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4.3. Maintenance. <br />(a) PROJECT shall keep all improvements that from time to time may be erected or placed on the <br />premises in a state of good repair on a regular and ongoing basis consistent with the standards <br />of maintenance and repair of comparable facilities, reasonable wear and tear, obsolescence, acts <br />of God and loss by casualty (except to the extent PROJECT is required under this LEASE to <br />repair casualty damage) excepted. Upon termination of this LEASE, PROJECT shall deliver <br />up the Leased Premises then situated thereon in good condition, reasonable wear and tear, <br />obsolescence, acts of God and loss by casualty (except to the extent PROJECT is required under <br />this LEASE to repair casualty damage) excepted. <br />(b) With regard to casualty damage to the Theater, PROJECT shall, as soon as reasonably <br />practicable but in no event later than one hundred eighty (180) days after the date of a casualty, <br />commence the work of repair, reconstruction, and/or replacement of the damaged improvement. <br />Notwithstanding the foregoing sentence, if the casualty occurs after the twentieth (20t") LEASE <br />Year and the extent of damage to the Leased Premises is greater than thirty percent (30%) of <br />the then replacement value thereof (exclusive of the value of the land) PROJECT shall have the <br />option, within one hundred eighty (180) days from the date of the occurrence of such casualty <br />damage, to tenninate this LEASE by giving written notice of such termination to CITY within <br />said 180 -day period, in which event: this LEASE shall terminate as of the termination date <br />specified in such notice to CITY, which shall not be less than thirty (30) days after the date of <br />such notice; PROJECT shall not be required to repair the damage; all insurance proceeds <br />available as a result of such damage shall be paid to and be the property of CITY; and the Parties <br />shall have no further liability or obligations one to the other except as may be expressly provided <br />for herein. <br />4.4. Operational Rihts ._Revenue. <br />(a) PROJECT shall receive all revenues generated from and associated with the Grand Theater for <br />the duration of the LEASE. <br />(b) Subject to the tenns and provisions of this LEASE, PROJECT shall have full and exclusive <br />control of the management and operation of the Grand Theater, including all booking and <br />catering rights. During the tern of this LEASE, PROJECT shall have the sole right to grant <br />and enter into licenses, rights, subleases, management agreements, operating agreements and <br />any and all other agreements of any nature relating to the Leased Premises or the name thereof <br />on such terms as PROJECT deems appropriate, and PROJECT shall own all revenues of any <br />source generated by or from the Leased Premises or the operation or management or the name <br />thereof. <br />Use.. of Theater. Subject to availability, CITY shall have the right to reserve up to six (6) months <br />in advance the Theater's main performance hall and other smaller rooms. CITY shall be allowed to use the <br />performance hall one (1) time per calendar year and small meeting rooms up to six (6) times per calendar <br />year without paying any room rental fees; provided, however, CITY shall reimburse PROJECT for any <br />damages, and shall make every reasonable effort to use facilities on weekdays instead of weekend days. <br />6 <br />