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property of Lessee on the Leased Premises (the "Lessee's Property") is not then subject to any
<br />other rights, liens or interests of Lessor or if removal is not prohibited by law, Lessee shall also
<br />properly remove Lessee's Property prior to termination or expiration of this Lease. If Lessee is in
<br />default or Lessee's Property is subject to any other rights, liens or interest of Lessor, then Lessee
<br />shall remove only such of Lessee's Property as Lessor shall direct. In addition, if Lessor so directs
<br />Lessee shall remove any other property on the Leased Premises, whether such property was placed
<br />on the Leased Premises by Railway, BRIGHTLINE, Lessor or others and whether it was placed
<br />on the Leased Premises prior to or during the Lease term (the "Additional Property"). In no
<br />event, however, shall Lessee remove any of the following materials or equipment unless Lessor
<br />directs otherwise in writing: any power wiring or power panels; lighting or lighting fixtures;
<br />millwork and cabinetry; wall coverings; drapes, blinds or other window coverings; carpets or other
<br />floor coverings; heaters, air conditioners, or any other heating or air conditioning equipment;
<br />fencing or security gates; plumbing fixtures, water fountains; or other similar building operating
<br />equipment and decorations, structures, foundations, concrete, asphalt or fencing (collectively,
<br />"Fixtures'). Should Lessor direct Lessee to remove any or all of the Fixtures, whether such
<br />Fixtures were placed on the Leased Premises by Lessee, Railway, BRIGHTLINE, Lessor or others
<br />prior to or during the Lease term, Lessee shall properly remove such Fixtures prior to termination
<br />or expiration of this Lease. The removal of Lessee's Property, the Additional Property and the
<br />Fixtures shall be at Lessee's sole cost and expense. Lessee shall repair, at Lessee's expense, any
<br />damage to the Leased Premises caused by the removal of any of Lessee's Property, the Additional
<br />Property or the Fixtures. If Lessee fails to remove Lessee's Property, the Additional Property or
<br />the Fixtures, in addition to the payment requirements set forth in paragraph 3 hereof, at Lessor's
<br />option all or part of Lessee's Property, the Additional Property and/or the Fixtures will become
<br />the property of Lessor and/or at Lessor's option, Railway or BRIGHTLINE may cause removal of
<br />all or part of Lessee's Property, the Additional Property and/or the Fixtures from the Leased
<br />Premises and/or storage thereof The reasonable cost or expense of removal and/or storage of any
<br />of Lessee's Property, Additional Property or Fixtures shall be paid by Lessee to Lessor forthwith
<br />upon demand for same.
<br />15. Lessee Improvements
<br />Lessee will not erect or cause to be erected any building or other structure, and
<br />will not make or allow to be made any alterations in or to the Leased Premises, including,
<br />without limitation, the planting or installation of any trees, plants, shrubbery or other vegetation
<br />(collectively, the "Alterations") without first obtaining the written consent of Lessor, which
<br />consent may be granted or withheld in Lessor's sole discretion. Lessor may require Lessee to
<br />provide demolition and/or lien and completion bonds in form and amount satisfactory to Lessor.
<br />All Alterations shall be accomplished in a good and workmanlike manner at Lessee's sole
<br />expense, in conformity with all applicable laws by a licensed and bonded contractor approved in
<br />advance by Lessor, such approval of contractor not to be unreasonably withheld. All contractors
<br />working on Alterations shall carry workers' compensation insurance, commercial general
<br />liability insurance, automobile insurance and excess liability insurance in amounts reasonably
<br />acceptable to Lessor and shall deliver a certificate of insurance evidencing such coverages to
<br />Lessor prior to commencing work on the Leased Premises. Upon completion of any such work,
<br />Lessee shall provide Lessor with "as built" plans, copies of all construction contracts and/or
<br />landscape contracts, and proof of payment for all labor and materials. All legal and consulting'
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<br />fees and expenses incurred by Lessor in connection with Lessee's improvement plans and/or
<br />landscape plans, pursuant to this paragraph, together with any legal and consulting' fees and
<br />disbursements incurred in the review of any improvement plans, landscape plans, "as -built"
<br />plans, construction contracts, landscape contracts or any other documentation, will be paid by
<br />Lessee within thirty (30) days of invoice for payment thereof, as Additional Rent. Any
<br />Alterations to the Leased Premises made by or installed by either party hereto will remain upon
<br />and be surrendered with the Leased Premises and become the property of Lessor upon the
<br />expiration or earlier termination of this Lease without credit to Lessee; provided, however,
<br />Lessor, at its option, may require Lessee to remove or repair any Alterations to restore the
<br />Leased Premises to the condition existing at the time Lessee took possession, with all costs of
<br />removal, repair, restoration, or alterations, including, without limitation, removal of any trees,
<br />plants, shrubbery and vegetation to be home by Lessee. This clause will not apply to moveable
<br />equipment, furniture moveable trade fixtures, or other personal property owned by Lessee, which
<br />shall be considered Lessee's Property for purposes of paragraph 14 and shall be removed by
<br />Lessee in accordance with Paragraph 14. Lessee will have no authority or power, express or
<br />implied, to create or cause any construction lien or mechanics' or materialmen's lien or claim of
<br />any kind against the Leased Premises or any portion thereof or any portion of the ROW. Lessee
<br />will promptly cause any such liens or claims to be released by payment, bonding or otherwise,
<br />but in any event not more than thirty (30) days after request by Lessor, and will indemnify
<br />Lessor, BRIGHTLINE and the Railway against losses arising out of any such claim including,
<br />without limitation, legal fees and court costs. NOTICE IS HEREBY GIVEN THAT LESSOR,
<br />BRIGHTLINE AND THE RAILWAY WILL NOT BE LIABLE FOR ANY LABOR,
<br />SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO LESSEE, OR TO
<br />ANYONE HOLDING THE PREMISES THROUGH OR UNDER LESSEE, AND THAT NO
<br />MECHANICS' OR OTHER LIENS FOR ANY SUCH LABOR SERVICES OR MATERIALS
<br />WILL ATTACH TO OR AFFECT THE INTEREST OF LESSOR BRIGHTLINE AND/OR
<br />THE RAILWAY IN THE PREMISES. LESSEE WILL DISCLOSE THE FOREGOING
<br />PROVISIONS TO ANY CONTRACTOR ENGAGED BY LESSEE PROVIDING LABOR,
<br />SERVICES OR MATERIAL TO THE LEASED PREMISES.
<br />Lessee agrees and acknowledges that Lessor intends to consult with the Railway and
<br />BRIGHTLINE to confirm whether or not the Railway and/or BRIGHTLINE objects to any
<br />proposed Alterations, and upon the written request of Lessor, Lessee shall work directly with
<br />the Railway and/or BRIGHTLINE to resolve any issues identified by the Railway and/or
<br />BRIGHTLINE with respect to any such proposed Alterations.
<br />16. Assignment
<br />Lessee will not assign this Lease, in whole or in part, or sublease the Leased
<br />Premises, in whole or in part, without the prior written consent of Lessor, which consent may be
<br />granted or withheld in Lessor's sole discretion, and in no event will Lessee be released from any
<br />obligation or liability under this Lease following any such assignment or sublease. Along with
<br />Lessee's request to Lessor to assign this Lease or sublease the Leased Premises, Lessee shall
<br />provide, along with any other information and documentation that Lessor may request, a copy of
<br />the proposed assignment or sublease. No assignee or sublessee of the Leased Premises or any
<br />portion thereof, may further assign or sublease its interest in the Leased Premises or any portion
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