OTHER-2021-022 Trust Agreement - Laserfiche WebLink

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whether or not any requirement necessitates structural changes or improvements or interferes with the use or enjoyment of the Mortgaged Property (or be diligently and in good faith contesting such requirements). Unless required by applicable law or unless the Trustee has otherwise agreed in writing, the County must not use the Mortgaged Property for any purposes other than that for which the same were intended as of the Closing Date. In no event may the County use the Mortgaged Property or any part thereof, nor allow the same to be used for, any unlawful purpose or in violation of any certificate of occupancy or other permit or certificate, or any law, ordinance or regulation. Section 5.09. Use and Operation. (a) The County represents that the acquisition and construction of the improvements to the Pledged Facilities will be useful to the County in carrying out its required public functions. The County has an immediate need for the Pledged Facilities, and the County expects to use the Pledged Facilities throughout the Contract Term. (b) The County will be solely responsible for the operation of the Pledged Facilities and will not contract with any other person or entity for that operation. The Pledged Facilities will not be used in any private business or put to any private business use, except for such minor and occasional uses as may be consistent with their use as local government facilities and that will not cause the County to be in violation of its covenant as set forth in Section 6.01(k). The County will use and operate the Financed Facilities for their intended public purposes, and for no other purpose unless required by law. (b) Notwithstanding the provisions of subsections (a) and (b), the parties acknowledge that the County intends to lease a portion of the Pledged Facilities that constitute public school facilities (the "School Facilities") to the School Board, or may otherwise provide for the School Board's use and operation of those School Facilities. In addition, the County and the School Board may agree that the School Board will assume some of the County's responsibilities under this Agreement, including obligations with respect to maintaining primary casualty insurance on the School Facilities. Notwithstanding any other provision of this Agreement to the contrary, the parties agree that any such lease or other arrangements between the County and the School Board will not violate any provision of this Agreement. No such lease or other arrangement, however, will in any way reduce the County's responsibilities with respect to the School Facilities under this Agreement. 19