Common use of Access, Utilities, and Laws Clause in Contracts

Access, Utilities, and Laws. (a) evidence satisfactory to Administrative Agent that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunal, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent of paid impact fees, utility reservation deposits, and connection fees required to assure the availability of such services; (c) evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property permit the use for which the Property is intended and have been or will be complied with without the existence of any variance, non-complying use, nonconforming use or other special exception; (d) evidence satisfactory to Administrative Agent that the Land and Improvements comply and will comply with all Laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) evidence satisfactory to Administrative Agent of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws and governmental requirements as Administrative Agent may request, including all Laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; The Federal Architectural Barriers Act (42 U.S.C. § 4151 et seq.); The Fair Housing Amendments Act of 1988 (42 U.S.C. § 3601 et seq.); The Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); The Rehabilitation Act of 1973 (29 U.S.C. § 794) and any other state or local requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. For each Project to be added to the Collateral Pool as of the Closing Date: (a) evidence satisfactory to Administrative Agent in its good faith business judgment that the Property Collateral abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunal, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would materially adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent of paid impact fees, utility reservation deposits, and connection fees required to assure the availability of such services; (c) evidence reasonably satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property Collateral permit the use for which the Property Collateral is intended and have been or will be complied with without the existence of any variance, non-complying use, nonconforming use or other special exception; (dc) evidence satisfactory to Administrative Agent that the Land and Improvements comply and will comply with all Laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (d) a true and correct copy of a valid certificate of occupancy for the Improvements, together with all other consents, licenses, permits and approvals necessary for the use, occupancy and operation of the Improvements, all in assignable form (to the extent appropriate) and in full force and effect; and (e) evidence reasonably satisfactory to Administrative Agent of compliance by Borrower Borrowers and the PropertyCollateral, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws and governmental requirements as Administrative Agent may request, including all Laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; , The Federal Architectural Barriers Act (42 U.S.C. § 4151 et seq.); , The Fair Housing Amendments Act of 1988 (42 U.S.C. § 3601 et seq.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § 794) ), and any other applicable state or local requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. Lender shall have received and approved: (ai) satisfactory evidence satisfactory to Administrative Agent that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunalgovernmental authority, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (bii) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent Lender of paid impact fees, fees or utility reservation deposits, and deposits or connection fees required to assure the availability of such services; (ciii) satisfactory evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property permit the use for which the Property is intended and have been or will be complied with without the existence necessity of any variance, non-complying variance and without the Property being a nonconforming use, nonconforming use or other special exception; (div) evidence satisfactory to Administrative Agent Lender that the Land and Improvements comply and will comply with all Laws laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (ev) a true and correct copy of a valid building permit for the Improvements, together with all other permits and approvals necessary for construction of the Improvements; and (vi) evidence satisfactory to Administrative Agent Lender of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws laws and governmental requirements as Administrative Agent Lender may request, including all Laws laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; The Federal Architectural Barriers Act (42 U.S.C. § 4151 et seq.); The Fair Housing Amendments Act of 1988 (42 U.S.C. § 3601 et seq.); The Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); The Rehabilitation Act of 1973 (29 U.S.C. § 794) and any other state or local requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. The Administrative Agent shall have received and approved (a) satisfactory evidence satisfactory to Administrative Agent that the Property Land abuts and has fully adequate direct and free access to one or more a public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunal, that all fees, costs and expenses street (indication of the installation and acceptance thereof have been paid in full, and that there are no restrictions such access on the use and enjoyment of such streets which would adversely affect the Projectas-built survey noted in clause (viii) above being deemed satisfactory evidence); (b) letters from the applicable utility companies or governmental authorities confirming evidence that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent of paid impact fees, utility reservation deposits, and connection fees required to assure the availability capacity (indication of such servicesavailability on the as-built survey noted in clause (viii) above being deemed satisfactory evidence); (c) satisfactory evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property Land permit the use for which the Property is intended and have been or will be complied with without the existence necessity of any variance, non-complying variance and without the Property being a nonconforming use, nonconforming use or other special exception; (d) evidence satisfactory to Administrative Agent that a true and correct copy of a valid building permit or grading permit, as applicable, for the Land and Improvements comply and will comply Improvements, together with all Laws other permits and governmental requirements regarding subdivision approvals necessary for construction of the Improvements; and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) evidence satisfactory to the Administrative Agent of compliance by the Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws laws and governmental requirements as the Administrative Agent may request, including all Laws laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; , The Federal Architectural Barriers Act (42 U.S.C. § Section 4151 et seq.); , The 41 Fair Housing Amendments Act of 1988 (42 U.S.C. § Section 3601 et seq.