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5. Lessee shall not place oe r�rmit to be placed or to remain, any matenaI, structure, pole or other obstruction
<br />within =8.5 teat laterally of the center line or within 23 feet vertically from the top of rail of any track located on
<br />or neg� es; ;provided that if by statute or order of competent public authority greater clearances shall
<br />be re4u t ari ose provided for in this paragraph, then Lessee shall strictly comply with such statute or order.
<br />No building or structure erected on said premises shall have a swinging door or window opening towards
<br />any railroad track which, when open, will restrict the clearance to less than 8.5 feet from the center line of such track.
<br />Lessee shall not nor shall Lessee foster, sanction or permit others to operate -any equipment, motor driven
<br />or otherwise, for the purpose ,of serving Lessee, upon or across any railroad track located on or adjacent to the
<br />demised premises except in established crossings.
<br />Lessee agrees to-indemnity and save harmless Lessor from all loss, damage, penalties, costs or, judgments
<br />that may be assetised against or recovered from it on account of or in any manner arising or growing out of a violation
<br />of the provisions of this paragraph 5.
<br />& Lessee, at Lessee's sole costs.and expense, shall instal' and maintain adequate facilities for fire protection
<br />in all buildings and structures upon said premises. Lessee also, at Lessee's sole cost and expense, shall observe
<br />and comply with all the rules, regulations and orders of any duly constituted authority and of any board of fire
<br />underwriters having jurisdiction of said premises and all provisions of any fire insurance policy covering said premises.
<br />7. Lesseeshall not permit the existence of any nuisance on said premises; shall maintain and keep the same
<br />in proper, clean, safe and sanitary condition and free and clear of any explosive, flammable or combustible
<br />material which would increase or tend to increase the risk of fire, except for such material as may be necessary to
<br />Lessee's business; and, further, Lessee shall keep, observe and comply with all federal, state and local regulations, a. fi-
<br />nances and laws, and with the regulations of any duly constituted legal authority having jurisdiction of the premises,
<br />and at Lessee's sole cost shall make any and.all improvements, alterations, repairs and additions and install all
<br />appliances required on said premises by or under any such regulations, ordinances or laws. Lessee shall not place
<br />or permit to be placed any advertising matter upon any part of said premises or upon any improvements thereon,
<br />except such as is necessary to advertise Lessee's own business.
<br />S. Lessee, at Lessee's sole cost and expense, shall keep the premises hereby demised in good condition and
<br />shall make all repairs and renewals that from time to time may be necessary to keep any improvements which may
<br />be located thereon in good condition and repair and ready and fit for occupancy; and on termination of this lease.
<br />either by expiration of the term hereof or by cancellation, or otherwise, shall surrender said demised premises in a
<br />condition satisfactory to Lessor and shall fill and level all excavations and remove and level all obstructions above
<br />ground at Lessee's sole cost and expense. In the event of Lessee's failure to do so, Lessor may do said work and Lessee
<br />shall reimburse Lessor for the cost and expense thereof.
<br />9. (a) It is understood by the parties that said premises are in dangerous proximity to the tracks of Lessor and
<br />that property on said premises will be in danger of injury or destruction by fire incident to the operation, maintenance
<br />or improvement of the railway, and Lessee accepts this lease subject to such dangers. It is therefore agreed, as one of the
<br />material considerations of this lease without which the same would not be granted, that Lessee assumes all risk of
<br />loss. damage or destruction by fire to buildings or contents or to any other property brought upon or in proximity
<br />to said premises by Lessee, or by any other person with the consent or knowledge of Lessee, without regard to whether
<br />such fire be the result of negligence or misconduct of any person in the employ or service of Lessor or of defective
<br />appliances, engines or machinery, except to the premiss of Lessor and to rolling stock belonging to Lessor or to
<br />others, and to shipments of third parties in the course of transportation. Lessee hereby indemnifies and agrees to protect
<br />Lessor from all such loss, damage or destruction to property, including claims and causes of action asserted against
<br />Lessor by any insurer of said property.
<br />(b) Lessee also agrees to indemnify and hold harmless Lessor for loss, damage, injury or death from any
<br />act or omission of Lessee, Lessee's invitees, licensees, employees, or agents, to the person or property of the parties
<br />hereto and their employees, and to the person or property of any other person or corporation while on or near said
<br />premises; and if any claim or liability, other than from fire, shall arise from the joint or concurring negligence of
<br />both parties hereto, it shall be borne by them equally.
<br />10. It is agreed that the provisions of paragraphs 5 and 9 are for the equal protection of any other railroad
<br />company or companies heretofore or hereafter granted the joint use of Lessor's property, of which said premises are a
<br />part.
<br />11. is) Without the written consent of Lessor, Lessee shall not assign this lease or any interest therein, or sublet,
<br />and no heir, executor, administrator, receiver, master, sheriff, trustee in bankruptcy, or other assignee by operation of
<br />law shalt assign or sublet without such written consent.
<br />(b) In the event of assignment of this lease. Lessor, having no advice to the contrary, shall at such nmfr
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<br />credit all unearned rental hereunder to the assignee. Any other disposition of unearned rental will be made by Lessor
<br />only upon the joint written request of troth Lest, -, and l.est.ec s assignee at thi:, time of submitting ;:aid assignment }µ -t
<br />to Lessor for its consent
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