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3.06. The City agrees that the Lessee shall have access to the runways, taxiways and ramps at the <br />Airport to the same extent as other Airport users. The City's failure to continue the use of the <br />Airport for airport and aviation purposes shall constitute a default. The Lessee may give notice to <br />the City of such a default, and if the City fails to cure the default within 30 days after receiving the <br />notice, this Lease shall terminate, and the Lessee shall vacate the Leased Premises within 120 <br />days after the date the City received the notice. Until the Lessee vacates the Leased Premises, the <br />normal rental fees shall accrue. The date the Lessee vacates the Leased Premises shall be the <br />date the Lessee is released from accruing further obligations under this Lease. <br />3.07. If for any reason, the City closes the Airport, the Lessee may relocate any buildings it may <br />have constructed to another location. Relocation of these buildings will take place within 120 days <br />of the notice to the Lessee of the Airport's closing. <br />Article 4. Maintenance and Repair of Premises <br />4.01. The Lessee shall maintain the Leased Premises in good, clean condition and shall make all <br />repairs to structures and improvements on the premises needed to maintain theirfunction, safety <br />and appearance. The Lesseeshall complywith all governmental laws, ordinancesand regulations <br />that apply to the Leased Premises, at their sole cost and expense. If the Lessee fail to make any <br />required repairs required within 30 days after written notice from the City, the City may make the <br />repairs without liability to the Lessee for any loss or damage which may result to the Lessee by <br />reason of the repairs, and the Lessee shall pay to the City the full cost of the repairs within 30 days <br />of the City's issuance of a written invoice to the Lessee. At the expiration of this Lease, the Lessee <br />shall surrender the Leased Premises in good condition, reasonable wear and tear excepted. <br />4.02. The City will use airport revenue funds to maintain the existing runways, taxiways, and <br />entrance roads on the Airport. The City shall not be obligated to use general, operating or bond <br />funds forthis maintenance. <br />Article 5. Construction of Hangar; Alterations and Fixtures <br />5.01. The Lessee shall construct an aircraft storage hangars (the "Hangars") on the Leased <br />Premises as depicted generally on the attached Exhibit B. The constructionshall be inaccordance <br />with sealed plans for the complete project prepared by an architect or structural engineer licensed <br />or 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 />5.02. The Lessee shall substantially begin the construction of the Hangars within 90 days of the <br />date of this Lease, shall diligently and continuously pursue the construction to completion, and shall <br />fully complete the facilities within one year of the date of this Lease. Any delay or lack of progress <br />in the construction will constitute a default by the Lessee, and will authorize the City to pursue all <br />remedies available to it as described in Article 11 of this Lease. <br />5.03. The purchase of materials for the construction of improvements is not subject to exemption of <br />any taxes. <br />COSM Form 1/99 3