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § Section 12101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § Section 794) and any other applicable state or local requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. Lender shall have received and approved (a) satisfactory evidence satisfactory to Administrative Agent that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunalgovernmental authority, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent Lender of paid impact fees, fees or utility reservation deposits, and deposits or connection fees required to assure the availability of such services; (c) satisfactory evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property (including those relating to the local government Comprehensive Planning and Land Development Regulation Act, ss. 163.3161, ET SEQ., FLORIDA STATUTES) permit the use for which the Property is intended and have been or will be complied with without the existence necessity of any variance, non-complying variance and without the Property being a nonconforming use, nonconforming use or other special exception; (d) evidence satisfactory to Administrative Agent Lender that the Land and Improvements comply and will comply with all Laws laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) a true and correct copy of a valid building permit for the Improvements, together with all other permits and approvals necessary for construction of the Improvements; and (f) evidence satisfactory to Administrative Agent Lender of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws laws and governmental requirements as Administrative Agent Lender may request, including all Laws laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state , Part V of California requirementsthe Florida Building Construction Standards Act entitled "Accessibility by Handicapped Persons", Chapter 553, FLORIDA STATUES; The Federal Architectural Barriers Act (42 U.S.C. § ss. 4151 et seqET SEQ.); , The Fair Housing Amendments Act of 1988 (42 U.S.C. § ss. 3601 et seqET SEQ.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § ss. 12101 et seqET SEQ.); , The Rehabilitation Act of 1973 (29 U.S.C. § ss. 794) and any other applicable state or local requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. Administrative Agent shall have received and approved (a) satisfactory evidence satisfactory to Administrative Agent that the Property abuts and has fully adequate direct and free of access to one easements or more public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunal, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Projectother rights over private roads; (b) letters from the applicable utility companies or governmental authorities authorities, or other evidence reasonably satisfactory to Administrative Agent, confirming that all utilities necessary for the Improvements Improvements, including without limitation public water, sewer, electrical, telephone lines and pipes, are available at the Land in sufficient capacity, together with evidence reasonably satisfactory to Administrative Agent of paid impact fees, utility reservation deposits, and connection fees required to assure the availability of such services; (c) reasonably satisfactory evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property permit the use for which the Property is intended intended, including without limitation parking, building setbacks, lot sizes, and ingress and egress, have been or will be complied with with, without the existence of any variance, non-complying use, nonconforming use or other special exceptionexception unless disclosed to Lender prior to closing; (d) evidence reasonably satisfactory to Administrative Agent that the Land and Improvements comply and will comply with all Laws laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) a true and correct copy of a valid building permit for the Improvements, together with all other consents, licenses, permits and approvals necessary for construction of the Improvements, all in assignable form (to the extent appropriate) and in full force and effect; (f) evidence satisfactory to Administrative Agent of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws laws and governmental requirements as Administrative Agent may request, including all Laws laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; , The Federal Architectural Barriers Act (42 U.S.C. § Section 4151 et seq.); , The Fair Housing Amendments Act of 1988 (42 U.S.C. § Section 3601 et seq.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § Section 12101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § Section 794) ), and any other applicable state or local requirements; and (fg) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas; (h) soil tests and a foundation report regarding the condition of the Land by an engineer satisfactory to Administrative Agent; (i) evidence satisfactory to Administrative Agent that there is no debt, claim, or lien against the Project; (j) evidence satisfactory to Administrative Agent that the Improvements and the use of the Project do not and will not violate or encroach upon any boundary line, setback line, easement, restrictive covenant or other agreement or restriction applicable to the Project nor, in Administrative Agent's sole judgment, shall any such easement, restriction or agreement impose an unsatisfactory restriction on the Project or its owner; (k) evidence satisfactory to Administrative Agent that all taxes, assessments, standby fees and other similar charges that are then due and payable have been paid, and that the Land and Improvements constitute a separate tax lot or lots, with separate assessment or assessments of the Land and Improvements, independent of any other land or improvements; and (1) the Project will have adequate, properly approved and permitted storm water run-off and/or detention.

