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all times indemnify and save harmless the Lessor of, from and against <br />• any and all damages, remote as well as proximate, in anywise result- <br />ing from any non-performance or r_on-observance of the covenant and <br />agreement herein contained, for which the Lessor shall become, in <br />whole or in part, liable to be charged, and neither the Lessor's <br />knowledge or notice of any such nor-performance and non-observance, <br />nor its failure to notify its own employees thereof, nor its con- <br />tinued operation of ary said track, shall be in anywise deemed a <br />waiver of the foregoing covenant of indemnity or to relieve the <br />Lessee therefrom. <br />15, NOTICE: Any notice given by Lessor to Lessee shall be <br />deemed to be properly served if the same shall be mailed to Lessee, <br />United States mail postpaid, <br />16. ASSIGNMENT OR SU3LET^ING: Any assignment of this lease <br />or any subletting of the above described premises, without the written <br />consent of Lessor first had and obtained, shall be void and of no <br />effect whatsoever, and shall constitute a default under this lease, <br />17. DEFAULT: If default shall be made in any of the agree- <br />ments herein contained to be by the Lessee kept and performed, or if <br />Lessee shall abandon the leased premises, it shall be lawful for <br />• Lessor, with or without notice, to declare this lease ended, and to <br />re-enter said premises, either with or without process of law, and to <br />expel, remove and put out, using such force as may be necessary in <br />so doing, the Lessee or any other person occupying or being in or <br />upon the same and the said premises again to repossess and enjoy as <br />of its former estate. <br />18, CONSTRUCTION AND TEFuy?ivAT_ON CLAUSE: It is mutually <br />agreed that this lease is made upor. the express condition that Lessee <br />shall construct a building or plant to be used for the purpose set <br />forth in Section 3 of this lease, and it is further agreed that if <br />Lessee shall not have commenced construction of the same within one <br />(1) year from the date of this lease, then the Lessor, at its <br />option, may cancel this lease upon thirty (30) days' written notice <br />to the Lessee, The term "commence construction" as used herein <br />shall mean ccmpletion of the pouring of all foundations and com- <br />pletion of the floor slab of the building or plant. <br />It is agreed that any time said described tract of land <br />is not used for a continuous period of six (6) months, said Railroad Co, <br />may, at its election, terminate this lease upon giving the Lessee <br />thirty (30) days' written notice of such termination; rent shall be <br />paid by Lessee to date of termination fixed by said notice and if <br />• rent has been paid in advance, the proportionate amount for the un- <br />expired term shall be returned to the Lessee. <br />-6- <br />