UNION PACIFIC RAILROAD COMPANY - 1999

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or other casualty as to render it unfit for occupation or use and cannot, in Lessor's sole opinion, be restored within said ninety~ay period, then Lessee shall have the option, to be exercised within thirty (30) days after occurrence thereof, to either repair or restore the damaged improvement (in which event the terms of the foregoing paragraph shall apply with respect to the application of insurance proceeds), or terminate this Lease effective as of the date of the casualty. The option to terminate, however, shall be subject to all applicable provisions of Section 19 hereof and shall be conditioned upon (a) Lessee's removing from the Premises the damaged improvement, including all appurtenant structures thereto, and all debris resulting from such f re or other casualty, (b) Lessee's paying to Lessor in advance any Rental accruing hereunder to the date of termination, and (c) Lessee's paying to Lessor all unpaid taxes and assessments that may have become a lien against the Premises at the time of such damage or destruction. In the event of such termination, Lessor shall assign to Lessee its interest in all insurance policies covering the improvements and all proceeds therefrom but only after Lessee shall have fully complied with the conditions of termination as stipulated in this paragraph and in Section 19 hereof. Lessor and Lessee hereby waive the provisions of any statutes which relate to termination of leases when leased property is destroyed and agree that such event shall be governed by the terms of this Lease. 76. MAINTENANCE AND REPAIR Lessee, at Lessee's expense and to Lessors satisfaction, shall keep and maintain the Premises and all improvements thereon in good repair and in a neat and satisfactory condition, and shall promptly make all repairs and replacements, at Lessee's sole cost and expense, that may become necessary to the Premises or improvements thereon, whether structural or nonstructural, ordinary or extraordi- nary, subject to Section 15 above. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessors expense (or deduct the cost of such repairs from Rentals due herein) or to terminate this Lease because of Lessor's failure to keep the Premises in good and sanitary order. All notices and signs upon the Premises shall be neat and properly maintained. Lessor shall have the right to enter the Premises at all reasonable times to inspect the same. 17. BARRICADES In addition to any barricades, fences or gates which may be specified elsewhere in this Lease, Lessee, is requested by Lessor to install and maintain an eight foot high cyclone type fence satisfactory to Lessor between the Premises and the tracks while this Lease is in effect, all at Lessee's expense and to Lessor's satisfaction. Document 0011 Page 11 of 20