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any agent of City Tenant acknowledges that it has had sufficient time to conduct all inspections, <br />reviews and studies of the Premises that Tenant may deem necessary Tenant hereby expressly <br />assumes the risk that adverse physical conditions and the full extent thereof, may not be revealed by <br />Tenant's inspections, reviews and studies of the Premises <br />5.2 Maintenance of Premises. Throughout the term of this Agreement, Tenant shall, at Tenant's <br />sole cost and expense, maintain the Premises in first class condition and repair, provided, however, <br />that City shall maintain the structural components of the hangar, including doors and door <br />mechanisms Tenant hereby waives the provisions of California Civil Code Sections 1941 and 1942 <br />with respect to City's obligations for tenantability of the Premises and Tenant's right to make repairs <br />5.3 Alterations. Tenant shall not make any alterations to the Premises without City's prior written <br />consent Any alterations made shall remain on and be surrendered at the expiration or sooner <br />termination of the Agreement, provided, however, that City may, at City's sole election, demand the <br />removal from the Premises of all fixtures and improvements or of certain fixtures or improvements or <br />both as specified in the notice provided for below A demand to take effect at the normal expiration <br />of the term shall be effected by notice given at least thirty (30) days before the expiration date A <br />demand to take effect on any other termination of the Agreement shall be effected by notice given in <br />or concurrently with notice of such termination or within sixty (60) days after such termination <br />Tenant shall comply with the notice before the expiration date for normal termination, and within <br />thirty (30) days after the notice for other terminations <br />5 4 Utilities Except for electrical services which shall be provided by City, Tenant shall be <br />responsible for the payment of all costs for utility services to the Premises City shall not be liable for <br />the failure to provide electrical services if it is prohibited from doing so by events or actions beyond <br />its control <br />6 PROHIBITION AGAINST ASSIGNMENT AND SUBLETING Tenant shall not assign or <br />transfer, whether voluntarily, involuntarily or by operation of law, its interest in this Agreement or <br />any part hereof No such assignment or transfer shall be valid or binding An attempted assignment <br />of transfer shall be grounds for City's termination of this Agreement As used in this Section 6, the <br />term "assignment" shall include a "more than 25% change in ownership of Tenant " A "more than <br />25% change in ownership of Tenant" shall mean, if Tenant is a corporation, the transfer of more than <br />25% of the voting stock of Tenant, or if Tenant is a general partnership, the transfer of the right to <br />share in more than 25% of the profits of such partnership, ot, if Tenant is a limited partnership a <br />transfer of more than 25% of the voting tights of the general partner thereof to individuals or entities <br />which were not theretofore general partners of Tenant In addition, the parking of aircraft not owned <br />or under exclusively lease by Tenant in the Premises shall constitute a sublease for purpose of this <br />Article <br />7 INDEMNITY <br />7.1 Indemnity. Tenant shall indemnify, hold harmless and defend City, its elected officials, <br />officers and employees, from and against any and all actions, claims, damages, disabilities or <br />expenses including, without limitation, attorneys' fees (including fees for use of in-house counsel by <br />a Party), witness costs and court costs that may be asserted by any person or entity, including Tenant, <br />arising out of or in connection with any of the following circumstances <br />5 <br />