|
8I- t~t_i505~
<br />iateefs
<br />Isayma
<br />Tam.
<br />Other ~
<br />xtLts~as d
<br />Pteaaisa.
<br />la die eves! sock slice is served, the patties hereto shall agree upon aitd fix the asmttai rental which shall apply
<br />thttraaRar until a further change of rental is made w herein p:ovidcd. In the event such notce is sernd and the parttes
<br />poser agttse svtdtia thirty (30) days after ehc service of the snore upon a fair annual market rental fw such casuing pe-
<br />siod tha+ such rmml for such period shall be detern+ined 6y arbitntion in the following m?<ttaer:
<br />,+.bktast sixty (fit)) dari before the end of the five-year period in which said notice ttas been served, the party
<br />dasitiag ubitnaan shall serve upon the other party a written notice naming an arbitrator. 1Yithin een (10) days
<br />after the delivery oE~ said notice, t .eh other party shall likewise appoint an arbitrator and notify the party desiring
<br />arbitntion of wch aapointmen4 and i[ such other party (ails within said ten (IO) days w to do, the arbitrator
<br />appointed: by the party dteirinA arbitntion shall proceed in the determination of a fa+r annual [Harker rental for
<br />streh eaw+tsq period. and his decision as to xuch rental shall tx Final. In the event tut such ocher party appoints
<br />an'ubitntor within the proscribed time, the two arhivaton w apptinted shah choose a third arhitramr. If the
<br />- two tubitntorr w chosen shall fail to agree upon the selection of a third arbientnr within a reawnable time, such .
<br />" subitnwr shall be appointed, upon application of either parry, by any judge of the Dutriet Court of the United
<br />Sta[a tor~ the district which shall then include the Itxality in svhirh the leased premises err situated, but etch
<br />application shall not Ix mode until wch party .hall hoer given ten (Itp days' wrieten notice to the other party
<br />_ of iu intrntion w to~dn. The hoard ~~f arhitraturs, comtituted as aforesaid, shall prnreed to dctetmine the fair
<br />annwl market rental Per such rowing period, and the derision of the hoard, ur .,f any avu membcn thereof, as
<br />to wch rental shall Ix binding upon the pan+rs here[[,. :\ll expenses of such arbitntion shall tx apportioned
<br />equally lxnsecn the parties herops
<br />If, at the rid of the five-year period in which the foregaina procetlurc shall have been eommanced, a Eair annual
<br />markrt.tenml'dlEEeront Erom the then effective rental shall not hus•c been Eixed, then, until a diEEennt rental is deter-
<br />`'a:E~ -the Lesxe shall tontinne to pay annuolly in advance the then eEfcctive rental, subject to teadEustment when a
<br />sew and different rental shall have been determined as heroin prosided, such readjwtment to be retroactive to the be-
<br />gistasing of the period for which such different rental shall have Ixcn Sued.
<br />When and if the rental for any period of the term hereof shall hove been Eixed by agreement of the parties to as
<br />amount different From the amount of the rental paynbk during the prercdinA pentd, the revised rental so to be paid by
<br />the Lessor to the Lessor shalt be made a matter of retard by a letter from the Lessor to the Lessee, on the duplkstM
<br />originals of which shall be manifested the ncceptnnce of the Lessee, sad a copy of said letter shall be filed wills each
<br />cat+attrpart of this agreement and become a part thereof: turd sehcn and if such rental shall have bees fis:ad by as
<br />award of arbNraeon as herofnbefare provided, a copy of eho award shall sa ba filed and shall bttxme a past of ibis
<br />agreement.
<br />Rental ar aforesaid shall be paid at the office of the Ditertnr, Credit and Colleetiast, of the Lessee in C)trtaha.
<br />Nebsaaka or at such other plat as the Lessor shall designate in writing, std shall be paid annwlly in advance on
<br />the Eisst s~t+y of each contract year of the term hereof, ntruning a year hegianing oa rho efEecUve date of this kale
<br />asd on the sanx day of each calendar year thrreufter.
