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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 1-800432-4770 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 />13. 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 <br />0 <br />