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quality of the materials used in accomplishing the same shall be in accordance with <br /> the reasonable standards of prudent operators of similar facilities. <br /> 4.6 Mechanics' Liens. Tenant shall not permit any mechanics', laborers', <br /> materialmen's or other liens to stand against any part of the Development Property for <br /> any unpaid labor, skill, material or equipment furnished or claimed to be furnished at <br /> the request of or for the account of Tenant in connection with any work in or about <br /> the Development. Tenant shall give notice to Landlord of the filing of any such lien <br /> within thirty (30) days of Tenant's receipt of it and shall cause it to be discharged <br /> within ninety (90) days of its filing, unless contested as permitted under Section 4.8. <br /> 4.7 Nondiscrimination: Restrictions on Use. Tenant covenants that during <br /> the Term, (i) it shall permit the Development to be used only for residential housing <br /> and may rent units in the Development only to persons who are 62 years of age or <br /> older, and (ii) it shall not discriminate upon the basis of race, color, creed, religion, <br /> ancestry, national origin or sex, affectional preference, disability, marital status or <br /> status with regard to public assistance, in the sale, lease, or rental or in the use or <br /> occupancy of the Development Property or any improvements erected or to be erected <br /> thereof, or any part thereof. <br /> 4.8 Contests. Subject to the provisions of Section 4.9, Tenant, at Tenant's <br /> expense, may contest by appropriate legal proceedings conducted in good faith and <br /> with reasonable diligence the amount, validity, or application, in whole or in part, of <br /> any Real Estate Tax or mechanic's lien referred to in Section 4.6, provided that <br /> (1) Tenant shall pay any amount in dispute prior to the forfeiture, <br /> sale or disturbance of Landlord's interest in any part of the <br /> Development, <br /> (2) upon final determination of any contest, Tenant shall <br /> immediately pay and satisfy any amount found to be due, together with <br /> costs, penalties and interest, and shall comply with any obligation of <br /> Tenant found to be controlling, <br /> (3) Tenant shall promptly give notice to Landlord of the <br /> commencement of and the final determination of any such contest, and <br /> (4) at Tenant's request, when required by law or where other good <br /> cause appears, Landlord shall join in any such contest on condition that <br /> Tenant shall hold harmless Landlord from and against any loss, cost, <br /> including reasonable attorneys' fees, or damage Landlord shall suffer <br /> by reason of such joinder. <br /> 4.9 Review of Taxes. Tenant shall have the right to contest real estate <br /> taxes, levied or proposed to be levied against the Development or any portion thereof. <br /> 4.10 Development Agreement. Tenant shalll perform all of its obligations <br /> under the Development Agreement in a timely manner. <br /> ARTICLE 5 <br />