UNION PACIFIC RAILROAD COMPANY - 1999

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is unacceptable to Lessor for any reason, Lessor may terminate this Lease. 3. CONDITION OF PREMISES Lessee acknowledges that neither Lessor nor any agent of Lessor has made any representation or warranty with respect to the condition of the Premises or with respect to the suitability of the same for the conduct of Lessee's business, nor has Lessor or any agent of Lessor agreed to undertake any modifcation, alteration or improvement to the Premises. Lessee further acknowledges that Lessee has independently investigated the Premises and is satisfied that the Premises are suitable for Lessee's intended use and that the Premises meet all governmental and quasi-governmental requirements for such intended use. By taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as of the date of such possession, subject to all applicable laws, covenants, conditions, restrictions, easements and other matters of public record and any rules and regulations from time to time promulgated by Lessor governing the use of the Premises. Lessee hereby warrants that Lessee is the lawful owner of all the right, title and interest in and to the improvements located upon the premises ("improvements" collectively includes, without limitation, all buildings, sheds, fences, paving, above or below ground tanks, and structures of any kind including, without limitation, any alterations or additions thereto). Lessee assumes all obligations tc maintain said improvements in good condition and to remove same, at the option of Lessor, upon termination of this Lease, in accordance with Section 19 hereof. 4. SUBTERRANEAN FACILITIES The absence of markers, monuments or maps indicating the presence of subterranean facilities within the Premises, whether belonging to Lessor or otherwise, does not constitute a warranty or representation by Lessor or its agents that none exist. Lessee accepts this Lease with full cognizance of the potential presence of such facilities within the Premises, acknowledging that the costs of Lessee's use of the Premises may increase by reason thereof, and acknowledging that the owner or owners thereof may have acquired the right to continue to maintain such facilities by the passage of time. 5. ADDITIONAL RENT All taxes, charges, costs and expenses which Lessee is required to pay under this Lease in addition to Base Rent, and all interest and charges that may accrue thereon in the event of Lessee's failure to pay the same and all damages, costs and expenses which Lessor may incur by reason of any default by Lessee hereunder, shall be deemed to be additional rent hereunder ("Additional Rent"). In the event of nonpayment by Lessee of any Additional Rent, Lessor shall have all the rights and remedies with respect thereto as Lessor has for the nonpayment of Base Rent. The term "Rentals" as used in this Lease shall mean the Base Rent and Additional Rent. All Rentals and other monies due under this Lease shall survive the termination of this Lease or the expiration of the Lease Term, as applicable ("Lease Termination"). Document 0011 Page 5 of 20