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commences or terminates on a day other than the first (1St) day of a month, all monthly rents and <br />fees payable by the Lessee for the first (1St) month under this Lease shall be prorated accordingly. <br />2.11. If the Lessee fails to pay any rent or any other sum payable to the Lessor under the terms of this <br />Lease when due, then interest at the maximum legal rate in the State of Texas shall accrue from <br />the date on which the maximum late charges described in section 2.05 have been incurred. <br />2.12. Lessee shall make available to City or Airport Manager within ten business days of any such <br />request such books and records necessary, as determined by the City, to verify amounts payable <br />under this Article. <br />ARTICLE 3: ADJUSTMENT IN RENT, CHARGES, AND FEES OR OTHER TERMS TO THIS <br />AGREEMENT <br />3.01. Except as otherwise provided for herein, during the Primary Term no change in any term or <br />condition of this Agreement will be effective, unless Lessor and Lessee each sign and deliver a <br />written instrument evidencing the change. Following the Expiration Date of the Primary Term, <br />Lessor may in its sole discretion make changes to this Agreement (including, without limitation, <br />changes regarding the amount of rent) without Lessee's consent or agreement; provided, however, <br />that such changes shall not be effective until the first day of the month next following the <br />expiration of thirty (30) days after the date Lessor gives notice of such changes to Lessee. <br />ARTICLE 4: USE AND CARE OF PREMISES <br />4.01. During the terms of this Lease or any renewal thereof, the Premises are to be used by Lessee <br />exclusively for aviation activities. The Lessee shall use the Leased Premises in good faith <br />continuously for this purpose throughout the term of this Lease. The Lessee will use good faith <br />efforts to ensure that the Leased Premises are occupied through the term of this Lease. Permitted <br />aviation activities include but are not limited to the following: <br />a. The storage and maintenance of vintage and /or unique aircraft; <br />b. Operation of an Aviation Exhibition hall; <br />c. Operation of a gift shop; <br />d. Conducting non - commercial meetings and social events; and <br />e. Operation of a fraternal organization. <br />The Leased Premises may not be used for any other purpose without the prior written consent of <br />Lessor. Any commercial use of the Leased Premises not expressly authorized under the terms of <br />this Lease shall be negotiated under separate contract with Lessor. Lessee shall not at any time <br />leave the Leased Premises vacant, but shall in good faith continuously, throughout the term of <br />this Lease, conduct on the Leased Premises the type of business described, and shall keep the <br />Leased Premises open to the public for business during reasonable business hours as established <br />by the Lessee in light of good business practices. <br />Page 5 of 20 <br />