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<br />4.02. The Lessor will use airport revenue funds to maintain the existing runways, taxiways, and <br />entrance roads on the Airport. The Lessor shall not be obligated to use general, operating or bond <br />funds for this maintenance. <br /> <br />Article 5. Construction of Facilities; Alterations and Fixtures <br /> <br />5.01. The Lessee shall construct the aviation business facilities (the "Facilities"), as depicted <br />generally on the attached Exhibit B, on the Leased Premises. The construction shall be in accordance <br />with sealed plans for the complete project prepared by an architect or structural engineer licensed or <br />registered in the State of Texas. The plans must be accompanied by the architect or engineer's <br />estimated cost of the construction and the time schedule for completion of the construction. The <br />plans and the time schedule shall be subject to approval by the City. <br /> <br />5.02. The Lessee shall substantially begin the construction of the Facilities within 90 days of the date <br />of this Lease, shall diligently and continuously pursue the construction to completion, and shall fully <br />complete the facilities within one year of the date of this Lease. Any delay or lack of progress in the <br />construction will constitute a default by the Lessee, and will authorize the Lessor to pursue all <br />remedies available to it as described in Article 11 of this Lease. <br /> <br />5.03. The Lessee will invest at least $200,000 in the construction of the Facilities on the Leased <br />Premises. The purchase of materials for the construction of improvements is not subject to exemption <br />for any taxes. <br /> <br />5.04. The Lessee shall not make any further alterations, additions, or improvements to the Leased <br />Premises without the prior written consent of Lessor. All improvements, alterations, additions <br />and fIXtures which may be made or installed upon the Leased Premises shall become the <br />property of the Lessor and shall remain upon and be surrendered with the Leased Premises <br />upon any termination of this Lease, unless the Lessor requests their removal, in which event <br />the Lessee shall remove them and restore the Leased Premises at the Lessee's expense. <br /> <br />5.05. The Lessee shall ensure that no lien or similar obligation is imposed upon the Leased Premises <br />for any alteration, repair, labor performed or materials furnished to the Leased Premises, and the <br />Lessee shall immediately discharge any lien Of charge after the lien occurs or charges become due and <br />payable. In the event the Lessee disputes the lien Of obligation, however, the Lessee shall have the <br />right to promptly pursue settlement or litigation without paying the claim until the claim becomes final <br />and subject to no further appeal by the Lessee. The Lessee shall hold harmless, indemnify and defend <br />the Lessor, its officers, agents and employees from and against any claims, demands or suits related <br />to such liens or obligations. <br /> <br />5.06. The Lessee shall not do any of the following without the Lessor's prior written consent: 1) <br />make any changes to the Facilities; 2) install any exterior lighting, shades or -awnings, or any exterior <br />decorations or paintings on the Facilities; or 3) erect, install or change any signs, window or door <br /> <br />COSM form 1/99 <br />