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thereof. All legal fees and expenses incurred by Lessor in connection with the review by Lessor <br />of Lessee's requested assignment or sublease pursuant to this paragraph, together with any legal <br />fees and disbursements incurred in the preparation and/or review of any documentation, will be <br />paid by Lessee within thirty (30) days of invoice for payment thereof, as Additional Rent, but in <br />no event, prior to execution by Lessor of the Assignment. If the rent due and payable by any <br />assignee or sublessee under any permitted assignment or sublease exceeds the Base Rent payable <br />under this Lease for such space, Lessee will pay to Lessor all such excess rent and other excess <br />consideration within ten (10) days following receipt thereof by Lessee. <br />17. INTENTIONALLY OMITTED <br />18. Care Around Tracks <br />Lessee shall adopt, monitor and enforce reasonable rules and regulations for the <br />conduct of Lessee's employees, patrons, agents and contractors (including employees thereof) or <br />any other persons using the Leased Premises to protect them from injury while on, about or near <br />any track on or adjoining the Leased Premises and/or the ROW. <br />19. Destruction or Damage to Leased Premises <br />If the Leased Premises (which shall not include Lessee's Property or property of a <br />third party) are at any time materially damaged or destroyed by fire or other Acts of God <br />preventing all use of the Leased Premises by Lessee for the purposes set forth in this Lease and <br />the extent of such damage or destruction does not in any way result or arise from the acts or failure <br />to act of Lessee, its employees, agents, invitees, visitors, customers, assignees, sublessees, <br />contractors or subcontractors, Lessor shall have sixty (60) days from such damage or destruction <br />to determine in its sole discretion and inform Lessee whether Lessor will restore the Leased <br />Premises (excluding any Alterations and/or other improvements constructed by Lessee) to <br />substantially the condition that existed immediately prior to the occurrence of the casualty. If <br />Lessor determines not to restore the Leased Premises, it will notify Lessee and Lessee's sole <br />remedy shall be to terminate the Lease upon 30 days prior written notice to Lessor. If Lessor elects <br />to restore the Leased Premises (excluding any Alterations and/or other improvements constructed <br />by Lessee), it will give Lessee its reasonable estimation of the time it will take to restore the Leased <br />Premises. If in Lessor's reasonable estimation, the Leased Premises cannot be restored within two <br />hundred forty (240) days of such damage or destruction, then either party may terminate this Lease <br />by written notice to the other party. Subsequent to Lessor's determination to restore the Leased <br />Premises as set forth herein, and until such restoration of the Leased Premises is complete, there <br />shall be an abatement of the Base Rent. If all or part of the Leased Premises may be used by <br />Lessee for the purposes set forth in this Lease during the period of such restoration, there will be <br />no abatement of Base Rent. In addition, if the damage or destruction was caused by or increased <br />in any way by the acts or failure to act of Lessee, its employees, agents, invitees, visitors, <br />customers, assignees, sublessees, contractors or subcontractors, then Lessee shall be solely <br />responsible for promptly returning the Leased Premises to their former condition and there will be <br />no abatement of Base Rent. <br />20. Default <br />12 <br />