true and correct entries will be made of all dealings or transactions of or in <br />relation to the properties, business and affairs of the Authority, and that it will: <br /> <br />::ODMA\PCDOCS\SBDOCS (\24203\2 -19- <br />