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' ..- . 201001127 To the Lessor at: State of Nebraska AS -State Building Division P.O. Box 98940 Lincoln, Nebraska 68509-8940 To the Lessee at: City of Grand Island P.O. Box 1968 Grand Island, Nebraska 68802-1968 Assignment and Subletting. Lessee shall not assign this Lease without the written consent of the Lessor, which shall not be unreasonably withheld. Any occupant, assignee, ar sub-lessee must agree to abide by all of the terms and provisions of this Lease. Lessor shall not assign this Lease without the written consent of Lessee, which shall not be unreasonably withheld. Any successor in interest of the Lessor shall abide by all of the terms and provisions of this Lease. Nothing in this Section shall be construed to limit the ability of the Lessee to enter into agreements and to impose and collect fees from facilities users for use or maintenance of the leased property and for such related facilities as the Lessee intends and may construct upon the leased property. 6. Disposition of Property. Upon termination of this lease or any extension thereof, the Demised Land shall remain the property of the Lessor. Any buildings or appurtenances the Lessee may have constructed or installed shall remain the property of the Lessee. Lessor may purchase the Lessee's interest in such buildings or appurtenances for the Fair Market Value of the same. "Fair Market Value" shall mean the value of such interest, as determined by agreement of the parties or by a board of three independent licensed appraisers chosen jointly by the parties. The Lessee's interest may be purchased as determined by state or federal law or by agreement of the parties. If Lessor elects not to purchase the buildings or appurtenances, Lessee will remove all buildings and appurtenances at Lessee's cost. Each party shall retain ownership of all personal property placed or installed on the Demised Land. Lessee shall remove all of its personal property from the Demised Land within one hundred and twenty (120) days of the termination, unless the parties otherwise agree to extend such time. 7. Compliance With Law. Lessor and Lessee shall, at their respective expense, comply with all applicable statutes, charters, laws, ordinances, building and maintenance codes, rules, regulations, requirements and orders of duly constituted public authorities now or hereafter in any manner affecting the Demised Land, or the use thereof, or the sidewalks, alleys, streets, and ways adjacent thereto, whether or not any such statutes, charters, laws, ordinances, rules, regulations, requirements, or orders which may be hereinafter enacted involve a change of policy on the part of the governmental body enacting the same. 8. Amendments and Binding Effect. This Lease may not be amended except by an instrument in writing signed by Lessor, Lessee and the Tenant Agency. No provision of this Lease shall be deemed to have been waived by either party unless such waiver is in writing signed by the applicable party and no custom or practice which may evolve between the parties in the administration in the terms hereof shall waive or diminish the right of either party to insist on the performance of the other parry in strict accordance with the terms hereof. 9. Severability. If any clause or provision of this Lease is illegal, invalid, or unenforceable under present or future laws, then the remainder of this Lease shall not be affected thereby and in lieu of such clause or provision, there shall be added as a part of this Lease a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible, legal, valid, and enforceable. Page 3 0! 5