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<br />~~'i'~It~wd+s~~~~ ri~i~~a~^, .~~ ir~f ~="~~~ ~ f~•~e ~' a,,,_~ie+c4 m~a,.* ~', alt~ere~+~,, remnrswed <br />=~~ ap;,m~„~~s ~~ai~5~ ~,he ?'s~aGb),e~~s~ec Est: seas ':rte ~~:~ 'i~r~~n~g as the Sublessee <br />f ~~ ih~; t i ~ ,...<,~ouw ~, t he ite~a~n~ds,r <br />Act=on 3.~ a Sublessee a'_ its own cost and expense, may, <br />after c etzo*~ of the protect, make some additions or <br />m~srove~ents to or alterations of the project or may construct ar <br />piece on tY;e Protect such additional facilities, machinery or <br />eauip~ent as ±he Sublessee may Been desirable to effectuate the <br />purposes herein contemplated; provided, it is determined that <br />such additions, improvements, alterations, facilities,- machinery <br />or equipment will not impair the structural soundness or the <br />value of the Project nor adversely affect the purposes of this <br />Sublease under Section 2 of Article I3 of the Nebraska <br />Constitution and Article 16 of Chapter Z8 of the ~teissue Revised <br />Statutes of Nebraska, 1943, as amended. <br />Section 5~.3 If the Sublessee in its sole discretion <br />deteraine~ any structure, machinery, equipment or other <br />impzovement constituting a part of the Project has become <br />inadequate, obsolete, warn out, ur_suitable, undesirable or. <br />unnecessary, the Sublessee shall give written notice thereof to <br />the Sublessor, and the Sublessee may then demolish or remove such <br />property from the Project and may sell, trade in, excYiange or <br />otherwise dispose of the same, in whole or in part, provided <br />that: <br />(a) The Sublessee shall, at its sole cost and expense, <br />construct or install replacement or substitute structures, <br />machinery, equipment or other improvements having a fair market <br />value (but not necessarily the same function) at least equal to <br />the fair market value, prior to demolition or removal, of the <br />property demolished or removed; provided, however, that all such <br />structures, machinery, equipment, or other improvements <br />constructed or installed in replacement or substitution thereof <br />shall be free of all liens and encumbrances and shall become a <br />part of the Project; or <br />(b) Any such structure,, machinery, equipment or other <br />improw~=ment now or hereafter ex'a.sting as part of the Project may <br />be dema~.ished or removed by the Sublessee 'fzc;sn time to time at <br />'.its n cost and expense, but free of any gblzgation hereunder to <br />_ prQVide any property in replacement of or subsuf4ution for that <br />demolished or removed, upon the fblinwing terms and conditions; <br />(1) prior to such demolition or removal, the <br />Sublessee shall give to the Sublessor written notice thereof, <br />setting forth a brief description of the structure, machinery, <br />equipment or improvement to be demolished or removed and the <br />estimated fair market value thereof; <br />1 <br />r. <br />-5- <br />t..- <br />F_ <br />