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the use and enjoyment of other portions of the Airport, and will be performed in accordance with
<br />all Hazardous Materials Laws. Upon the termination of this Agreement, Tenant shall surrender the
<br />Hangar to City free of any and all Hazardous Materials and in compliance with all Hazardous
<br />Materials Laws. This indemnification shall survive the termination or expiration of this Agreement.
<br />5.5 Billboards and Sians. Tenant shall not construct, install, maintain, nor allow upon
<br />the Hangar any billboards, signs, banners or like displays which may be placed in or upon any building or
<br />structure in such manner as to be visible from the outside thereof, except with the prior written consent of
<br />City.
<br />5.6 Waste: Nuisance. Tenant shall not use the Hangar in any manner that will
<br />constitute waste, nuisance or unreasonable annoyance to owners or occupants of adjacent properties.
<br />Tenant shall not use the Hangar for sleeping, washing clothes, cooking or the preparation of food,
<br />manufacture or mixing of anything that might emit any odor or objectionable noises or lights onto adjacent
<br />properties. Tenant shall not do anything on the Hangar that will cause damage to the Hangar.
<br />5.7 Access: Locks: Keys: Combinations: Tenant shall comply with all reasonable
<br />regulations and directives of City regarding access to the Hangar. City may enter the Hangar without
<br />permission of, or supervision by, Tenant for inspection or emergency purposes (i.e. lire, burglary, flooding,
<br />criminal activity, or other catastrophe) determined reasonably necessary by City or required by law,
<br />including but not limited to five-year fire sprinkler inspections, maintenance work that requires entrance by
<br />City, or any other reason to lawfully enter the Hangar. City shall subsequently notify Tenant of any entry
<br />for emergency purposes and the reason for the entry if the Tenant was unable to supervise such entry. City
<br />reserves the right to limit Tenant's access to the Airport or the Hangar, or both, due to any terrorist threat,
<br />civil unrest, any unsafe condition, or for the safety and protection of persons and property. City shall not
<br />be responsible for Tenant's inability to access the Airport or the Hangar due to events or acts beyond the
<br />control of City. Tenant shall utilize City furnished set of locks for securing the Hangar if available. If
<br />unavailable, Tenant shall furnish City's Airport Manager with a duplicate set of keys or lock combination
<br />for the locks securing the Hangar. City shall secure keys and lock combinations from access or exposure
<br />by unauthorized individuals and will notify Tenant immediately in the event of any compromise of keys
<br />and lock combinations. If utilizing City provided locks, the Tenant shall notify the City immediately in the
<br />event of any compromise of keys and lock combinations. The City shall only be liable to Tenant for damage
<br />resulting from gross negligence in accessing Hangar.
<br />5.8 Requests from Department. Tenant shall cooperate with any reasonable request
<br />from the City's Facilities & Community Services Department Director, or their designee, regarding use or
<br />operations at the Airport.
<br />6. MAINTENANCE, ALTERATIONS.
<br />6.1 As -Is Condition. Tenant hereby acknowledges that neither City nor anyone acting
<br />for or on behalf of City, has made any representation, warranty or promise to Tenant concerning the physical
<br />aspects or condition of the Hangar or improvements, the feasibility, desirability or convertibility of the
<br />Hangar into any particular use, the conditions of the soil, ground water, or surface waters or the presence
<br />or absence of any toxic waste or hazardous substances or material, and that by entering into this Agreement
<br />has not relied on any representation, statement or warranty of City, or anyone acting for or on behalf of
<br />City, and that all matters concerning the Hangar shall be independently verified by Tenant, and that Tenant
<br />shall rent the Hangar on Tenant's own examination thereof, AND THAT TENANT IS LEASING THE
<br />HANGAR IN "AS IS" PHYSICAL CONDITION AND "AS IS" STATE OF REPAIR. Tenant hereby
<br />waives and City hereby disclaims all warranties of any or kind of description, including, without limitation,
<br />those of fitness for particular purpose, tenant ability, habitability and use. Tenant hereby expressly waives
<br />HP Helicopters S1, S8 & N4 Lease agreement 5
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