Access, Utilities, and Laws. (a) evidence satisfactory to Administrative Agent in its good faith business judgment that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunal, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would materially adversely affect the ProjectProperty; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent of paid impact fees, utility reservation deposits, and connection fees required to assure the availability of such services; (c) evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property permit the use for which the Property is intended and have been or will be complied with without the existence of any variance, non-complying use, nonconforming use or other special exception; (dc) evidence satisfactory to Administrative Agent that the Land and Improvements comply and will comply with all Laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (d) a true and correct copy of a valid building permit for the New Improvements, together with all other consents, licenses, permits and approvals necessary for construction of the New Improvements, all in assignable form (to the extent appropriate) and in full force and effect; and (e) evidence satisfactory to Administrative Agent of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the New Improvements, with such other applicable Laws and governmental requirements as Administrative Agent may request, including all Laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; , The Federal Architectural Barriers Act (42 U.S.C. § 4151 et seq.); , The Fair Housing Amendments Act of 1988 (42 U.S.C. § EXHIBIT C - Page 4 3601 et seq.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § 794) ), and any other applicable state or local requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. (a) evidence Evidence satisfactory to Administrative Agent that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate TribunalGovernmental Authority, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are or, upon completion of any site infrastructure improvements identified in the Plans, will be available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent of paid impact fees, utility reservation deposits, and connection fees required to assure the availability of such services; (c) evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property permit the use for which the Property is intended and have been or will be complied with without the existence of any variance, non-complying use, nonconforming use or other special exceptionIntentionally Deleted; (d) evidence satisfactory true and correct copies of all consents, licenses, permits and approvals necessary for the current phase of the construction of the Improvements, all in assignable form (to Administrative Agent that the Land extent appropriate) and Improvements comply in full force and will comply with all Laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parceleffect; (e) evidence satisfactory to Administrative Agent of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws and governmental requirements as Administrative Agent may request, including all Laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation including and to the extent applicable; any other applicable state of California requirements; The , the Federal Architectural Barriers Act (42 U.S.C. § 4151 et seq.); The , the Fair Housing Amendments Act of 1988 (42 U.S.C. § 3601 et seq.); The , the Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); The , the Rehabilitation Act of 1973 (29 U.S.C. § 794) ), and any other state or local applicable state, county and municipal requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. (a) evidence satisfactory to Administrative Agent in its good faith business judgment that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunal, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would materially adversely affect the ProjectProperty; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent of paid impact fees, utility reservation deposits, and connection fees required to assure the availability of such services; (c) evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property permit the use for which the Property is intended and have been or will be complied with without the existence of any variance, non-complying use, nonconforming use or other special exception; (dc) evidence satisfactory to Administrative Agent that the Land and Improvements comply and will comply with all Laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (d) a true and correct copy of a valid building permit for the New Improvements, together with all other consents, licenses, permits and approvals necessary for construction of the New Improvements, all in assignable form (to the extent appropriate) and in full force and effect; and (e) evidence satisfactory to Administrative Agent of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the New Improvements, with such other applicable Laws and governmental requirements as Administrative Agent may request, including all Laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; , The Federal Architectural Barriers Act (42 U.S.C. § 4151 et seq.); , The