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UNION PACIFIC RAILROAD COMPANY - 1999
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UNION PACIFIC RAILROAD COMPANY - 1999
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Last modified
1/3/2012 1:53:41 PM
Creation date
6/11/2007 2:02:58 PM
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Contracts
Company Name
UNION PACIFIC RAILROAD COMPANY
Contract #
A-1999-177
Agency
Public Works
Notes
Map - See file
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18. UTILITIES AND SERVICES <br />18.1 Services. Lessee shall pay during the Lease Term and prior to delinquency all <br />charges for water, gas, light, heat, power, electricity, telephone or other communication <br />service, janitorial service, trash pick-up, sewer and all other services supplied to or <br />consumed on the Premises (collectively, "Services") and all taxes, levies, fees or surcharges <br />therefor. Lessee shall be solely responsible for arranging for Services to be supplied to the <br />Premises and shall contract for all of the Services in Lessee's name prior to the Effective <br />Date. The Effective Date shall not be delayed by reason of any failure by Lessee to so <br />contract for Services. The lack or shortage of Services due to any cause whatsoever shall <br />not affect any obligation of Lessee under this Lease, and Lessee shall faithfully keep and <br />observe all the terms, conditions and covenants of this Lease and pay all Rentals due <br />hereunder, all without diminution, credit or deduction. <br />18.2 till Company Contract. If Lessor contracts with a utility company to provide <br />access for service to Lessee at the Premises for Lessee's sole use, Lessee shall pay to <br />Lessor all costs and expenses incurred by Lessor in connection with such contract (including, <br />without limitation, administrative costs). <br />19. SURRENDER OF PREMISES <br />Upon termination of this Lease, Lessee, without further notice, shall delive r up to Lessor possession <br />of the Premises. Lessee shall, to the satisfaction of Lessor, restore the Premises, including the soil <br />and ground water located beneath the Premises, subject to Section 13 above. Furthermore, Lessee, <br />shall remove any improvements (as defined in Section 3 hereof) unless Lessee obtains Lessor's <br />written authorization to leave said improvements upon the Premises (said authorization must be <br />executed by an officer of Lessor). In the event of such failure or refusal of Lessee to surrender <br />possession of the Premises, Lessor shall have the right to reenter the Premises and remove <br />therefrom Lessee or any other person, firm, or corporation claiming by, through, or under Lessee. <br />Upon the failure or refusal of Lessee to remove the improvements and all personal property from the <br />Premises and restore the Premises, at the option of Lessor, said improvements and personal <br />property shall become the sole property of Lessor and Lessor may retain any portion of the security <br />deposit to apply to restoration/releasing of the Premises or Lessor may remove the improvements <br />and any personal property at Lessee's expense and Lessee shall reimburse Lessor upon demand <br />for expenses of removal/restoration which exceed the security deposit. <br />Lessee hereby acknowledges that Lessee's covenant to remove improvements/personal property <br />upon termination or expiration of the Lease is integral to Lessors agreement to enter into this Lease. <br />20. LENDER'S AGREEMENT <br />Any assignment of Lessee's leasehold interest hereunder to a Lender as security for a loan shall be <br />subject to Lessors prior approval. If Lessor approves the assignment, Lessor, Lessee, and Lender <br />shall enter into Lessor's standard Lender's Agreement. In the event of such assignment, Lessee <br />shall pay to Lessor, as consideration therefor, all costs and expenses incurred by Lessor in <br />connection with such assignment. <br />Document 0011 <br />Page 12 of 20 <br />
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