UNION PACIFIC RAILROAD COMPANY - 1999

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PART II GENERAL LEASE TERMS 1. PREMISES AND TERM Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises for the tenancy shown in the Basic Lease Terms, subject to the terms and conditions as set forth in this Lease. 2. USE 2.1 Rioht to Terminate. Lessee shall have the right to terminate this Lease upon sixty (60) days notice; however, no refund of unearned rental in whole or in part will be due Lessee. Lessor shall have the right to terminate this Lease for railroad purposes only upon sixty (60) days notice to Lessee; however, a prorated refund of unearned rental will be due the Lessee for the first ten years of this Lease only. No refund for cost of improvements will be due the Lessee at any time. 2.2 Permitted Use. Lessee shall not use the Premises or any portion thereof for any use other than that stated in the Basic Lease Terms, and shall not make any alterations, improvements or additions thereto except as provided in Section 13 below. 2.3 Affec on Insurance. Lessee and its agents shall not do or permit anything to be done in or about the Premises nor bring nor keep anything in or about the Premises which will in any way increase the existing rate or affect any insurance upon the Premises, or cause a cancellation of any insurance policy covering the Premises or any part thereof, nor shall Lessee or its agents keep, use or sell or permit to be kept, used or sold in or about the Premises any articles which may be prohibited by a standard form policy of fire insurance. In the event the rate of any insurance upon the Premises or any part thereof is increased because of the acts or omissions by Lessee or its agents, Lessee shall pay the full cost of such increase; provided, however, that this provision shall in no event be deemed to constitute a waiver of Lessor's right to declare a default hereunder by reason of Lessee's failure to comply with the provisions of this Section 2 or any other rights or remedies of Lessor in connection with Lessee's failure to comply with provisions of this Section 2. Lessee shall forward to Lessor within three (3) days of receipt copies of any notices Lessee receives from its insurer(s) advising of changes in rates and/or cancellation. 2.4 Hazardous Materials. Lessee shall not use, generate, manufacture, produce, store, release, discharge, or dispose of, on, under or about the Premises, or transport to or from the Premises, any Hazardous Materials (defined below) or allow its agents or any other person or entity to do so. The term "Hazardous Materials" shall mean (i) those substances included within the definition of "hazardous substances," "hazardous materials," "toxic substances," or "solid waste" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. section 9601 et sec ., the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. sections 6901 et sec ., and the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et sec., and in the regulations promulgated pursuant to said laws; (ii) those substances listed in the United States Document 0011 Page 3 of 20