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SECTION 5. Owner in Fee. <br /> <br /> The City covenants that it is the owner in fee of <br />the Demised Premises, as described in Exhibit A hereto, except <br />that, as to Parcel of the Demised Premises, the City <br />covenants that it is presently in possession of such parcel <br />pursuant to a writ of immediate possession in the condemnation <br />action entitled City of Pleasanton vs. , Alameda <br />County Superior Court No. and further except that, as to <br />Parcel of the Demised Premises, the City covenants that it <br />is presently in possession of such parcel pursuant to a writ <br />of immediate possession in the condemnation action entitled <br />City of Pleasanton vs. , Alameda County Superior <br />Court No. The City further covenants that it will <br />diligently prosecute said actions to completion and will take <br />all necessary action to obtain full legal title to said <br />parcels. <br /> <br /> SECTION 6. Assignments and Subleases. <br /> <br /> Unless the City shall be in default under the <br />Facility Lease, the Corporation may not assign its rights <br />under this lease or sublet the Demised Premises, except <br />pursuant to the Trust Agreement, without the written consent <br />of the City. <br /> <br /> SECTION 7. Right of Entry. <br /> <br /> The City reserves the right for any of its duly <br />authorized representatives to enter upon the Demised Premises <br />at any reasonable time to inspect the same or to make any <br />repairs, improvements or changes necessary for the <br />preservation thereof. <br /> <br /> SECTION 8. Termination. <br /> <br /> The Corporation agrees, upon the termination of this <br />lease, to quit and surrender the Demised Premises in the same <br />good order and condition as the same were in at the time of <br />commencement of the term hereunder, reasonable wear and tear <br />excepted, and agrees that any permanent improvements and <br />structures existing upon the Demised Premises at the time of <br />the termination of this lease shall remain thereon and title <br />thereto shall vest in the City. <br /> <br /> Upon the exercise of the option to purchase set <br />forth in Section 24 of the Facility Lease and upon payment of <br />the option price required by said section, the term of this <br />lease shall terminate as to the portion of the Demised <br />Premises upon which the part of Capital Project I being so <br />purchased is situated. <br /> <br /> 3 <br /> 1454S <br /> <br /> <br />