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<br />of the public restroom and waiting facility no later than September 1, 2007. The public <br />waiting and restroom facility shall be self contained and available to the public pursuant to <br />the requirements of paragraph 1.03. Lessee shall diligently and continuously pursue the <br />construction to completion, and shall fully complete the public restroom and waiting room <br />facility within one year of the date of commencement of construction. Any delay or lack of <br />progress in the construction will constitute a default by the Lessee, and will authorize the <br />City to pursue all remedies available to it as described in Article 11 of this Lease. The <br />public restroom and waiting room are not eligible for credit towards advanced payment or <br />fixed rentals. <br /> <br />5.05 Upon completion Lessee shall dedicate all public improvements constructed <br />pursuant to paragraph 5.04 A and B to the City. <br /> <br />5.06. The Lessee shall not make any further alterations, additions, or improvements to the <br />Leased Premises without the prior written consent of City. All improvements, alterations, <br />additions and fixtures which may be made or installed upon the Leased Premises, <br />Fuel Tanks and fuel island shall become the property of the City and shall remain <br />upon and be surrendered with the Leased Premises upon any termination of this <br />Lease, unless the City requests their removal, in which event the Lessee shall <br />remove them and restore the Leased Premises, Fuel Storage Tanks and ramp at the <br />Lessee's expense. <br /> <br />5.07. The Lessee shall ensure that no lien or similar obligation is imposed upon the Leased <br />Premises for any alteration, repair, labor performed or materials furnished to the Leased <br />Premises, and the Lessee shall immediately discharge any lien or charge after the lien <br />occurs or charges become due and payable. In the event the Lessee disputes the lien or <br />obligation, however, the Lessee shall have the right to promptly pursue settlement or <br />litigation without paying the claim until the claim becomes final and subject to no further <br />appeal by the Lessee. The Lessee shall hold harmless, indemnify and defend the City, its <br />officers, agents and employees from and against any claims, demands or suits related to <br />such liens or obligations. <br /> <br />5.08. The Lessee shall not do any of the following without the City's prior written consent: <br />1) make any changes to the Facilities; 2) install any exterior lighting, shades or awnings, or <br />any exterior decorations or paintings on the Facilities; or 3) erect, install or change any <br />signs, window or door lettering, placards, decorations, or advertising media of any type <br />which can be viewed from the exterior of the Facilities. <br /> <br />Article 6. Utilities/Taxes <br /> <br />6.01. The Lessee shall promptly pay all charges for electricity, water, telephone service, <br />and other utilities furnished to the Leased Premises. <br /> <br />6.02. The City shall not be liable for any interruption or impairment whatsoever in utility <br />