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structures, property and other materials not belonging to Lessor, including all personal property
<br /> and restored the surface to as good a condition as the same was in before such structures were
<br /> erected,including,without limitation,the removal of foundations,the filling in of excavations and
<br /> pits, and the removal of debris and rubbish.
<br /> B. If Lessee has not completed such removal and restoration prior to termination of
<br /> this Lease, Lessor may, at its election, and at any time or times, (i) perform the work and Lessee
<br /> shall reimburse Lessor for the cost thereof within thirty(30)days after bill is rendered,(ii)take title
<br /> to all or any portion of such structures or property by giving notice of such election to Lessee,
<br /> and/or(iii)treat 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 a.m. to 9:00 p.m.,
<br /> Central Time, Monday through Fridays, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day
<br /> number for emergency calls)to determine if fiber optic cable is buried on the Premises. Lessor may change
<br /> the telephone number and hours of operation by giving Lessee notice of the change. If cable is buried on
<br /> the Premises,Lessee will telephone the telecommunications company(ies),arrange for a cable locator,and
<br /> make arrangements for relocation or other protection of the cable. Notwithstanding compliance by Lessee
<br /> with this Section 16, the release and indemnity provisions of Section 12 above shall apply fully to any
<br /> damage or destruction of any telecommunications system.
<br /> Section 17. NOTICES.
<br /> Any notice, consent or approval to be given under this Lease shall be in writing, and
<br /> personally served,sent by facsimile to(402)501-0340,by email or by reputable courier service,or sent by
<br /> certified mail, postage prepaid, return receipt requested, to Lessor at: Union Pacific Railroad Company,
<br /> Attn: AVP - Real Estate, Real Estate Department, 1400 Douglas Street, Stop 1690, Omaha, Nebraska
<br /> 68179; and to Lessee at the above address, or such other address as a party may designate in notice given
<br /> to the other party. Mailed notices shall be deemed served five (5) days after deposit in the U.S. Mail.
<br /> Notices which are faxed, emailed, are personally served or sent by courier service shall be deemed served
<br /> upon receipt.
<br /> Section 18. ASSIGNMENT.
<br /> A. Lessee shall not sublease the Premises,in whole or in part,or assign,encumber or
<br /> transfer (by operation of law or otherwise) this Lease, without the prior consent of Lessor, which
<br /> consent may be denied at Lessor's sole and absolute discretion. Any purported transfer or
<br /> assignment without Lessor's consent shall be void and shall be a default by Lessee.
<br /> B. Subject to this Section 18,this Lease shall be binding upon and inure to the benefit
<br /> of the parties hereto and their respective heirs,executors,administrators, successors and assigns.
<br /> Section 19. CONDEMNATION.
<br /> If, as reasonably determined by Lessor,the Premises cannot be used by Lessee because of
<br /> a condemnation or sale in lieu of condemnation,then this Lease shall automatically terminate. Lessor shall
<br /> be entitled to the entire award or proceeds for any total or partial condemnation or sale in lieu thereof,
<br /> including, without limitation, any award or proceeds for the value of the leasehold estate created by this
<br /> Lease. Notwithstanding the foregoing,Lessee shall have the right to pursue recovery from the condemning
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