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person (including, without limitation,Lessor,Lessee,or any employee of Lessor or Lessee) (i)for
<br /> personal injury or property damage caused to any person while on or about the Premises, or (ii)
<br /> arising from or related to any use of the Premises by Lessee or any invitee or licensee of Lessee,
<br /> any act or omission of Lessee, its officers, agents, employees, licensees or invitees, or any breach
<br /> of this Lease by Lessee.
<br /> B. The foregoing release and indemnity shall apply regardless of any negligence,
<br /> misconduct or strict liability of any Indemnified Party, except that the indemnity, only, shall not
<br /> apply to any Loss determined by final order of a court of competent jurisdiction to have been caused
<br /> by the sole active direct negligence of any Indemnified Party.
<br /> C. Where applicable to the Loss, the liability provisions of any contract between
<br /> Lessor and Lessee covering the carriage of shipments or trackage serving the Premises shall govern
<br /> the Loss and shall supersede the provisions of this Section 12.
<br /> D. No provision of this Lease with respect to insurance shall limit the extent of the
<br /> release and indemnity provisions of this Section 12.
<br /> Section 13. TERMINATION.
<br /> A. Lessor may terminate this Lease for Lessee's default by giving Lessee notice of
<br /> termination,if Lessee(i)defaults under any obligation of Lessee under this Lease and,after written
<br /> notice is given by Lessor to Lessee specifying the default, Lessee fails either to immediately
<br /> commence to cure the default, or to complete the cure expeditiously but in all events within thirty
<br /> (30) days after the default notice is given,or(ii)Lessee abandons the Premises for a period of one
<br /> hundred twenty(120)consecutive days.
<br /> B. Notwithstanding the terms of this Lease set forth in Article II, Lessor or Lessee
<br /> may terminate this Lease without cause upon thirty (30) day's written notice to the other party;
<br /> provided,however,that at Lessor's election,no such termination by Lessee shall be effective unless
<br /> and until Lessee has vacated and restored the Premises as required in Section 15A, at which time
<br /> Lessor shall refund to Lessee, on a pro rata basis, any unearned rental paid in advance.
<br /> Notwithstanding anything to the contrary in this Lease,if Lessee has not complied with the
<br /> requirements of Section 15 A,this Lease,together with all terms contained herein(including
<br /> payment of rent) will remain in effect until the requirements of Section 15A are met,unless
<br /> Lessor,in its sole discretion,elects to terminate this Lease.
<br /> Section 14. LESSOR'S REMEDIES.
<br /> Lessor's remedies for Lessee's default are to(a)enter and take possession of the Premises,
<br /> without terminating this Lease,and relet the Premises on behalf of Lessee,collect and receive the rent from
<br /> reletting, and charge Lessee for the cost of reletting, and/or (b) terminate this Lease as provided in
<br /> Section 13 above and sue Lessee for damages,and/or(c)exercise such other remedies as Lessor may have
<br /> at law or in equity. Lessor may enter and take possession of the Premises by self-help,by changing locks,
<br /> if necessary, and may lock out Lessee,all without being liable for damages.
<br /> Section 15. VACATION OF PREMISES; REMOVAL OF LESSEE'S PROPERTY
<br /> A. Upon termination howsoever of this Lease, Lessee (i) shall have peaceably and
<br /> quietly vacated and surrendered possession of the Premises to Lessor, without Lessor giving any
<br /> notice to quit or demand for possession, and (ii) shall have removed from the Premises all
<br />
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