Laserfiche WebLink
' 5 Lessee shall not plane or permit to be placed or to remain, any material, structure, pole or other obstruction <br />wrthrn S.5 feet laterally nl the center line or within 23 feet vertically from the tap of rail of any track located on <br />' or near said premises provided that d by statute or order of competent public authority greater Clearances shall <br />be required than those provided (or in Ihrs paragraph, then Lessee shall strictly comply with such statute or order. <br />' No building or structure erected on said premises shall have a swinging door or window opening towards <br />arty railroad track which, when open, w,ll restrict the clearance to less titan $.5 feet from the center line of such track. <br />Lessee shall not nor shall Lessee foster, sanction or permit others to operate any equipment. motor driven <br />' or otherwise, (or the put pose of serving Lessee, upon or across any railroad track located on or adjacent to the <br />demised premises except at established crossings. <br />1 Lessee agrees to indemnify and save harmless Lessor from all loss, damage. penalties. costs or judgments <br />that may bu assessed against or recovered from it on account of or in any manner arising or growing out of a violation <br />of the provisions of this paragraph 5. . <br />' 6. Lessee, at Lessee's sole costs and expense, shall install and maintain adequate facilities for fire protection <br />to all buildings and structures upon said premises. Lessee also, at Lessee's sole cost and expense, shall observe <br />' and comply with all the rules, regulations and orders of any duly constituted authority and of any board of fire <br />underwriters having jurisdiction of said premises and all provisions of arty fire insurance policy covering said premises. <br />t 7. Lessee shall not permit the existence of any nuisance on said premises; shall maintain and keep the same <br />' in proper, clean, safe and sanitary condition and free and clear of any explosive, flammable or combustible <br />material wf~ich would increase or tend to increase the risk of fire, except for such material as may be necessary to <br />Lessee's business; and, further, Lessee shall keep, observe and comply with all federal, state and local regulations, ordi- <br />nancesand laws, and with the regulations of any duly constituted legal authority having jurisdiction of the premises <br />' and at Lessee's sole cost shall make any and all improvements, alterations, repairs and additions and install all <br />appliances required on said premises by or under any such regulations, ordinances or laws. Lessee shall not place <br />or permit to be placed any advertising matter upon any part of said premises or upon any improvements thereon, <br />t except such as is necessary to advertise Lessee's own business. <br />8. Lessee. ar Lessee"s sole cost and expense, shall keep the premises hereby demised in good condition and <br />' shall make all repairs and renewals that from time to time may be necessary to keep any improvements which may <br />be located thereon in good condition and repair and ready and fit for occupancy, and on termination of this lease, <br />either by expiration of the term hereof or by cancellation, or otherwise, shall surrender said demised premises in a <br />' condition satisfactory to Lessor and shall fill and level all excavations and remove and level all obstructions above <br />ground at Lessee's sole cost and expense. In the event of Lessee's failure to do so, Lessor may do said work and Lessee <br />shall reimburse Lessor for the cost and expense thereof. <br /> <br /> <br />1 <br /> <br /> <br /> <br />9. la) It is understood by the parties that said premises are in dangerous proximity to the tracks of Lessor and <br />that property on said premises will be in danger of inlury or destruction by fire incident to the operation, maintenance <br />or improvement of the railway, and Lessee accepts this lease subject to such dangers. It is therefore agreed, as one of the <br />material considerations of this lease without which the same would not be granted, that Lessee assumes all risk of <br />bss, damage or destruction by hre to buddmgs or contents or to any other property brought upon or in proximity <br />to said premises by Lessee, or by any other person will, the consent or knowledge of Lessee, without regard to whether <br />such fire be the result of negligence or misconduct of any person rn the employ or service of Lessor or of defective <br />appliances, engines or machinery, except to the premises of Lessor and to rolling stock belonging to Lessor or to <br />others, and to shipments oi.third parties in the course of transportation. Lessee hereby indemnifies and agrees to protect <br />lessor Irum all such loss, dainaye or destruction to property, including claims and causes of action asserted against <br />Lessor by any ins ter of said property. ~ r <br />(b! Lessee also agrees to indemnify and hold harmless Lessor for loss, damage, injury or death from any <br />act or omiss,on of Lessee, Lessee's invitees, licensees, employees, or agents, to the person or property of the parties <br />hereto and their employees, and to the person or property of any other person or corporation while on or near said <br />premises: and it any claim or liability, other than from fire, shall arise from the joint or concurring negligence of <br />both parties hereto, it shall be borne bythem equally. <br />10. I[ is agreed that the provis,ons of paragraphs 5 and 9 are for the equal protection of any other ra~lroad <br />ompany or companies heretofore or hereafter grant ed the loins use of Lessor's property, of which said premises are a <br />art <br />11. (a) Without the written consent of Lessor, Lessee shall not assign this lease or any interest therein, or sublet, <br />rid no Heir, executor, administrator, receiver, master, sheriff, trustee in bankruptcy, or other assignee by operation of <br />aw shall assign or sublet without such written consent. <br />(b) In the event of assignment of this lease, Lessor, having no advice to the contrary, shall at such time <br />redo all unearned ren[af hereunder to the assignee. Any other disposition of unearned rental will be made by Le: sot <br />my upon the joint written request o1 bout Lessee and Lessee's assignee at the time of submitting said assignment <br />o Lessor for its consent. <br />