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All Monthly Minimum Rentals paid hereunder shall be recoupable from Rental payments <br />otherwise due herein during any calendar year. <br />4, late Payments. If the Lessee does not pay payment(s) when due and payable <br />hereunder, then the Lessee shall pay interest to Lessor on any late payment(s) of Rental, Monthly <br />Minimum Rental and any other payment which Lessee is required to make hereunder at the rate <br />of one and one-half percent (1Y: %) per month, or the highest interest rate permitted by <br />applicable law, whichever is smaller. To the extent chat interest is paid in excess of that permitted <br />by applicable law, Lessor agrees to refund the excess upon notification by Lessee. Interest on <br />any late payment(s) shall be due and payable ten (10) days from the date of any statement or <br />invoice therefore. <br />5. New Elk Facil Imarovements. Maintenance. and Repairs and Option. The <br />Lessee shall install truck scales, scale house and related facilities at the New Elk Facility capable <br />of weighing tractor frailers. In addition, the Lessee shall have the right to make additional <br />improvements and/or expansions to the New Elk Facility. All such improvements and/or <br />expansion to be at Lessee's sole cost and expense. All such improvements and/or expansions <br />shall remain the property of Lessee artd be subject to liens and encumbrances as may be <br />reasonably required by Lessee's lenders. Lessee shall be responsible for the maintenance and <br />repairs at the New Elk Facility during the Term, at its sole cost and expense. Lessee shall keep <br />the New Elk Facility in good operational condition, reasonable wear and tear excepted. <br />Upon termination of this Agreement, Lessor shall have the option to relieve Lessee of its <br />bond obligations by re-acquiring the Facility and the rights and obligations of the permits and <br />bonds. Unless Lessor exercises its Option to re-acquire the Facility, Lessee shall, prior to <br />termination of this Agreement, reclaim all areas of the New Elk Facility that it has used or leased <br />hereunder in compliance with all state and federal regulations. Lessors' failure to exercise its <br />option hereunder shall entitle Lessee to dismantle and remove alt equipment, structures, fixtures <br />and machinery located at the Facility. <br />L~ <br /> <br />