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135242317v3 <br /> <br /> <br />26 <br /> <br />(i) Any breach by Borrower of its obligations under the Financing <br />Documents or the execution, amendment, restructuring or enforcement thereof, or <br />in connection with transactions contemplated thereby, including the issuance, sale, <br />transfer or resale of the Governmental Note. <br />(ii) Any act or omission of Borrower or any of its agents, contractors, <br />servants, employees or licensees in connection with the Project Loan or the Project, <br />the operation of the Project, or the condition, environmental or otherwise, <br />occupancy, use, possession, conduct or management of work done in or about, or <br />from the planning, design, acquisition, installation, construction or equipping of, <br />the Project or any part thereof. <br />(iii) Any accident, injury to, or death of persons or loss of or damage to <br />property occurring in, on or about the Project or any part thereof. <br />(iv) Any lien (other than liens permitted under the Continuing Covenant <br />Agreement) or charge upon payments by Borrower to Governmental Lender, Fiscal <br />Agent or Loan Servicer hereunder, or any Taxes (including, without limitation, all <br />ad valorem taxes and sales taxes), assessments, impositions and other charges <br />imposed on Governmental Lender or Fiscal Agent in respect of any portion of the <br />Project (other than income and similar taxes on fees received or earned in <br />connection therewith). <br />(v) Any violation of any environmental law, rule or regulation with <br />respect to, or the release of any hazardous materials from, the Project or any part <br />thereof. <br />(vi) The enforcement of, or any action taken by Governmental Lender, <br />Fiscal Agent or Funding Lender Representative related to remedies under this <br />Project Loan Agreement, the Funding Loan Agreement or any other Financing <br />Document. <br />(vii) Any untrue statement of a material fact or alleged untrue statement <br />of a material fact by Borrower contained in any offering statement or document for <br />the Governmental Note or any of the Financing Documents to which Borrower is a <br />party, or any omission or alleged omission by Borrower of a material fact from any <br />offering statement or document for the Governmental Note necessary to be stated <br />therein in order to make the statements made therein by Borrower, in the light of <br />the circumstances under which they were made, not misleading. <br />(viii) Any declaration of taxability of interest on the Governmental Note <br />or allegations (or regulatory inquiry) that interest on the Governmental Note is <br />includable in the gross income of the holders thereof for federal income tax <br />purposes. <br />(ix) Any audit or inquiry by the Internal Revenue Service with respect <br />to the Project and/or the tax-exempt status of the Governmental Note.