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DO NOT RECORD <br />not derogate from the provisions for indemnification of Licensor by Licensee under the <br />Agreement. Licensor or its representatives shall at all times have the right to demand the <br />original or a copy of all these policies of insurance, which Licensee shall provide within <br />fifteen (15) days of Licensor's request. <br />ARTICLE 5 -TERMINATION AND DEFAULT <br />Section 5.01 Termination in the Event of Casualty or Condemnation <br />(a) In the event of any damage, destruction or condemnation of the License <br />Area, which renders the License Area unusable or inoperable in Licensor's <br />judgment, Licensee shall have the right, but not the obligation, to terminate <br />the Agreement with respect to the subject License Area by giving written <br />notice to Licensor within thirty (30) days after such damage, destruction or <br />condemnation. If by virtue of such casualty or condemnation, Licensor <br />determines that the License Area is no longer adequate for Licensee to <br />continue its operations, or any repairs to the License Area have not been <br />completed or cannot reasonably be completed within sixty (60) days from the <br />date of the damage, destruction or condemnation. This License Agreement <br />will become null and void. <br />(b) In the event of condemnation, unless Licensee is allowed by the condemning <br />authority to continue its operations in the License Area, this Agreement shall <br />terminate as of the date title to the Property vests in the condemning <br />authority or Licensee is required to cease its operations, whichever is earlier. <br />If any property described herein or hereinafter added hereto is taken in <br />eminent domain, the entire award shall be paid to Licensor. <br />Section 5.02 Termination <br />(a) For Cause: This Agreement may be terminated on fifteen (15) days prior <br />written notice as follows: (1) by either party upon a default of any <br />covenant or term hereof by the other party, which default has been noticed <br />and is not cured within thirty (30) days of receipt of written notice of <br />default, provided that the grace period for any monetary default is only ten <br />(10) days from receipt of notice; or (2) by Licensee if Licensee is unable <br />to occupy and utilize the License Area due to any action of the Interstate <br />Commerce Commission or the Department of Transportation. <br />(b) Without Cause: Either party may terminate this Agreement with ninety <br />(90) days prior written notice to the other party. <br />ARTICLE 6 -ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY <br />6 <br />