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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 />BRIGHTLINE 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 BRIGIITLINE 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 />of the 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 />E <br />