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ARTICLE V
<br />MAINTENANCE; TAXES; INSURANCE; AND OTHER MATTERS
<br />Section 5.1. Maintenance, Utilities, Taxes and Assessments. Throughout the Term of
<br />this Lease Agreement, as part of the consideration for the rental of the Property, all
<br />improvement, repair and maintenance of the Property are the sole responsibility of the City,
<br />and the City will pay for or otherwise arrange for the payment of all utility services supplied to
<br />the Property, which may include, without limitation, janitor service, security, power, gas,
<br />telephone, light, heating, water and all other utility services, and shall pay for or otherwise
<br />arrange for the payment of the cost of the repair and replacement of the Property resulting
<br />from ordinary wear and tear or want of care on the part of the City or any assignee or
<br />sublessee thereof. In exchange for the Lease Payments herein provided, the Authority agrees to
<br />provide only the Property, as hereinbefore more specifically set forth. The City waives the
<br />benefits of subsections I and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of
<br />the California Civil Code, but such waiver does not limit any of the rights of the City under the
<br />terms of this Lease Agreement.
<br />The City will pay or cause to be paid all taxes and assessments of any type or nature, if
<br />any, charged to the Authority or the City affecting the Property or the respective interests or
<br />estates therein; provided that with respect to special assessments or other governmental
<br />charges that may lawfully be paid in installments over a period of years, the City is obligated
<br />to pay only such installments as are required to be paid during the Tenn of this Lease
<br />Agreement as and when the same become due.
<br />The City may, at the City's expense and in its name, in good faith contest any such
<br />taxes, assessments, utility and other charges and, in the event of any such contest, may permit
<br />the taxes, assessments or other charges so contested to remain unpaid during the period of
<br />such contest and any appeal therefrom unless the Authority shall notify the City that, in its
<br />reasonable opinion, by nonpayment of any such items the interest of the Authority in the
<br />Property will be materially endangered or the Property or any part thereof will be subject to
<br />loss or forfeiture, in which event the City will promptly pay such taxes, assessments or charges
<br />or provide the Authority with full security against any loss which may result from
<br />nonpayment, in form satisfactory to the Authority. The City shall promptly notify the
<br />Assignees of any tax, assessment, utility or other charge it elects to contest.
<br />Section 5.2. Modification of Property. The City has the right, at its own expense, to
<br />make additions, modifications and improvements to the Property or any portion thereof. All
<br />additions, modifications and improvements to the Property will thereafter comprise part of the
<br />Property and become subject to the provisions of this Lease Agreement. Such additions,
<br />modifications and improvements may not in any way damage the Property, or cause the
<br />Property to be used for purposes other than those authorized under the provisions of state and
<br />federal law; and the Property, upon completion of any additions, modifications and
<br />improvements made thereto under this Section, must be of a value which is not substantially
<br />less than the value thereof immediately prior to the making of such additions, modifications
<br />and improvements.
<br />Section 5.3. Public Liability Insurance. The City shall maintain or cause to be
<br />maintained throughout the Term of this Lease Agreement a standard comprehensive general
<br />liability insurance policy or policies in protection of the City, the Assignees and their respective
<br />members, officers, agents, employees and assigns. Said policy or policies shall provide for
<br />indemnification of said parties against direct or contingent loss or liability for damages for
<br />bodily and personal injury, death or property damage occasioned by reason of the operation of
<br />the Property. Such policy or policies must provide coverage with limits of at least $1,000,000
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