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ARTICLE 4: MAINTENANCE AND REPAIR OF PREMISES
<br />4.01Lessee Obligations. So long as the FBO Space continues to be designated by Lessor as a city-
<br />owned, public terminal, Lessee shall, at its sole cost and expense, perform day-to-day repair and
<br />maintenance of the interior of the FBO Space, keeping the same in a safe condition and good state
<br />of repair, including, without limitation, items such as light bulbs and bathroom supplies, if
<br />applicable, and heating and ventilation equipment; provided, Lessor, and not Lessee, shall be
<br />responsible for Major Repairs (as defined below) to the FBO Space. In addition, from and after
<br />the Effective Date, Lessee shall (a) maintain the flower beds outside of the FBO Space, (b) be
<br />responsible for janitorial and pest control services interior of the FBO Space, (c) be responsible
<br />for fire alarm monitoring with respect to the FBO Space, and (d) maintain andrepair the Fuel
<br />Facilities and Self Service Facility (exclusive of any property or improvements located below the
<br />surface of the Leased Premises \[the “Subsurface Property”\]) in a safe condition and good state of
<br />repair in accordance with Air Transport Association of America, Inc., ATA Specification 103
<br />(Standards for Jet Fuel Quality Control at Airports), and shall conduct annual inspections of the
<br />same, with copies of the inspection reports to be delivered to Lessor annually; provided, in no
<br />event shall Lessee be responsible for (i) Major Repairs to the Fuel Facilities, (ii) the compliance
<br />of Subsurface Property with Applicable Laws, (iii) the replacement of any exterior sidewalk, or
<br />(iv) the cost of maintenance, repair and/or replacement occasioned by the gross negligence or
<br />willful misconduct of Lessor or any person or entity claiming by or through Lessor. Subject to
<br />the foregoing and Section 6.01, Lessee shall keep all fixtures constructed or installed on the
<br />Leased Premises by Lessee (collectively, the “Improvements”), in good condition and repair. In
<br />addition, Lessee shall be responsible for the cost of repair and/or replacement directly attributable
<br />to the gross negligence or willful misconduct of Lessee, its employees, sublessees,
<br />concessionaires, contractors, licensees and invitees. Lessee shall accomplish all repairs and
<br />maintenance for which it is responsible routinely and, in all events, within thirty (30) days of
<br />receipt of written notice from Lessor. If, within such thirty (30) day period,Lessee fails to make
<br />any necessary repairs or perform any other necessary repair and/or maintenance for which Lessee
<br />is responsible, Lessor may, as a result of such failure, perform or have such repairs or
<br />maintenance performed and notify Lessee of the same, together with evidence of the cost thereof,
<br />and the actual, reasonable cost of such work shall be payable by Lessee within thirty (30) days of
<br />Lessee’s receipt of such notice. As used herein, “Major Repairs” means and refers to any
<br />required repair, maintenance or replacement which costs in excess of $5,000.00.
<br />4.02Lessor’s Right of Access. When no state of emergency exists and subject to compliance with
<br />Applicable Laws, Lessor and Airport Management, acting by and through their authorized
<br />representatives,shall have the right to enter the Leased Premises following notice to Lessee
<br />during Lessee’s regular business hours for the purpose of (i) determining whether the Leased
<br />Premises are in good condition and repair, or (ii) performing any maintenance or repairs for
<br />which Lessor is responsible under this Lease. In an emergency and subject to compliance with
<br />Applicable Laws, Lessor and Airport Management, acting by and through their authorized
<br />representatives, may enter the Leased Premises at any time and without prior notice to Lessee
<br />(but written notice of entry and the time and reason therefor, together with the names and contact
<br />information of each individual who entered without notice, shall be provided by Airport
<br />Management to Lessee within twenty-four \[24\] hours of any such entry). Lessor and Airport
<br />Management shall minimize disruption to Lessee and operations at the Leased Premises resulting
<br />from any access thereto by Lessor or Airport Management.
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