6097 (EXHIBIT A - E) - Laserfiche WebLink

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the aforesaid construction and installation will, with such changes and additions as may be made hereunder, result in Leased Propert), suitable for use by the Lessee. (b) The Lessee shall have and keep on file and available for inspection by the Lessor copies of the Plans and Specifications, the Construction Contracts, all policies of insurance with respect to the Project required by this Lease and all other documents executed by or furnished to the Lessee in connection with the acquisition and construction of the Project, throughout the Lease Term, or as soon after the commencement of the Lease Term as such documents become available to the Lessee. Neither such documents nor any change or amendment thereto may (i) cause the Project to be used for any purpose prohibited hereby or by the Constitution and laws of the State; (ii) result in a material reduction in the value of the Project; or (iii) adversely affect the ability of the Lessee to meet its obligations hereunder. Section 4.03. Deficiency of Construction Fund. If the money in the Parking Account or the Retail Space Account of the Construction Fund is insufficient to pay fully all Costs of the Project which are to be paid from each such account and to complete fully the Project lien free, the Lessee shall pay, but only from legally available funds, the full amount of any such deficiency by making payments directly to the contractors for the Project and to the suppliers of materials and services as the same become due; provided that the Lessee's obligation to pay any such deficiency will be limited to its current budgeted appropriations for the Project, and the Lessee will have no obligation to appropriate additional funds therefor. Section 4.04. Tax Covenants. The Lessee covenants for the benefit of the purchasers and Owners of the Certificates from time to time Outstanding that so long as any of the Certificates remain Outstanding, it will not take any action or permit any action to be taken or omit to take any action or permit the omission of any action reasonably within its control which action or omission will cause the Certificates to be "arbitrage bonds" within the meaning of Section 148 of the Code, which will cause the Certificates to be subject to treatment under Section 141 of the Code as "private activity bonds," or which will cause the Interest Component of Base Rentals to be included in gross income for federal income tax purposes or otherwise adversely affect the exclusion of the Interest Component of Base Rentals from federal and State of Missouri income taxation. This covenant will survive the termination of this Lease and the Indenture. ARTICLE V MAINTENANCE AND OPERATION Section 5.01. Maintenance and Operation. The Lessee shall, at its own expense, maintain, manage and operate the Leased Property and all improvements thereon in good order, condition and repair, ordinary wear and tear excepted. The Lessee shall provide or cause to be provided all security service, custodial service, janitor service, power, gas, telephone, light, heating, water and all other public utility services. Section 5.02. Care of the Leased Property. (a) The Lessee shall take good care of the Leased Property, fixtures and appurtenances, and suffer no waste or injury thereto, ordinary wear and tear excepted. The Lessee will repair all damage to the Leased Property, its fixtures and appurtenances due to any act or omission or cause whatsoever. -9-