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ARTICLE VI
<br />General Matters
<br />Section 6.1. Use; Permits. The City shall exercise due care in the use, operation and maintenance of
<br />the Site and Facilities, and shall not use, operate or maintain the Site and Facilities improperly, carelessly, in
<br />violation of any State and Federal Law or for a purpose or in a manner contrary to that contemplated by this
<br />Lease. The City shall obtain or cause to be obtained all permits and licenses necessary for the operation,
<br />possession and use of the Site and Facilities. The City shall comply with all State and Federal Laws
<br />applicable to the operation, possession and use of the Site and Facilities, and if compliance with any such
<br />State and Federal Law requires changes or additions to be made to the Site and Facilities, such changes or
<br />additions shall be made by the City at its expense.
<br />Section 6.2. Maintenance and Modification of Facilities by the City.
<br />(a) During the Term of Lease the City shall, at its own expense, maintain, preserve and keep the
<br />Site and the Facilities in good repair, working order and condition, and shall from time to time make all
<br />repairs, replacements and improvements necessary to keep the Site and the Facilities in such condition. The
<br />Authority shall have no responsibility for any of these repairs, replacements or improvements. In addition,
<br />the City shall, at its own expense, have the right to remodel the Facilities or to make additions, modifications
<br />and improvements thereto. All such additions, modifications and improvements shall thereafter comprise
<br />part of the Facilities and be subject to the provisions of this Lease. Such additions, modifications and
<br />improvements shall not in any way damage the Facilities; and the Facilities, upon completion of any
<br />additions, modifications and improvements made pursuant to this Section, shall be of a value not less than the
<br />value of the Facilities immediately prior to the making of such additions, modifications and improvements.
<br />Any property for which a substitution or replacement is made pursuant to this Section may be disposed of by
<br />the City in such manner and on such terms as are determined by the City. The City will not peunit any
<br />mechanic's or other lien to be established or remain against the Site and Facilities for labor or materials
<br />furnished in connection with any remodeling, additions, modifications, improvements, repairs, renewals or
<br />replacements made by the City pursuant to this Section; provided that if any such lien is established and the
<br />City shall first notify the Authority of the City's intention to do so, the City may in good faith contest any lien
<br />filed or established against the Site or the Facilities, and in such event may permit the items so contested to
<br />remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless the
<br />Authority shall notify the City that, in the opinion of Independent Counsel, by nonpayment of any such item
<br />the interest of the Authority in the Site or the Facilities will be materially endangered or the Site or the
<br />Facilities or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay
<br />and cause to be satisfied and discharged all such unpaid items or provide the Authority with full security
<br />against any such loss or forfeiture, in form satisfactory to the Authority. The Authority will cooperate fully
<br />with the City in any such contest, upon the request and at the expense of the City.
<br />(b) In the event the Authority becomes aware of any condition on the Site or in the Facilities
<br />which, in the reasonable opinion of the Authority, creates a risk to the health and safety of any users of the
<br />Facilities or creates a risk of significant deterioration of the Facilities if not corrected, the Authority may, but
<br />shall be under no obligation to, notify the City of such condition and request that it be cured as promptly as is
<br />reasonably possible. In the event the City does not promptly cure such condition, the Authority may, but
<br />shall be under no obligation to, take reasonable steps to correct such condition. In such event, the cost to the
<br />Authority and interest thereon at the highest rate specified in any Bond until paid will be charged to the City
<br />as an Additional Lease Payment.
<br />460515v2 JAE LN140-112
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