Fair Housing Amendments Act of 1988 (42 1988(42 U.S.C. § 3601 et seq.); , EXHIBIT C - Page 4 The Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § 794) ), and any other applicable state or local requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. Lender shall have received and approved (a) satisfactory evidence satisfactory to Administrative Agent that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunalgovernmental authority, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent Lender of paid impact fees, fees or utility reservation deposits, and deposits or connection fees required to assure the availability of such services; (c) satisfactory evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property (including those relating to the local government Comprehensive Planning and Land Development Regulation Act, Section 163.3161, et. seq., Florida Statutes) permit the use for which the Property is intended and have been or will be complied with without the existence necessity of any variance, non-complying variance and without the Property being a nonconforming use, nonconforming use or other special exception; (d) evidence satisfactory to Administrative Agent Lender that the Land and Improvements comply and will comply with all Laws laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) a true and correct copy of a valid building permit for the Improvements, together with all other permits and approvals necessary for construction of the Improvements; and (f) evidence satisfactory to Administrative Agent Lender of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws laws and governmental requirements as Administrative Agent Lender may request, including all Laws laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state , Part V of California requirementsthe Florida Building Construction Standards Act entitled "Accessibility by Handicapped Persons", Chapter 553, Fla Stat.; The Federal Architectural Barriers Act (42 U.S.C. § Section 4151 et seq.); , The Fair Housing Amendments Act of 1988 (42 U.S.C. § Section 3601 et seq.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § Section 12101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § Section 794) and any other applicable state or local requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. Bank shall have received and approved (a) satisfactory evidence satisfactory to Administrative Agent that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunalgovernmental authority, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent Bank of paid impact fees, fees or utility reservation deposits, and deposits or connection fees required to assure the timely availability of such services; (c) satisfactory evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property permit the use for which the Property is intended and have been or will be complied with without the existence necessity of any variance, non-complying variance and without the Property being a nonconforming use, nonconforming use or other special exception; (d) evidence satisfactory to Administrative Agent Bank that the Land and Improvements comply and will comply with all Laws laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) a true and correct copy of a valid building permit for the Improvements, together with all other permits and approvals necessary for construction of the Improvements; and (f) evidence satisfactory to Administrative Agent Bank of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws laws and governmental requirements as Administrative Agent Bank may request, including all Laws laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; , The Federal Architectural Barriers Act (42 U.S.C. § 4151 et seq.); , The Fair Housing Amendments Act of 1988 (42 U.S.C. § 3601 et seq.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § 794) and any other applicable state or local requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. For each Project in the Collateral Pool: (a) evidence reasonably satisfactory to Administrative Agent that the Property Project abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunal, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent of paid impact fees, utility reservation deposits, and connection fees required to assure the availability of such services; (c) evidence reasonably satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property Project permit the use for which the Property Project is intended and have been or will be complied with without the existence of any variance, non-complying use, nonconforming use or other special exceptionexception (including, if reasonably required by Administrative Agent, a letter from the applicable zoning authority with respect to the Project stating that all improvements on the Project have been constructed and are being used and operated in full compliance with all applicable zoning, subdivision and building Laws applicable to such Project); (d) evidence reasonably satisfactory to Administrative Agent that the Land and Improvements comply and will comply with all Laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) a true and correct copy of a valid certificates of occupancy for the Improvements, together with all other consents, licenses, permits and approvals necessary for the use, occupancy and operation of the Improvements, all in assignable form (to the extent appropriate) and in full force and effect; and (f) evidence reasonably satisfactory to Administrative Agent of compliance by Borrower and the PropertyProject, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws and governmental requirements as Administrative Agent may reasonably request, including all Laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; , The Federal Architectural Barriers Act (42 U.S.C. § ss. 4151 et seq.); , The Fair Housing Amendments Act of 1988 (42 U.S.C. § ss. 3601 et seq.