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06-10-2026 Council Packet
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06-10-2026 Council Packet
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<br />9 <br />Error! Unknown document property name. <br />Section 4.14. Hazardous Waste. Borrower has inspected the Project and, other than as previously <br />disclosed to the Lender in writing, is not aware of, nor has discovered on said Project any hazardous <br />substances, hazardous wastes, pollutants, or contaminants as those terms are defined under any Federal, <br />State of Minnesota, or local statute, ordinance, code, or regulation, and further warrants that it will not, nor <br />cause to be, nor will allow any other person to deposit, store, dispose of, place, or otherwise locate or allow <br />to be located on or within the Project, any of the above referenced hazardous substance, except such <br />hazardous substances as are ordinary and necessary for the construction or operation of the Project, <br />provided that such use is in accordance with all applicable laws, and that in the event any such hazardous <br />substances are found on or within the Project, Borrower will indemnify the Lender as provided in <br />Section 6.03 herein. <br />Section 4.15. Commencement and Completion of Construction. Borrower shall commence <br />construction of the Project Improvements by the Construction Start Date, and shall diligently prosecute <br />completion of the Project by the Completion Date, subject to Unavoidable Delays. <br />Section 4.16. Stormwater Discharge and Water Management Plan Requirements. Borrower <br />shall meet all applicable requirements of Federal and state laws relating to stormwater discharges, <br />including, without limitation, any applicable requirements of Code of Federal Regulations, title 40, parts <br />122 and 123; and <br /> <br />Defaults and Remedies <br />Section 5.01. Events of Default. Any of the following events shall constitute an “Event of Default” <br />under this Agreement if such event shall occur anytime between the date of this Agreement and the date <br />the LCDA Loan is fully repaid and satisfied: <br />(a) Borrower shall default in the performance or observance of any agreements or <br />conditions required to be performed or observed by Borrower under the terms of this Agreement; <br />(b) The occurrence of one of the Events of Default specified Section 2.03(3); <br />(c) Any representation or warranty made by Borrower in this Agreement, the LCDA <br />Loan Documents or in any of the Construction and Other Documents shall prove untrue in any <br />material respect or materially misleading as of the time such representation or warranty was made; <br />(d) Borrower shall be in default under the terms of the LCDA Loan Documents, <br />Ground Lease, Construction and Other Documents, the Other Project Financing Documents, and <br />any conditions governing the payment of any other funds necessary for development of the Project, <br />and such default shall not be cured by Borrower or waived by the appropriate lend er within the <br />period of grace, if any, applicable to such default under the terms of such instruments; <br />(e) Construction of the Project Improvements shall be abandoned, or shall be <br />unreasonably delayed or discontinued for a period of thirty (30) consecutive days or more, for <br />reasons other than Unavoidable Delays; <br />(f) Borrower shall become unable to pay its debts as the same become due, or shall <br />make an assignment for the benefit of creditors or shall be adjudicated a bankrupt; or shall file a <br />voluntary petition in bankruptcy or to effect a plan or other arrangement with creditors, or to <br />liquidate assets under court supervision; or shall have applied for or permitted the appointment of <br />a receiver or trustee or custodian for any of the property or assets of Borrower or a trustee, receiver
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