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examination thereof, AND THAT TENANT IS LEASING THE PREMISES IN "AS IS" PHYSICAL CONDITION AND "AS IS" STATE OF REPAIR. Tenant hereby waives and City hereby disclaims all warranties of any or kind of description, including, without limitation, those of fitness for particular purpose, tenant ability, habitability and use. Tenant hereby expressly waives all claims for damages or for rescission or cancellation of the Agreement because of any representations made by City or by any agent of City. Tenant acknowledges that it has had sufficient time to conduct all inspections, reviews and studies of the Premises that Tenant may deem necessary. Tenant hereby expressly assumes the risk that adverse physical conditions and the full extent thereof, may not be revealed by Tenant's inspections, reviews and studies of the Premises. 5.2 Maintenance of Premises. Throughout the term of this Agreement, Tenant shall, at Tenant's sole cost and expense, maintain the Premises, clean, broom swept, fluid spills immediately contained, pick up and properly disposed; waste receptacles clean inside and out with liners; oils, paints, gasoline, lubricant containers, batteries properly stored off the floors, on shelves or in cabinets with approved containment and clean up products readily available, however, City shall maintain the structural components of the hangar, including doors and door mechanisms. Tenant hereby waives the provisions of California Civil Code Sections 1941 and 1942 with respect to City's obligations for tenant ability of the Premises and Tenant's right to make repairs. 5.3 Alterations. Tenant shall not make any alterations to the Premises without City's prior written consent. Any alterations made shall remain on and be surrendered at the expiration or sooner termination of the Agreement, provided, however, that City may, at City's sole election, demand the removal from the Premises of all fixtures and improvements or of certain fixtures or improvements or both as specified in the notice provided for below. A demand to take effect at the normal expiration of the term shall be affected by notice given at least thirty (30) days before the expiration date. A demand to take effect on any other termination of the Agreement shall be affected by notice given in or concurrently with notice of such termination or within sixty (60) days after such termination. Tenant shall comply with the notice before the expiration date for normal termination, and within thirty (30) days after the notice for other terminations. 5.4 Utilities. Except for electrical services which shall be provided by City, Tenant shall be responsible for the payment of all costs for utility services to the Premises. City shall not be liable for the failure to provide electrical services if it is prohibited from doing so by events or actions beyond its control. 6. PROHIBITION AGAINST ASSIGNMENT AND SUBLETING. Tenant shall not assign or transfer, whether voluntarily, involuntarily or by operation of law, its interest in this Agreement or any part hereof. No such assignment or transfer shall be valid or binding. An attempted assignment or transfer shall be grounds for City's termination of this Agreement. As used in this Section 6, the term "assignment" shall include a "more than 25% change in ownership of Tenant." A "more than 25% change in ownership of Tenant" shall mean, if Tenant is a corporation, the transfer of more than 25% of the voting stock of Tenant, or if Tenant is a general partnership, the transfer of the right to share in more than 25% of the profits of such partnership; or, if Tenant is a limited partnership a transfer of more than 25% of the voting rights of the general partner thereof to individuals or entities which were not theretofore general partners of Tenant. In addition, the parking of aircraft not owned or under exclusively lease by Tenant in the Premises shall constitute a sublease for purpose of this Article. Redlands Flying Club Hangar #13 5