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § ss. 12101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § ss. 794) ), and any other applicable state or local requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. The Bank shall have received and approved --------------------------- (a) satisfactory evidence satisfactory to Administrative Agent that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunalgovernmental authority, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent the Bank of paid impact fees, utility reservation deposits, and connection fees required to assure the availability of such services; (c) satisfactory evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property permit the use for which the Property is intended and have been or will be complied with without the existence of any variance, non-complying use, nonconforming use or other special exceptionexception and that the Borrower has complied with the Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes; (d) evidence satisfactory to Administrative Agent the Bank that the Land and Improvements comply and will comply with all Laws laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) a true and correct copy of a valid building permit for the Improvements, together with all other consents, licenses, permits and approvals necessary for construction of the Improvements, all in assignable form (to the extent appropriate) and in full force and effect; (f) evidence satisfactory to Administrative Agent the Bank of compliance by the Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws laws and governmental requirements as Administrative Agent the Bank may request, including all Laws laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state , Part V of California requirements; the Florida Building Construction Standards Act entitled "Florida Americans With Disabilities Accessibility Implementation Act", Chapter 553, Florida Statutes, The Federal Architectural Barriers Act (42 U.S.C. § (S) 4151 et seq.); , The Fair Housing Amendments Act of 1988 (42 U.S.C. § (S) 3601 et seq.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 (S) 2101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § (S) 794) ), and any other applicable state or local requirements; and (fg) written evidence satisfactory to Administrative Agent the Bank that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings ruliings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. On or before September 17, 2007, Lender shall have received and approved (a) satisfactory evidence satisfactory to Administrative Agent that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunalgovernmental authority, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent Lender of paid impact fees, utility reservation deposits, and connection fees required to assure the availability of such services; (c) satisfactory evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property permit the use for which the Property is intended and have been or will be complied with without the existence of any variance, non-complying use, nonconforming use or other special exception; (d) evidence satisfactory to Administrative Agent that a true and correct copy of a valid building permit for the Land and Improvements comply and will comply Improvements, together with all Laws other consents, licenses, permits and governmental requirements regarding subdivision approvals necessary for construction of the Improvements, all in assignable form (to the extent appropriate) and platting in full force and would so comply if the Land and the Improvements thereon were conveyed as a separate parceleffect; (e) evidence satisfactory to Administrative Agent Lender of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws laws and governmental requirements as Administrative Agent Lender may request, including all Laws laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; , The Federal Architectural Barriers Act (42 U.S.C. § 4151 et seq.); , The Fair Housing Amendments Act of 1988 (42 U.S.C. § 3601 et seq.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § 794) ), and any other applicable state or local requirements; and (f) written evidence satisfactory to Administrative Agent Lender that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas. Notwithstanding the foregoing, Borrower shall have until November 7, 2007 to provide evidence of sufficient natural gas or utilities to run the Plant.

