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4.2. Utilities. The County will pay all charges for utility services <br />furnished to or used on or in connection uTith the Pledged Site and the Pledged <br />Facility. <br />4.3. Risk of Lass. The County will bear all risk of loss to and <br />condemnation of the Financed Facilities and the Project Sites. Upon loss, damage <br />or condemnation of the Mortgaged Property, the County will proceed as provided <br />in Article VI. <br />4.4. Company's Performance of County's Responsibilities. Any <br />performance required of the County or any payments required to be made by the <br />County for the insurance, maintenance or preservation of the Mortgaged Property <br />may, if not timely performed or paid, be performed or paid by the Company. The <br />County will then reimburse the Compan}r far any such payments and for any <br />associated costs and expenses, legal or otherwise, together with interest thereon at <br />the annual rate of 8.00°l0. <br />4.5. Compliance with Requirements. The County will promptly and <br />faithfully comply ujith all requirements of govenunental authorities relating to the <br />use or condition of the Mortgaged Property, the violation of ~wluch would <br />adversely affect the use, value or condition of the Mortgaged Property, whether or <br />not such requirement will necessitate structural changes or improvements or <br />interfere with the use or enjoyment of the Mortgaged Property {or be diligently and <br />in good faith contesting such requirements}. Unless required by applicable law or <br />unless the Company has otherwise agreed in writing, the County will not use the <br />Mortgaged Property for any purposes other than that for which the same were <br />intended as of the date of this Contract. The County will in no event use the <br />Mortgaged Property or any part thereof nor allow the same to be used for any <br />unlav~~ful purpose or in violation of any certificate of occupancy or other permit or <br />certificate, or any lauT, ordinance or regulation. <br />4.6. Use and Operation; Leasing. {a) The acquisition and construction <br />of the Pledged Facility uTill be useful to the County in carrying out its required <br />function of providing school facilities. The County and the School Board have an <br />immediate need for the Pledged Facility, and the Count~J expects the School Board <br />to make immediate use of the Pledged Facility upon their completion. The County <br />does not expect such need or use to diminish in any material respect during the <br />Contract term. <br />{b) The County will use and operate, or will cause the School Board to <br />use and operate, the Pledged Facility for public educational purposes, and for no <br />93361v2 g <br />