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for or on behalf of City, has made any representation, warranty or promise to Tenant concerning the
<br />physical aspects or condition of the Premises or improvements, the feasibility, desirability or
<br />convertibility of the Premises into any particular use, the conditions of the soil, ground water, or surface
<br />waters or the presence or absence of any toxic waste or hazardous substances or material, and that by
<br />entering into this Agreement has not relied on any representation, statement or warranty of City, or
<br />anyone acting for or on behalf of City, and that all matters concerning the Premises shall be independently
<br />verified by Tenant, and that Tenant shall rent the Premises on Tenant's own examination thereof, AND
<br />THAT TENANT IS LEASING THE PREMISES IN "AS IS" PHYSICAL CONDITION AND "AS IS"
<br />STATE OF REPAIR. Tenant hereby waives and City hereby disclaims all warranties of any or kind of
<br />description, including, without limitation, those of fitness for particular purpose, tenant ability,
<br />habitability and use. Tenant hereby expressly waives all claims for damages or for rescission or
<br />cancellation of the Agreement because of any representations made by City or by any agent of City.
<br />Tenant acknowledges that it has had sufficient time to conduct all inspections, reviews and studies of the
<br />Premises that Tenant may deem necessary. Tenant hereby expressly assumes the risk that adverse physical
<br />conditions and the full extent thereof, may not be revealed by Tenant's inspections, reviews and studies of
<br />the Premises.
<br />5_2 Maintenance of Premises. Throughout the term of this Agreement, Tenant shall, at
<br />Tenants sole cost and expense, maintain the Premises, clean, broom swept, fluid spills immediately
<br />contained, pick up and properly disposed; waste receptacles clean inside and out with liners; oils, paints,
<br />gasoline, lubricant containers, batteries properly stored off the floors, on shelves or in cabinets with
<br />approved containment and clean up products readily available, however, City shall maintain the structural
<br />components of the hangar, including doors and door mechanisms. Tenant hereby waives the provisions of
<br />California Civil Code Sections 1941 and 1942 with respect to City's obligations for tenant ability of the
<br />Premises and Tenant's right to make repairs.
<br />553 Alterations. Tenant shall not make any alterations to the Premises without City's
<br />prior written 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 of the
<br />term shall be affected by notice given at least thirty (30) days before the expiration date. A demand to take
<br />effect on any other termination of the Agreement shall be affected by notice given in or concurrently with
<br />notice of such termination or within sixty (60) days after such termination. Tenant shall comply with the
<br />notice before the expiration date for normal termination, and within thirty (30) days after the notice for
<br />other terminations.
<br />5.4 Utilities. Except for electrical services which shall be provided by City, Tenant
<br />shall be responsible for the payment of all costs for utility services to the Premises. City shall not be liable
<br />for 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
<br />assign or transfer, whether voluntarily, involuntarily or by operation of law, its interest in this Agreement
<br />or any part hereof. No such assignment or transfer shall be valid or binding. An attempted assignment or
<br />transfer shall be grounds for City's termination of this Agreement. As used in this Section 6, the tern
<br />"assignment" shall include a "more than 25% change in ownership of Tenant." A 'nore than 25% change
<br />in ownership of Tenant" shall mean, if Tenant is a corporation, the transfer of more than 25% of the
<br />voting stock of Tenant, or if Tenant is a general partnership, the transfer of the right to share in more than
<br />25% of the profits of such partnership; or, if Tenant is a limited partnership a transfer of more than 25% of
<br />the voting rights of the general partner thereof to individuals or entities which were not theretofore
<br />general partners of Tenant. In addition, the parking of aircraft not owned or under exclusively lease by
<br />Tenant in. the Premises shall constitute a sublease for purpose of this Article.
<br />7 INDEMNITY.
<br />7.1 Indemnity, "Tenant shall indemnify, hold harmless and defend City, its elected
<br />officials, 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 a
<br />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 eireumstances:
<br />7.1.1 Use of Premises. Use of the Premises or Airport in any manner by Tenant,
<br />its agents, employees, invitees, subtenants, licenses and contractors, and the agents, employees,
<br />patrons, contractors and invitees of Tenants and subtenants, including any use of the Premises or
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