Access, Utilities, and Laws. The Administrative Agent shall have received and approved (a) satisfactory evidence satisfactory to Administrative Agent that the Property Land abuts and has fully adequate direct and free access to one or more a public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunal, that all fees, costs and expenses street (indication of the installation and acceptance thereof have been paid in full, and that there are no restrictions such access on the use and enjoyment of such streets which would adversely affect the Projectas-built survey noted in clause (viii) above being deemed satisfactory evidence); (b) letters from the applicable utility companies or governmental authorities confirming evidence that all utilities (other than water and sewer) necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent of paid impact fees, utility reservation deposits, and connection fees required to assure the availability capacity (indication of such servicesavailability on the as-built survey noted in clause (viii) above being deemed satisfactory evidence); (c) satisfactory evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property Land permit the use for which the Property is intended and have been or will be complied with without the existence necessity of any variance, non-complying variance and without the Property being a nonconforming use, nonconforming use or other special exception; (d) evidence satisfactory to Administrative Agent that a true and correct copy of a valid building permit or grading permit, as applicable, for the Land and Improvements comply and will comply Improvements, together with all Laws other permits and governmental requirements regarding subdivision approvals necessary for construction of the Improvements; and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) evidence satisfactory to the Administrative Agent of compliance by the Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws laws and governmental requirements as the Administrative Agent may request, including all Laws laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; , The Federal Architectural Barriers Act (42 U.S.C. § 4151 U.S.C.ss.4151 et seq.); , The Fair Housing Amendments Act of 1988 (42 U.S.C. § 3601 U.S.C.ss.3601 et seq.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 U.S.C.ss.12101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § 794U.S.C.ss.794) and any other applicable state or local requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. The Administrative Agent shall have received and approved (a) satisfactory evidence satisfactory to Administrative Agent that the Property Land abuts and has fully adequate direct and free access to one or more a public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunal, that all fees, costs and expenses street (indication of the installation and acceptance thereof have been paid in full, and that there are no restrictions such access on the use and enjoyment of such streets which would adversely affect the Projectas-built survey noted in clause (viii) above being deemed satisfactory evidence); (b) letters from the applicable utility companies or governmental authorities confirming evidence that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent of paid impact fees, utility reservation deposits, and connection fees required to assure the availability capacity (indication of such servicesavailability on the as-built survey noted in clause (viii) above being deemed satisfactory evidence); (c) satisfactory evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property Land permit the use for which the Property is intended and have been or will be complied with without the existence necessity of any variance, non-complying variance and without the Property being a nonconforming use, nonconforming use or other special exception; (d) evidence satisfactory to Administrative Agent that a true and correct copy of a valid building permit or grading permit, as applicable, for the Land and Improvements comply and will comply Improvements, together with all Laws other permits and governmental requirements regarding subdivision approvals necessary for construction of the Improvements; and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) evidence satisfactory to the Administrative Agent of compliance by the Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws laws and governmental requirements as the Administrative Agent may request, including all Laws laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; , The Federal Architectural Barriers Act (42 U.S.C. § Section 4151 et seq.); , The Fair Housing Amendments Act of 1988 (42 U.S.C. § Section 3601 et seq.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § Section 12101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § Section 794) and any other applicable state or local requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. (a) evidence Evidence reasonably satisfactory to Administrative Agent that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate TribunalGovernmental Authority, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) if required by Administrative Agent, letters from the applicable utility companies or governmental authorities Governmental Authorities confirming that all utilities necessary for the Improvements are available at the boundaries of the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent of paid impact fees, utility reservation deposits, and connection fees required to assure the availability of such services; (c) evidence reasonably satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property permit the use for which the Property is intended and have been or will be complied with without the existence of any variance, non-complying use, nonconforming use or other special exception; (d) evidence reasonably satisfactory to Administrative Agent that the Land and Improvements comply and will comply with all Laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) a true and correct copy of a valid building permit for the Improvements, together with all other consents, licenses, permits and approvals necessary for construction of the Improvements, all in assignable form (to the extent appropriate and available) and in full force and effect; (f) evidence reasonably satisfactory to Administrative Agent of compliance compliance, in all material respects, by Mortgage Loan Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws and governmental requirements as Administrative Agent may reasonably request, including all Laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; , The Federal Architectural Barriers Act (42 U.S.C. § 4151 et seq.); The Fair Housing Amendments Act of 1988 (42 U.S.C. § 3601 et seq.