Orange County NC Website
interest in the Mortgaged Property, including the Company's interest, or the rentals <br />and revenues derived therefrom or hereunder}. <br />The County may, at its otiv11 expense and in its o~vn name, in good faith <br />contest any such taxes, assessments and utility and other charges and, in the event <br />of any such contest, may permit such charges so contested to remain Ltnpaid during <br />the period of such contest and any appeal therefrom unless the Company notifies <br />the County that, in the opinion of Independent Counsel, by nonpayment of any <br />such items the security afforded pursuant to this Contract or the Deed of Trust ~~Till <br />be materially endangered or the Mortgaged Property or any portion thereof will be <br />subject to loss or forfeitL~re, u1 ~~rhich event such charges will be paid forthwith (but <br />such payment will not in itself constitute a v~raiver of the right to continue to <br />contest such charges). <br />4.9. Praperty~ Damage Insurance. {a} From and after substantial <br />completion of the Pledged Facility, the County will, at its own expense, acquire, <br />carry and maintain broad-form extended coverage property damage insurance with <br />respect to the Pledged Facility in an amount equal to its estimated replacement <br />cost. Such property damage insurance must include the Company and the Trustee <br />as loss payees. The County will provide evidence of such coverage to the <br />Company and the Trustee promptly upon such substantial completion. <br />(b) (i) All insurance required by this Section will be maintained with <br />generally recognized responsible insurers and may carry reasonable deductible or <br />risk-retention amounts. All suc11 policies will be deposited with the Trustee, <br />pro~Tided that in lieu of such policies there may be deposited with the Trustee a <br />certificate or certificates of the respective insurers attesting the fact that the <br />insurance required by this Section is in full force and effect. Prior to the expiration <br />of any such policy, the County will furnish the Trustee evidence satisfactory to the <br />Trustee that the polic~j has been renewed or replaced or is no longer required by <br />this Contract. <br />{ii} In the alternative, the County may maintain the insurance <br />required by subsection (a) above (A) by one or more blanket or umbrella insurance <br />policies or (B) by means of an adequate self-insurance fund or risk-retention <br />program, or by participation in a group risk pool or similar program. <br />{iii) If the County obtains blanket or umbrella coverage, the County <br />will deposit with the Trustee a certificate or certificates of the respective insurers <br />evidencing such coverage and, with respect to property insurance, stating the <br />amount of coverage provided with respect to the Pledged Facility (or any covered <br />J3 861v2 10 <br />