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' IND LS 110695
<br />APPROVZD, LAW
<br />provided in Section 13' A) abaro and sue Lessee for damages. and /or (c) exercise such other. remedies as
<br />lessor may have at as or in equity. Lessor maw enter and take possession of the Premises by melt.
<br />help, by chasing locks. Le neeesaary, =deny lock out Lessee, all without being liable for damages.
<br />Section IS.
<br />S. • . M • . •..• )• „}LI, •
<br />•t al�•t ;ems
<br />201802170
<br />). Open termination howsoever of this Lease, Lessee (i) shall have peaceably and quietly
<br />vacated and surrendered pc ion of the Premises to Lessor, without Lessor giving any notice to quit
<br />or descend for po ion, and MY shall have renewed frost the ?remiss all structures, property and
<br />other materials not belonging to Lessor, and restored the surface of the ground to as good a condition
<br />as the same was in before such structures were erected, including, without limitation, the removal of
<br />foundations, the filling in of eomavatioas and pits, and the removal of debris and rubbish.
<br />N. If Lessee has not completed such removal and restoration 'within thirty (30) days alter
<br />termination of this Lease,'Lessor may, at its election. and at any time or (i) performs the work
<br />and Lessee shall reimburse Lessor for the cost thereof within thirty (30) days aster bill is rendered,
<br />(ii) take• title to all or any portion of such structures or property by giving notice of such election
<br />to Lessee; and /or (iii). treat Lessee as a holdover tenant at vill until such removal and restoration
<br />is completed.
<br />Section 16. 7I1ER OPTICS.
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<br />Lessee shall telephone Lessor at 1- 800 -336 -9193 (a 24 -hour hneber) to determine if fiber optic
<br />cable is buried on the Premises. 'It cable is buried of thi Premises, Lessee will telephone the
<br />telecoemonicetions company(iee), arrange for a cable locator, =desk. arrangements for relocation or
<br />other protection. of the cable. . Notwithstanding compliance by Lessee with this Section 16, the release.
<br />and indemnity provisions of Section 11 above aball apply fully to any damage or destruction of any
<br />telecommunications system.
<br />Section 17. E217.0$
<br />Any notice, consent or approval to be given under this Lease shall be in writing, and •
<br />personally served, sent by reputable courier service, or sent by certified mail, postage prepaid,
<br />return receipt requested. to Lessor at: Contracts 4 Real !state Department, Room 1100, 1416 Dodge
<br />Street, Cmahe, 68179; and to Lessee at the above address, or such other address as a party
<br />pay designate in notice given to the other party. *sited• notices shall be deemed served five (Sl days
<br />after deposit in the O.S. flail. Notices which axe personally served or sent by courier service shall
<br />be deemed served upon receipt.
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<br />'Section 18. • ASSIC MrsT.
<br />A. Lessee shall not sublesse Premises, in whole or it part, or assign. encumber or
<br />transfer (by operation of law or otherwise) this Lease, without the prior consent of Lessor, which
<br />consent may be denied an Lessor'■ sole and absolute discretion. any purported transfer or assignment
<br />without Lessor'a..consent shall be'void and shall be a default by Less...
<br />a. • Subjact to thil Section 18. this Lease shall be binding upon and inure to the benefit
<br />o! the parties. hereto and their respective heirs, executors, administrators, successors and assigns.
<br />Section 19.•' CQPDSeWrI0N.
<br />If. as reasonably determined by Lessor, the Premises cart be used by Less.e because of a
<br />condemnation or sale in lieu of condemnation, than this Lease shall automatically 'terminate. Lessor
<br />shall be entitled to the entire award or proceeds for any total or partial condemnation or sale in
<br />lieu thereof, including, without limitation, any award or proceeds for the value of the leasehold
<br />estate created by this Lease. Notwithstanding the foregoing, Leases shall have the right to pursue
<br />recovery from the condemning authority of such compensation as say be 'separately awarded to Lessee for
<br />Lessee's relocation expenses, the taking of Lessee's personal property and fixtures. and the
<br />interruption of or damage to Lessee' business.
<br />Section 10. )►•,QO2.11,tS PUS.
<br />If either party retains an attorney to enforce this Lease (including, without limitation, the
<br />indemnity provisions of this Lease), the prevailing party is entitled to recover reasonable attorney's
<br />lees.
<br />Section 21. LNTSRL CRLL(ONr.
<br />This Lease is the emire agreement between the parties, and supersedes all other' oral or
<br />written agreements between the parties pertaining to this transaction. shueept for the unilateral
<br />redetermination of annual rent as provided in Article III., this Lease may be amended only by a
<br />written instrument signed by Lessor and Lessee.
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