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payment, but in no event later than July 15, 2021. If, prior to July 15, 2018, all Lease Payments <br /> shall be fully paid or provision made for such payment in accordance with the Lease Agreement, <br /> the term of this Site and Facility Lease shall end. <br /> Section 4. Advance Rental Pa,��me,nt. The City agrees to lease the Property to the <br /> Authority in consideration of the payment by the Authority of an advance rental payment of <br /> $3,360,000. The City and the Authority agree that by reason of the assignment of the Lease <br /> Payments to the Assignee under and pursuant to the Assignment Agreement, the advance rental <br /> payment referenced in the preceding sentence shall be deemed to have been paid. <br /> Section 5. Purpose. The Authority shall use the Property solely for the purpose of leasing <br /> the Property to the City pursuant to the Lease Agreement and for such purposes as may be <br /> incidental thereto;provided, however, that in the event of default by the City under the Lease <br /> Agreement, the Authority and its assigns may exercise the remedies provided in the Lease <br /> Agreement. <br /> Section 6. City's Interest in the Property. The City covenants that it is the owner in fee of <br /> the Property. <br /> Section 7. Assignments and Subleases. Unless the City shall be in default under the <br /> Lease Agreement, the Authority may not assign its rights under this Site and Facility Lease or <br /> sublet the Property, except as provided in the Lease Agreement and the Assignment Agreement, <br /> without the written consent of the City and the Assignee. If the City is in default under the Lease <br /> Agreement, the Assignee (including its successors and assigns under the Lease Agreement) may <br /> fully and freely assign and sublease the Property or any portion thereof, subject to this Site and <br /> Facility Lease. <br /> Section 8. Ri�ht of Entrv. The City reserves the right for any of its duly authorized <br /> representatives to enter upon the Property at any reasonable tirne to inspect the same or to make <br /> any repairs,improvements or changes necessary for the preservation thereof. <br /> Section 9. Termination. The Authority agrees, upon the termination of this Site and <br /> Facility Lease, to quit and surrender the Property in the same good order and condition as the <br /> same were in at the time of commencement of the term hereunder, reasonable wear and tear <br /> excepted, and agrees that any permanent improvements and structures existing upon the Site at <br /> the time of the termination of,this Site and Facility Lease shall remain thereon and title thereto <br /> shall vest in the City. <br /> Section 10. Default. In the event the Authority shall be in default in the performance of <br /> any obligation on its part to be performed under the terms of this Site and Facility Lease, which <br /> default continues for thirty (30) days following notice and demand for correction thereof to the <br /> Authority, the City may exercise any and all remedies granted by law, except that no merger of <br /> this Site and Facility Lease and of the Lease Agreement shall be deemed to occur as a result <br /> thereof and the City shall have no right to terminate this Site and Facility Lease as a remedy for <br /> such default. Notwithstanding the foregoing, so long as the Lease Agreement remains in effect, <br /> the City will continue to pay the Lease Payments to the Assignee. <br /> -2- <br /> 338806_2.doc <br />