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<br />Lessor's remedies for Lessee's default are to (a) enter and take possession of the
<br />Premises, without terminating this Lease, and relet the Premises on behalf of Lessee, collect
<br />and receive the rent from reletting, and charge Lessee for the cost of reletting, and /or (b)
<br />terminate this Lease as provided in Section 13 A. above and sue Lessee for damages, and /or (c)
<br />exercise such other remedies as Lessor may have at law or in equity. Lessor may enter and
<br />take possession of the Premises by self -help, by changing locks, if necessary, and may lock out
<br />Lessee, all without being liable for damages.
<br />Section 15. VACATION OF PREMISES; REMOVAL OF LESSEE'S PROPERTY.
<br />A. Upon termination howsoever of this Lease, Lessee (i) shall have peaceably and
<br />quietly vacated and surrendered possession of the Premises to Lessor, without Lessor giving
<br />any notice to quit or demand for possession, and (ii) shall have removed from the Premises all
<br />structures, property and other materials not belonging to Lessor, and restored the surface of
<br />the ground to as good a condition as the same was in before such structures were erected,
<br />including, without limitation, the removal of foundations, the filling in of excavations and pits,
<br />and the removal of debris and rubbish.
<br />B. If Lessee has not completed such removal and restoration within thirty (30) days
<br />after termination of this Lease, Lessor may, at its election, and at any time or times, (i) perform
<br />the work and Lessee shall reimburse Lessor for the cost thereof within thirty (30) days after bill
<br />is rendered, (ii) take title to all or any portion of such structures or property by giving notice of
<br />such election to Lessee, and /or (iii) treat Lessee as a holdover Lessee at will until such removal
<br />and restoration is completed.
<br />Section 16. FIBER OPTICS.
<br />Lessee shall telephone Lessor during normal business hours (7:00 a.m. to 9:00
<br />p.m., Central Tune, Monday through Fridays, except for holidays) at 1- 800 - 336 -9193 (also a
<br />24 -hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried on the
<br />Premises. Lessor may change the telephone number and hours of operation by giving Lessee
<br />notice of the change. If cable is buried on the Premises, Lessee will telephone the
<br />telecommunications company(ies), arrange for a cable locator, and make arrangements for
<br />relocation or other protection of the cable. Notwithstanding compliance by Lessee with this
<br />Section 16, the release and indemnity provisions of Section 12 above shall apply fully to any
<br />damage or destruction of any telecommunications system.
<br />Section 17. NOTICES.
<br />Any notice, consent or approval to be given under this Lease shall be in writing,
<br />and personally served, sent by reputable courier service, or sent by certified mail, postage
<br />prepaid, return receipt requested, to Lessor at: Union Pacific Railroad Company, Attn:
<br />Assistant Vice President - Real Estate, Real Estate Department, 1800 Farnam Street, Omaha,
<br />Nebraska 68102; and to Lessee at the above address, or such other address as a party may
<br />designate in notice given to the other party. Mailed notices shall be deemed served five (5) days
<br />after deposit in the U.S. Mail. Notices which are personally served or sent by courier service
<br />shall be deemed served upon receipt.
<br />Section 18. ASSIGNMENT.
<br />A. Lessee may sublease the Premises or assign this Lease, by operation of law or
<br />otherwise, only if Lessee provides Lessor with advance notice of the assignment or sublease and
<br />the sublessee's or assignee's written agreement for the benefit of Lessor to be bound by the
<br />terms of this Lease. No subletting or assignment shall relieve Lessee of its obligations under
<br />this Lease. Any assignment or sublease by Lessee in violation of this Paragraph A shall be void
<br />and ineffective and shall, at the option of Lessor, result in an immediate termination of this
<br />Lease.
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