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I N S E R T
<br /> 21. In the event Railroad enters into an agreement with a utility company providing service to
<br /> Lessee at the leased premises for Lessee's sole use, Lessee shall pay to Railroad a charge of Two
<br /> Hundred Twenty -five Dollars ($225) upon receipt of bill therefor to partially defray administrative costs.
<br /> 22. Absence of markers does not constitute a warranty by Railroad of no subsurface installations.
<br /> 23. Lessee shall, at its expense, comply with all applicable laws, regulations, rules and orders,
<br /> regardless of when they become or became effective, including without limitation those relating to
<br /> health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish
<br /> satisfactory evidence of such compliance upon request of Railroad.
<br /> Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the
<br /> leased premises due to Lessee's use and occupancy thereof, Lessee, at its expense, shall be obligated
<br /> to clean the premises to the satisfaction of Railroad and any governmental body having jurisdiction
<br /> thereover.
<br /> Lessee agrees to indemnify, hold harmless and defend Railroad against all liability, cost and
<br /> expense (including without limitation any fines, penalties, judgments, litigation costs and attorneys' fees)
<br /> incurred by Railroad as a result of Lessee's breach of this Section 23, or as a result of any such
<br /> discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense
<br /> arises during or after the lease term, unless such liability, cost or expense is proximately caused solely
<br /> by the active negligence of Railroad.
<br /> Lessee shall pay all amounts due Railroad under this Section 23, as additional rent, within ten
<br /> (10) days after any such amounts become due.
<br /> 24. Lessee shall not be permitted to sell or hypothecate any of its fixed improvements upon the
<br /> leased premises without first obtaining Railroad's written consent therefor.
<br /> 25. Notwithstanding anything to the contrary above or elsewhere in this lease, if improvements
<br /> on the leased premises other than those which are owned by Railroad are not removed and premises
<br /> restored prior to termination date, either by Lessee or by Railroad at Lessee's expense, then this lease,
<br /> with all terms contained herein, including the payment of rental, may, at Railroad's option, remain in
<br /> effect until improvements are removed and premises restored.
<br /> 26. Should Lessee hold over the term of this lease, or any extensions thereto, as herein provided,
<br /> Railroad, without prior notice to Lessee, shall revise the rental then in effect based on the "CPI Factor,"
<br /> which is defined herein as that percentage of adjustment or fluctuation to the nearest one -tenth of one
<br /> percent established during the twelve -month period immediately preceding the date the revised rental
<br /> is to commence, as stated in the Consumer Price Index, Urban Wage Earners and Clerical Workers, U.
<br /> S. City Average, All Items (1967 100), published by the United States Department of Labor, Bureau
<br /> of Labor Statistics, or any successor or substitute index published as a replacement for that Index by
<br /> said Department or by any other United States governmental agency. Such rental shall be automatically
<br /> revised on the date immediately following the expiration date of the term of this lease, or any extensions
<br /> thereto, and on the same date each year thereafter, unless the rental is subsequently increased for any
<br /> reason during the twelve -month period immediately preceding the anniversary date of the last CPI -based
<br /> revision, in which case the next CPI -based revision may be deferred to the next anniversary date where
<br /> no intervening rental increase occurred within said twelve -month period. If, for any reason, the rental
<br /> is not revised at such time as herein specified, the rental shall continue to be subject to revision by
<br /> Railroad without prior notice to Lessee and, when so revised, may be retroactive to the date the revised
<br /> rental should have become effective.
<br /> Notwithstanding the above, Railroad, at any time during such holdover period, may, upon thirty
<br /> (30) days' advance written notice to Lessee, revise the rental then in effect to the fair rental value of
<br /> the premises at the time of such revision.
<br /> Nothing in this section shall be construed as extending the term of this lease or as waiving in
<br /> any way Railroad's statutory right to terminate at any time during such holdover period.
<br /> FORM 15-C
<br /> Inn Pnoo 1 of Tncert
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