Section 13. TERMINATION.
<br />A. Lessor may terminate this Lease for Lessee's default by givi
<br />termination, if Lessee (i) defaults under any obligation of Lessee under this Lease ar
<br />is given by Lessor to Lessee specifying the default, Lessee fails either to immediatf
<br />the default, or to complete the cure expeditiously but in all events within thirty (30)
<br />notice is given, or (ii) Lessee abandons the Premises for a period of one hundred twe
<br />days.
<br />B. Notwithstanding the terms of this Lease set forth in Article II,
<br />terminate this Lease without cause upon thirty (30) day's written notice to the
<br />however, that at Lessor's election, no such termination by Lessee shall be effe
<br />Lessee has vacated and restored the Premises as required in Section 15A, at w
<br />refund to Lessee, on a pro rata basis, any unearned rental paid in advance. Notwitl
<br />the contrary in this Lease, if Lessee has not complied with the requirements
<br />Lease, together with all terms contained herein (including payment of rent)
<br />until the requirements of Section 15A are met, unless Lessor, in its sole
<br />terminate this Lease.
<br />Section 14. LESSOR'S REMEDIES.
<br />Lessor's remedies for Lessee's default are to (a) enter and take posses
<br />without terminating this Lease, and relet the Premises on behalf of Lessee, collect
<br />from reletting, and charge Lessee for the cost of reletting, and/or (b) terminate this
<br />Section 13 above and sue Lessee for damages, and/or (c) exercise such other rem
<br />have at law or in equity. Lessor may enter and take possession of the Premises by si
<br />locks, if necessary, and may lock out Lessee, all without being liable for damages.
<br />Section 15. VACATION OF PREMISES; REMOVAL OF LESSEE'S Pl
<br />Lessee notice of
<br />after wr en notice
<br />;omme lce to cure
<br />s after he default
<br />(120) nsecutive
<br />sor or
<br />ssee may
<br />er party
<br />provided,
<br />,e unles
<br />and until
<br />i time L
<br />ssor shall
<br />nding a
<br />ything to
<br />Section
<br />5 A, this
<br />l remai
<br />in effect
<br />icretion
<br />elects to
<br />of th Premises,
<br />recei e the rent
<br />~ as firovided in
<br />as ssor may
<br />Jp, b changing
<br />A. Upon termination howsoever of this Lease, Lessee (i) shall have pe ceably d quietly
<br />vacated and surrendered possession of the Premises to Lessor, without Lessor giving y notic to quit or
<br />demand for possession, and (ii) shall have removed from the Premises all structures, propertand other
<br />materials not belonging to Lessor, including all personal property and restored the s rface to as good a
<br />condition as the same was in before such structures were erected, including, wit out lim ation, the
<br />removal of foundations, the filling in of excavations and pits, and the removal of debri and rub ish.
<br />B. If Lessee has not completed such removal and restoration prior to terminat n of this
<br />Lease, Lessor may, at its election, and at any time or times, (i) perform the wor and L ssee shall
<br />reimburse Lessor for the cost thereof within thirty (30) days after bill is rendered, (i') take ti e to all or
<br />any portion of such structures or property by giving notice of such election to Less e, and/oi- (iii) treat
<br />Lessee as a holdover tenant at will until such removal and restoration is completed.
<br />Section 16. FIBER OPTICS.
<br />Lessee shall telephone Lessor during normal business hours (7:00
<br />Central Time, Monday through Fridays, except for holidays) at 1-800-336-9193 (al
<br />number for emergency calls) to determine if fiber optic cable is buried on the Pre
<br />change the telephone number and hours of operation by giving Lessee notice of the
<br />buried on the Premises, Lessee will telephone the telecommunications company(ies),
<br />locator, and make arrangements for relocation or other protection of the cable
<br />a.m. to
<br />:00 p.m.,
<br />o a 24-
<br />ur, 7-day
<br />ises.
<br />ssor may
<br />hange.
<br />f cable is
<br />arrange
<br />or a cable
<br />Notw
<br />hstandinv
<br />93
<br />
|