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Agreement and do not, and will not, conflict with or <br />result in a default under any agreement or instrument <br />to which the Company is a party or by which it is <br />bound. This Amendment, the Mortgage Supplement, the <br />Assignment Amendment and the Project Note have, by <br />proper action, been duly authorized, executed and <br />delivered by the Company and all steps necessary have <br />been taken to constitute this Amendment, the Mortgage <br />Supplement, the Assignment, the Amendment and the <br />Project Note valid and binding obligations of the <br />Company. <br /> <br /> (c) The acquisition and construction of the <br />Project were not commenced (within the meaning of <br />Section 144(a) of the Code) prior to the passage of <br />the ordinance of the Issuer on April 2, 1984 with <br />respect to the Project. <br /> <br /> (d) It has caused the Project to be substantial- <br />ly completed and the Project is being and will be <br />operated and maintained in such manner to conform with <br />all applicable zoning, planning, building, environ- <br />mental and other applicable governmental regulations <br />and as to be consistent with the Act. <br /> <br /> (e) It has used and intends to use or operate <br />the Project in a manner consistent with the Project <br />Purposes until the date on which the Bonds have been <br />fully paid and knows of no reason why the Project will <br />not be so operated. If, in the future, there is a <br />cessation of that operation, it will use its best <br />efforts to resume that operation or accomplish an <br />alternate use by the Company or others which will be <br />consistent with the Act. <br /> <br /> (f) At least 90% of the proceeds of the Original <br />Bonds (after reduction for any underwriter's discount <br />and costs of issuance) were used by , <br />19 to provide land or property of a character sub- <br />ject to the allowance for depreciation under Section <br />167 of the Code. No proceeds will result from the <br />replacement of the Original Bonds by the Project <br />Bonds. <br /> <br /> (g) The Project is located entirely within the <br />boundaries of the City of Lakewood, Ohio. <br /> <br /> (h) There have never been issued any bonds with <br />respect to "facilities", as defined in Section <br />144(a)(4)(B) of the Code (or its statutory predeces- <br />sor), (i) which were or are being used by the Company <br />or any other "principal user" of' the Project or any <br /> <br />- 11 - <br /> <br /> <br />