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200100091
<br />expense, will at all times keep the Premises in a safe, neat, clean and presentable condition including
<br />all sidewalks and public ways located on the Premises. The Grantee, at Grantee's expense, shall also
<br />keep the walkways appurtenant to any railroad spur track(s) on or serving the Premises, free and clear
<br />from debris, snow, ice and any other substance which would or might create a hazard thereon.
<br />B. The Grantee shall not install, maintain or permit any sign or advertisement upon the
<br />Premises, except signs relating to the Grantee's business; provided such signs are properly installed
<br />and maintained by the Grantee and present a neat appearance.
<br />C. As of the date of the execution of this Agreement, all buildings and improvements
<br />situated on the Premises belong to the Grantee; and in the event any such building or other
<br />improvement not belonging to the Grantor on the Premises is damaged or destroyed by fire, storm,
<br />or other casualty, the Grantee shall, within thirty days after such happening, remove all debris and
<br />rubbish resulting therefrom; and if Grantee fails to do so, the Grantor may enter the Premises and
<br />remove such debris and rubbish, and the Grantee agrees to reimburse the Grantor, within thirty days
<br />after bill rendered, for all expenses incurred in such cleanup.
<br />D. In the Grantee's occupancy and use of the Premises, the Grantee, at Grantee's expense,
<br />shall conform and comply with all applicable laws, ordinances and public regulations now or hereafter
<br />in effect, and hold harmless the Grantor from any failure so to do and from any fines, penalties,
<br />forfeitures or judgments resulting from Grantee's failure to conform and comply with all such laws,
<br />ordinances and public regulations.
<br />E. It is further agreed that no gunpowder, gasoline, dynamite, or other explosive,
<br />flammables or hazardous materials shall be stored or kept upon the Premises. Nothing herein
<br />contained, however, shall prevent the storage of oil or gasoline where same are used by the Grantee
<br />for fuel in the business carried on by the Grantee on the Premises, and are stored in quantities
<br />reasonable for such purposes; PROVIDED, however, that in all such excepted cases, the Grantee
<br />shall not store such commodities within fifty (54) feet from the center line of any main track and
<br />strictly comply with all federal, state and municipal laws and regulations relating to the storage of
<br />such commodities.
<br />A. Grantee shall comply with all federal, state and local environmental laws and
<br />regulations in its use of the Premises, including the Resource Conservation and Recovery Act, as
<br />amended (RCRA), and the Comprehensive Environmental Response Compensation and Liability Act,
<br />as amended (CERCLA). Grantee shall not treat, store or dispose of hazardous wastes on the
<br />Premises, as defined in RCRA, without first obtaining the Grantor's written permission. If such
<br />permission is granted, the Grantee shall obtain any necessary permits and identification numbers and
<br />provide the Grantor the identification numbers and copies of the permits. Grantee shall also assume
<br />all responsibility for and costs associated with any closure and/or post - closure care required. In
<br />addition, Grantee shall not install any underground storage tanks as defined in RCRA without first
<br />obtaining the Grantor's written permission. If such permission is granted, Grantee shall obtain any
<br />necessary permits, notify the proper authorities, and provide the Grantor with copies of such permits
<br />G: \ZAWADM \PAR \JML \188- 00.EXC 2
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