Sheet 2 of 3
<br />o[ the entire premise's. In the event that the premises hereby demised, or any part thereof, shall fie subjected to any spe-
<br />cial assessment for any public improvement or improvements, the rental herein reserved and stipulated to be paid by the
<br />Lesser shall be automatically increased by an amount equal to 6% per annum on the total amount of assessment; and in
<br />cese soy such special assessment is levied as a whole upon premises of which the premises herein demised are only a part,
<br />then and in such rase the rental herein reserved and elipulaled to be paid by the Lessee shall be automatinlly increased
<br />by ar, amount equal to 6% of that portion of the total amount of such assessment a's the value of the premises herein de-
<br />mised bears to the total value of the premises upon which such special essesement is levied.
<br />6. It is further agreed that either party may terminate this lease at any time aftew ....................................................
<br />upon giving the other party thirty (30) days' written notice of such termination; provided, however, that rent shell be paid
<br />by said Lessee to the date of termination fixed by said notice; and i[ rent has been paid in advance, the proportionate
<br />amount for the unexpired term shall be caromed to the lessee.
<br />If under the laws of the United States or any state in which these premises are located, public body or tribunal
<br />now F.as, or during the term of this lease shall have, the right to require the termination of this lease, then this lease may
<br />be terminated by such public body or tribunal in accordance with law.
<br />t3. And the Lessee further agrees to cause, during the continuance of this lease, the policies of fire insurance an the
<br />strucr ores of Lessee and the cements thereof whether the property of the Lessee or of others upon or about the demised
<br />prom lace and upon other properly of Lessee upon or about the demised premises or there located with the consent of Lessee
<br />to be so written that in the event of any destruction or damage by fire, no insurance company shall have receurse against
<br />the Railway Company.
<br />U. Upon the termination of this lease, by notice as aforesaid, or otherwise, the lessee shall at once remove from the
<br />premises all structures and property not belonging to the Railway Company and restore the demised premises to substan-
<br />tially their former state, and in rase of failure so to do the Railway Company may tear down or remove the same and
<br />restore said premises at the expense of the Lessee without any liability to damages therefor in any respect whatsoever.
<br />1' . IZ is understood that the movement of railroad locomotives and equipment and the operation of the Railway
<br />Company's railroad involves some risk of lire, and the Lessee hereby assumes all responsibility for, and agrees to indem-
<br />nify the Railway Company against, loss or damage to property of the Lessee or to property of others upon said premises,
<br />regarMess of railroad negligence, arising from fire caused by the operation of locomotives or railroad equipment, or the
<br />railroad, on or in the vicinity of said premises; but this assumption and indemnity shall not apply to property of the
<br />Railway Company, or to rolling stock of the Railway Company or others, or to shipments in the course of transportation.
<br />The Lessee also agrees fo indemnify and hold harmless the Railway Company against ail liabif ity, claims, or loss because
<br />of damage to or destruction of property of, or injury to or death of, all persons whomsoever, including the parties hereto
<br />and their emPloyrs. while on or in the vicinity of said premises, when caused by any act or omission of the Lessee, rta
<br />emldo>•es, or agents, and i[ any claim or liability other than from fire shall arise from the joint or concurring negligence
<br />of both parties hereto, it shall be borne by them equally.
<br />L L. In the event any part of said premises is used for the loading, unloading, storage, or other handling of any in-
<br />flammable liquids or petroleum products, Lessee shall observe and comply with all appliceble rules published from time to
<br />time by the Association o[ American Railroads or any successor agency relating thereto, and with all applicable laws and
<br />regulations of Stale and local governments regulating loading, unloading, storage and handling of inflammable liquids and
<br />the bending and grounding of railway tracks where such loading or unloading is performed, which laws, rules and regu-
<br />lalior.= are hereby made a part hereof as Cully as if written out herein. Lessee also agrees that such loading and un-
<br />loading shall be done only through dome openings on cars, and that the rails on which the cars stand shall be bonded
<br />and grounded to the piping system used in connection with such loading or unloading, and insulated mil joints installed
<br />where there is evidence of slmy electric currents, all at the expense oL Lessee, and in a manner satisfactory to the Rsil-
<br />wav Company. Lessee agrees to indemnify the Raiway Company against all loss or claims arising out o[ or resulting from
<br />(allure of Lessee to observe and comply with the provisions of any of said laws, rules or regulations, or the requiremeota
<br />of this paragraph.
<br />l?. The Lessee agrees that artificial lighting in pump houses, warehouses, nr other enclosures where oil or other in-
<br />flammable fluid supplies are handled or stored, except when in unbroken original containem, shall be by electricity, and
<br />all electrical installations on said premisre shall cen[orm to and be maintained in accordance with the provisions of the
<br />correct edition of the National Electrical Code with respect to Class I harardous locations, and also in accordance with
<br />requirements of all applicable local ordinances and SFate and Federal laws regulating eleclric>31 installations.
<br />13. The L,essce accepts said premises, fences and buildings and appurtenances in their existing elate without any
<br />wa rra sty, express or unplied, of their present or future fit, safe or habitable condition, and the Railway Company shall
<br />be under no obligation to repair or support the same or perform any duty in respect to the same imposed by common or
<br />statutory law or public authority.
<br />1=. Upon the failure of the Lessee to promptly pay the rank herein reserved as end when the same shall become due
<br />and p :yahle, or to faithfully perform any of the other covenants and agreements herein stipulated to be by said Lessee
<br />obsen'ed, the Railway Company may without demand or notice immediately or at any time thereafter enter into and upon
<br />said premises end repossess the same as of its former estate and expel the Lessee end those claiming under him and
<br />remove their effects (forcibly if necessary) without being guilty of trespass or subject to liability for damages and vdthout
<br />prejudice to any other remedies then existing in favor of the Railway Company.
<br />1:~. The Railway Company shall in addition have a lien for the rent herein reserved, for the entire lertn of this
<br />lease, upon all drops grown, improvements made, and pereonal property, including household goods exempt from execv-
<br />tion. o[ the said Lessee used or brought upon the said demised premises during the continuance of this lease.
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