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neighbonng property, (viii) the quality of any labor and materials used in any improvements on <br /> the Leased Premises, or(ix) the condition of title to the Leased Premises. <br /> Section 2 7 Lessee to Rely on Own Experts Lessee understands that notwithstanding <br /> the delivery by Lessor to Lessee of any materials, including, without limitation, third party <br /> reports, Lessee will rely entirely on Lessee's own experts and consultants and its own <br /> independent investigation in proceeding with the leasing of the Leased Premises <br /> ARTICLE 3 <br /> THE IMPROVEMENTS <br /> Section 3 1 Construction Lessee shall cause the Improvements to be constructed in <br /> substantial compliance with the Construction Plans approved by City and the terms and <br /> conditions of the land use permits and approvals and building permits, including any vanances <br /> granted for the Improvements to be approved by Lessor, within twenty-six (26) months from the <br /> award of a preliminary reservation of low income housing tax credits for the Improvements from <br /> TCAC Any and all Improvements constructed by or on behalf of Lessee shall be constructed in <br /> a good and workerlike manner, in compliance with all applicable Legal Requirements. Except as <br /> may be specified in the documents evidencing the City Loan and any City financing for the <br /> Project that may be approved by the City in its sole discretion, Lessee shall bear the entire and <br /> sole cost of planning, designing, engineering, financing, constructing, supervising, and <br /> inspecting the Improvements, including all fees and mitigation measures City acknowledges <br /> that as of the Commencement Date, the City has approved the Construction Plans <br /> Section 3.2 Liens. Lessee shall not have any nght, authority or power to bind Lessor, <br /> Lessor's Estate, or any interest of Lessor in the Land or the Leased Premises, for any claim for <br /> labor or matenal, or for any other charge or expense, lien or secunty interest incurred in <br /> connection with Lessee's use of the Land, or the development, construction or operation of the <br /> Improvements, or any change, alteration of addition thereto Lessee shall have the nght to <br /> encumber Lessee's Estate with security instruments required in connection with the Approved <br /> Loans, which Approved Loans shall not require the Lessor's consent, and with utility easements <br /> and other customary easements necessary and incidental to the development, construction and <br /> operation of the Improvements, provided that such easements are subject to the approval of <br /> Lessor, which shall not be unreasonably withheld, conditioned or delayed. <br /> The Lessee shall not create or permit or suffer to be created or to remain upon the <br /> Lessor's Estate or any interest of Lessor in the Land or the Leased Premises, or upon the Leased <br /> Premises, or any part thereof, and will discharge, any lien, including, but not limited to, the liens <br /> of mechanics, laborers, matenalmen, suppliers or vendors for work or matenals alleged to be <br /> done or furnished in connection with the Leased Premises or the Project, or any part thereof. If <br /> any claim of lien is filed against the Lessor's Estate or any interest of Lessor in the Land or the <br /> Leased Premises, or a stop notice is served on any other lender or other third party in connection <br /> with the Leased Premises or the Improvements, or upon the Leased Premises, or any part thereof, <br /> then the Lessee shall, within twenty(20) days after such filing or service, either pay and fully <br /> discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to the <br /> Lessor a surety bond in sufficient form and amount, or provide the Lessor with other assurance <br /> 9 <br /> 191\52\1656915 8 <br /> OAK#4834-9609-1684 v9 <br />