<br />The Lestee Eunher agrees to pay before tlx satire shall become delinquent all taxes levied duriaqq the t:ontinttaaca
<br />of this Itasr uptm the leased promises and upon any buildings and improvements thereon, w to reimburse the Lessor
<br />for luau paid by the Lrswr for such taxes, except taxes levied agaimt the leaud promises as a ewnpment psut of tM
<br />rai4oad properly of the Geswr in the state as a whole. ;s+;:. ~ ;
<br />If, during the term of this lease, any .treat or other imprcrvement, whether t:onsistinq of new cottatr~ettott, inaintt•
<br />trance, rapain rettewab or reconstruction, shall be made, the whole or .ray portion of the cwt of which k assessed
<br />agates[ or fairy assignable to the leased promises, the Lt:ssas agrees to pay in addttioa to the other paytwnta herein
<br />provided far-
<br />(o) _,_~•,~~,,~~_~~t„(j )______. par annum an the amount w assessed aAsihst or
<br />asidgaa6la to tM said prertsises when axpet aril lures by the Lesw fur wch imptovermants are propattychargaahla
<br />to capital accostat wader the rceaweting rules of the Intantate Comn+etce Ctunmlssiun currrent at the Eima;
<br />(b) the entire attunatt so ssseased attaitsst er auEgnabla to the said protstisas wisaa tr~rpoHdtttrraa far sua& farysrev^~.
<br />taen~ era asst properly chargtablt to capital account under said accounting rules.
<br />Seceioo S. Tba kaaad praatira shall not. without ebe weittea consort of the Laswr, ba toad for soy other putptasarl
<br />than for»._.....$~lit>~! rarihqui~
<br />Abas+das- surd If the Lessee abandons the Icaskd premises, the Lrs+or moy eater upon oral take possesdoa of the saa+a, oral a [wa-
<br />soaot. user tot the purpwe herein nxntionad, or haraaEter defined Ip such wnKan oooseat, Contmumg foe nioaty (90) days,
<br />shall be wffisdeat and cotsclwh•e evidence of such abandottmaat
<br />St~diop, $tCtlOa ~. Tbs Leuae covettaab sad agrees
<br />_..._ ......................_..._........_..._........__.........._..._..........._........._..._..........._............._.._...r,
<br />all other structures erected upon the leased protitiass loran
<br />rotor Brea all bt of wbsmndal design xod ctmstruction sad of a design and typo satisfactory to the Lessor, shaJ1
<br />ba payt~td by the Lassen a color sat4Eactory to the Losses, and shall at all Umas be leapt to goad rreeppair, that the roof of
<br />ac[t such building shall bt of Eire•rmsistive material and., when any budding is without solid foundation, tht ttpaalugs
<br />between the ground sad eha flow therooE shall 6e coverod with Eire-rewtiva material; and that in the coattruadao,
<br />ocivpsnay and uw of safd buildings and stcucttuca and in the we of the teased premises the Leases shall conform to all
<br />kw, ordtnaavrs ur other ppublic regulations now in effect or which may hereafter be anactad. It it agrexd that no Im-
<br />proveaseats platted upon the ieassd Dremiua by the lessee shall bacomt a part of eha realty.
<br />
<br />
<br />
<br />of the torzAoiag, oil sad gas and r.ghta thereto, togesher with the «sk, exclusive and perpetual right to expbre for, remove
<br />and di:pae oF, said tstitteraL by any rtteam or methods suitalsk to Union Parifir Land Rrsossrcea Cnrpontion, its sue-
<br />resaoa sad assigns, but without entering upon or using the sttrfaer. of the lands hrroby tensed, and in wch rnaaaet u
<br />net to damage the surface of raid (ands or to interfere with the use ttxrtrs( by the I.rass.r, its asreesson sad asdgtLL
<br />Ssctlon 2 The Lessee shill pay to rho Lessor aaawlly in advattee for the wa of the leased psemlxes eeatal at the
<br />
|