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § 794) ), and any other applicable state or local requirements; and (fg) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. The Administrative Agent shall have received and approved (a) satisfactory evidence satisfactory to Administrative Agent that the Property Land abuts and has fully adequate direct and free access to one or more a public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunal, that all fees, costs and expenses street (indication of the installation and acceptance thereof have been paid in full, and that there are no restrictions such access on the use and enjoyment of such streets which would adversely affect the Projectas-built survey noted in clause (viii) above being deemed satisfactory evidence); (b) letters from the applicable utility companies or governmental authorities confirming evidence that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent of paid impact fees, utility reservation deposits, and connection fees required to assure the availability capacity (indication of such servicesavailability on the as-built survey noted in clause (viii) above being deemed satisfactory evidence); (c) satisfactory evidence satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property Land permit the use for which the Property is intended and have been or will be complied with without the existence necessity of any variance, non-complying variance and without the Property being a nonconforming use, nonconforming use or other special exception; (d) evidence satisfactory to Administrative Agent that a true and correct copy of a valid building permit or grading permit, as applicable, for the Land and Improvements comply and will comply Improvements, together with all Laws other permits and governmental requirements regarding subdivision approvals necessary for construction of the Improvements; and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) evidence satisfactory to the Administrative Agent of compliance by the Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws laws and governmental requirements as the Administrative Agent may request, including all Laws laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; , The Federal Architectural Barriers Act (42 U.S.C. § U.S.C.Section 4151 et seq.); , The 41 Fair Housing Amendments Act of 1988 (42 U.S.C. § U.S.C.Section 3601 et seq.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § U.S.C.Section 12101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § U.S.C.Section 794) and any other applicable state or local requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.

Access, Utilities, and Laws. For the Property: (a) evidence reasonably satisfactory to Administrative Agent that the Property abuts and has fully adequate direct and free access to one or more public streets, dedicated to public use, fully installed and accepted by the appropriate Tribunal, that all fees, costs and expenses of the installation and acceptance thereof have been paid in full, and that there are no restrictions on the use and enjoyment of such streets which would adversely affect the Project; (b) letters from the applicable utility companies or governmental authorities confirming that all utilities necessary for the Improvements are available at the Land in sufficient capacity, together with evidence satisfactory to Administrative Agent of paid impact fees, utility reservation deposits, and connection fees required to assure the availability of such services; (c) evidence reasonably satisfactory to Administrative Agent that all applicable zoning ordinances, restrictive covenants and governmental requirements affecting the Property permit the use for which the Property is intended and have been or will be complied with without the existence of any variance, non-complying use, nonconforming use or other special exceptionexception (including, if reasonably required by Administrative Agent, a letter from the applicable zoning authority with respect to the Property stating that all improvements on the Property have been constructed and are being used and operated in full compliance with all applicable zoning, subdivision and building Laws applicable to such Property); (d) evidence reasonably satisfactory to Administrative Agent that the Land and Improvements comply and will comply with all Laws and governmental requirements regarding subdivision and platting and would so comply if the Land and the Improvements thereon were conveyed as a separate parcel; (e) a true and correct copy of a valid certificates of occupancy for the Improvements, together with all other consents, licenses, permits and approvals necessary for the use, occupancy and operation of the Improvements, all in assignable form (to the extent appropriate) and in full force and effect; and (f) evidence reasonably satisfactory to Administrative Agent of compliance by Borrower and the Property, and the proposed construction, use and occupancy of the Improvements, with such other applicable Laws and governmental requirements as Administrative Agent may reasonably request, including all Laws and governmental requirements regarding access and facilities for handicapped or disabled persons including, without limitation and to the extent applicable; any other applicable state of California requirements; , The Federal Architectural Barriers Act (42 U.S.C. § ss. 4151 et seq.); , The Fair Housing Amendments Act of 1988 (42 U.S.C. § ss. 3601 et seq.); , The Americans With Disabilities Act of 1990 (42 U.S.C. § ss. 12101 et seq.); , The Rehabilitation Act of 1973 (29 U.S.C. § ss. 794) ), and any other applicable state or local requirements; and (f) written evidence satisfactory to Administrative Agent that construction of the Improvements on the Land is permissible under all federal, state and local statutes, regulations and rulings protecting tidal and non-tidal wetlands and other environmentally protected areas.