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insurance required hereunder, or should any such insurance not be approved by Lessor or any
<br />mortgagee, then Lessor has the right, without assuming any obligation in connection therewith, to
<br />procure such insurance at the sole cost of the Lessee, and all outlays by Lessor shall be paid by the
<br />Lessee to Lessor without prejudice to any other rights or remedies of Lessor under this Lease.
<br />Lessee shall not keep or use in the Leased Premises any article that may be prohibited by any fire,
<br />casualty or other insurance policy in force from time to time covering the Leased Premises.
<br />Lessee agrees and acknowledges that Lessor intends to consult with the Railway and
<br />BRIGHTLM to confirm whether or not the insurance maintained by Lessee is in compliance
<br />with the terms of this Lease, and upon the written request of Lessor, Lessee shall work directly
<br />with the Railway and/or BRIGHTLINE to resolve any non-compliance issues identified by the
<br />Railway and/or BRIGHTLINE.
<br />C. Claims Handling
<br />If a claim or action is made or brought against either party and for which the other
<br />party may be responsible hereunder in whole or in part, such other party shall be notified and
<br />permitted to participate in the handling or defense of such matter.
<br />11. Purpose of Lease
<br />The premises shall be used only for the purpose of )Insert description of use).
<br />12. No Interference with Railway and/or BRIGHTLINE Operations. Reservation of Rights
<br />The Lessee's use and/or maintenance of the Leased Premises shall not in any way,
<br />or at any time, interfere with or obstruct the use of the Leased Premises or of the ROW by Lessor,
<br />BRIGHTLINE or the Railway or their respective agents, employees, patrons or assigns. The
<br />Lessee will not discharge surface water upon any portion of the ROW or any of the Railway's or
<br />BRIGHTLINE's property and/or railroad tracks and Lessee hereby expressly releases Lessor,
<br />BRIGHTLINE and the Railway from liability for any surface water flowing across the ROW.
<br />Lessee further agrees not to alter the Leased Premises so as to cause water to drain or flow onto
<br />the ROW or any of the Railway's or BRIGHTLINE's property nor so as to cause an undermining
<br />ofthe ROW or any adjacent property.
<br />Lessee shall notify Lessor before performing any work on the Leased Premises. Notification shall
<br />be made to FEC ROW LLC, Attn: Craig Olson, 7411 Fullerton Street, Suite 301, Jacksonville,
<br />Florida 32256. Lessee agrees and acknowledges that Lessor intends to consult with the Railway
<br />and BRIGHTLINE to confirm whether or not the Railway and/or BRIGHTLINE objects to any
<br />such work, and upon the written request of Lessor, Lessee shall work directly with the Railway
<br />and/or BRIGHTLINE to resolve any issues identified by the Railway and/or BRIGHTLINE with
<br />respect to such work.
<br />If Railway or BRIGHTLINE requires a railway watchman or flagman be present while work is
<br />performed on the Leased Premises, the Railway or BRIGHTLINE will provide such watchman or
<br />flagman at Lessee's sole cost and expense.
<br />Lessee shall not have or assert any claim or demand whatsoever for compensation
<br />or damages to the Leased Premises or to any improvements now or hereafter erected or property
<br />located thereon which may be caused by the operation, maintenance, repair, relocation, or removal
<br />of the Railway's or BRIGHTLINE's railroad, their respective operations or which may be caused
<br />by vibration resulting from the operation of said railroad and Lessee releases Lessor,
<br />BRIGHTLINE and the Railway from any liability for any such damage.
<br />Unless specifically set forth in this Lease, no right of way, expressed or implied,
<br />over the ROW is granted by this Lease.
<br />It is understood between the parties hereto that Lessor reserves unto itself, its
<br />successors, permittees, licensees, or other persons, the right to construct and maintain other
<br />facilities, including but not limited to pipelines and/or communication cables, over, under and
<br />across the Leased Premises, and further, that Lessee shall take no measures to interfere with the
<br />construction or maintenance of said facilities and shall at all times allow ingress and egress to the
<br />Leased Premises by Lessor, BRIGHTLINE, the Railway and their respective successors,
<br />permittees, licensees or other persons provided that such shall not unreasonably interfere with
<br />Lessee's use of the Leased Premises in accordance with the terms hereof.
<br />Lessee acknowledges that the Leased Premises may contain fiber optic
<br />communication systems, railway signal and train control cables and other utilities. Prior to any
<br />digging or subgrade work on the leased premises, Lessee must notify Lessor and call SUNSHINE
<br />for utility locations at 1-8004324770 and the Railway Signal Department at 1-800-342-1131 ext
<br />2377 for signal and train control cable locations. Proper notification is required for cable locations
<br />and field inspections to protect against damages.
<br />Termination
<br />Either party may, in its discretion, for any reason whatsoever, terminate this Lease at any
<br />time by the giving of 30 days prior written notice to the other party. Notwithstanding the foregoing,
<br />until the requirements of Paragraph 14 of this Lease are met by Lessee, such termination shall not
<br />in any way release Lessee from any of its obligations under this Lease, including but not limited
<br />to Lessee's obligations to pay Rent and other charges and fees and maintain insurance, each in
<br />accordance with the terms and conditions of this Lease.
<br />14. Condition of Premises on Termination
<br />The Lessee shall not mutilate, damage, misuse, or alter, the Leased Premises, but
<br />shall keep the same in good condition and repair. Any and all repairs, alterations or improvements
<br />made on the Leased Premises by Lessor at Lessee's request shall be at Lessee's sole cost and
<br />expense unless otherwise expressly agreed in writing.
<br />Except as otherwise set forth herein, upon the termination or expiration of the
<br />Lease, Lessee shall surrender the Leased Premises to Lessor in condition acceptable to Lessor.
<br />Prior to termination or expiration of this Lease, Lessee shall properly remove all trash, debris, and
<br />other waste materials from the Leased Premises. If Lessee is not then in default and if the personal
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