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area immediately adjacent to the loading and storage facility. At such time that Lessee has <br />reclaimed the Jansen Facility, including the restoration of the 300 feet of removed track and has <br />otherwise fulfilled its obligations under this Agreement, Lessor shall re- convey title to the <br />Alternative Mainline, including all of the railroad track materials, to Lessee. <br />2.3 Right of First Refusal to Purchase Jansen Facility In the event Lessor elects to <br />sell the Jansen Facility during the term of this Agreement and any extensions thereof, Lessor <br />grants Lessee a right of first refusal to purchase the Jansen Facility. Lessee shall have the right <br />for a period of 120 days after it receives the offer made to Lessor to purchase the Jansen Facility <br />to elect to purchase the interest offered. To exercise its right to purchase the Jansen Facility, <br />Lessee shall provide written notice to Lessor. <br />2.4 Electric Power, Telephone Service and Utilities Lessee shall, at its sole cost and <br />expense, be responsible for all water, sewer and electricity used by it at the Jansen Facility and <br />for all charges for telephone service and other utilities incurred by it and shall maintain, at <br />Lessee's discretion, electric power, telephone service and such other utilities thereto. Upon <br />Lessor's request, at the expiration or termination of this Agreement, Lessee shall promptly assign <br />to Lessor any rights Lessee may have under any agreements that may exist between Lessee and <br />the power company or any other utility providing service to the Jansen Facility. Lessee shall not <br />permit any lien or encumbrance to be attached to the Jansen Facility. <br />2.5 Permits Lessee shall obtain the appropriate permits regarding Lessee's <br />operations at the Jansen Facility. <br />is 2 . 6 Compliance With Laws, Environmental Obligations Lessee covenants and <br />agrees that in connection with its operations and related activities at the Jansen Facility under <br />this Agreement it will comply with any and all federal, state and local laws now enacted or <br />which may be hereinafter enacted and any and all rules, regulations and orders promulgated <br />thereunder governing Lessee's operations on or with respect to the Jansen Facility. In addition to <br />all other obligations of Lessee set forth elsewhere in this Agreement, Lessee hereby agrees to <br />indemnify, defend and hold Lessor and other assigns of Lessor harmless from and against all <br />liability in any way arising out of, connected with or related to the non - compliance by Lessee <br />with any law, rules, regulation or order governing Lessee's operations on or with respect to the <br />Jansen Facility. Copies of all permits, inspection reports, notices to comply, compliance, non- <br />compliance or other orders issued by any governmental authority shall, upon request, be made <br />available by Lessee to Lessor for inspection and copying. It is expressly understood and agreed <br />that the covenants, obligations and agreements of Lessee as provided in this Section 2.6 shall <br />survive the cancellation, forfeiture, expiration or termination of this Agreement. <br />2.7 Maintenance During the term of this Agreement, Lessee shall at its sole cost and <br />expense, maintain the railroad track in such a condition that will, at a minimum, meet the Federal <br />Railway Administration Track Safety Standards for Class 2 track, as provided in Title 49 CFR <br />Part 213. Such maintenance shall include weed control and the annual installation of a minimum <br />of two hundred (200) new prime 7 x 9 x 8'6" hardwood (oak and mixed hardwoods) ties. No rail <br />that is a part of the track shall be replaced with other than new 115# rail without prior written <br />4 <br />• <br />