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paid or provision made for such payment in accordance with the Lease Agreement, the term of <br />this Site and Facility Lease shall end. <br />Section 4. Advance Rental Payment. 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 />$ . The City and the Authority agree that by reason of the assignment of the Lease <br />Payments to the Assignees under and pursuant to the Assignment Agreements, the advance <br />rental 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, hozuever, 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 <br />Agreements, without the written consent of the City and the Assignees. If the City is in default <br />under the Lease Agreement, the Assignees (including their successors and assigns under the <br />Lease Agreement) may fully and freely assign and sublease the Property or any portion thereof, <br />subject to this Site and Facility Lease. <br />Section 8. Right of Entry. The City reserves the right for any of its duly authorized <br />representatives to enter upon the Property at any reasonable time to inspect the same or to <br />make 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 Assignees. <br />In the event of the occurrence of an Event of Default under the Lease Agreement, the <br />Authority and /or the Assignees may (i) exercise the remedies provided in the Lease <br />Agreement, (ii) use the Property for any lawful purpose, subject to any applicable legal <br />limitations or restrictions, and (iii) exercise all options provided herein. <br />Section 11. Quiet Enjoyment. The Authority, at all times during the term of this Site and <br />Facility Lease, shall peaceably and quietly have, hold and enjoy all of the Property subject to the <br />provisions of the Lease Agreement. <br />-2- <br />