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<br />4.02. The Lessor wi II use airport revenue funds to maintain the existing runways, taxiways, <br />and entrance roads on the Airport. The Lessor shall not be obligated to use general, <br />operating or bond funds for this maintenance. <br /> <br />Article 5. Construction of Hangar; Alterations and Fixtures <br /> <br />5.01. The Lessee shall construct an aircraft storage hangar (the "Hangar") on the Leased <br />Premises as depicted generally on the attached Exhibit "B". The construction shall be in <br />accordance with sealed plans for the complete project prepared by an architect or <br />structural engineer licensed or registered in the State of Texas. The plans must be <br />accompanied by the architect or engineer's estimated cost ofthe construction and the time <br />schedule for completion of the construction. The plans and the time schedule shall be <br />subject to approval by the City. <br /> <br />5.02. The Lessee shall substantially begin the construction ofthe Facilities within 90 days <br />of the date of this Lease, shall diligently and continuously pursue the construction to <br />completion, and shall fully complete the facilities within one year of the date of this Lease. <br />Any delay or lack of progress in the construction will constitute a default by the Lessee, <br />and will authorize the Lessor to pursue all remedies available to it as described in Article <br />11 of this Lease. <br /> <br />5.03. The Lessee shall not make any further alterations, additions, or improvements to the <br />Leased Premises without the advance written consent of Lessor. All improvements, <br />alterations, additions and fixtures which may be made or installed upon the Leased <br />Premises shall become the property of the Lessor and shall remain upon and be <br />surrendered with the Leased Premises at the termination of this Lease, unless the Lessor <br />requests their removal, in which event the Lessee shall remove them and restore the <br />Leased Premises at the Lessee's expense. <br /> <br />5.04. The Lessee may mortgage its leasehold interest in the Leased Premises for the <br />purpose of obtaining funding for the construction of the Hangar or other improvements on <br />the Leased Premises. The Lessee shall obtain the advance written consent of the Lessor <br />for each such mortgage. The Lessee shall ensure that no other lien or similar obligation <br />is imposed upon the Leased Premises for any alteration, repair, labor performed or <br />materials furnished to the Leased Premises, and the Lessee shall immediately discharge <br />any lien or charge after the lien occurs or charges become due and payable. In the event <br />the Lessee disputes the lien or obligation, however, the Lessee shall have the right to <br />promptly pursue settlement or litigation without paying the claim until the claim becomes <br />final and subject to no further appeal by the Lessee. The Lessee shall hold harmless, <br />indemnify and defend the Lessor, its officers, agents and employees from and against any <br />claims, demands or suits related to such mortgages, liens or obligations. <br /> <br />COSM Form 1/99 <br />