SHALL BE USED AND
OCCUPIED BY LESSEE ONLY FOR THE OPERATION OF AN ETHANOL PRODUCTION FACILITY,
INCLUDING THE PRODUCTION, STORAGE AND SHIPMENT (BY TRUCK, RAILROAD, BARGE,
PIPELINE AND OTHER MEANS OF TRANSPORTATION) OF ETHANOL AND ETHANOL RELATED
PRODUCTS AND BY PRODUCTS, AND FOR RELATED OFFICES, STORAGE TANKS, STORAGE
FACILITIES AND OTHER FACILITIES INCIDENTAL TO SUCH ACTIVITY, IN ACCORDANCE WITH
THE DESCRIPTION SET FORTH ON EXHIBIT F (THE "PERMITTED USES").
LESSEE SHALL
COMPLY WITH ALL LAWS, ORDERS, RULES AND REGULATIONS IN CARRYING OUT SUCH
PERMITTED USES.
THE LEASED PREMISES MAY NOT BE USED FOR ANY OTHER PURPOSE
WITHOUT THE COMMISSION'S PRIOR WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD IN
THE COMMISSION'S SOLE DISCRETION.
IF LESSEE SHALL MATERIALLY ALTER ITS METHOD
OF PRODUCING ETHANOL FROM THAT DESCRIBED IN EXHIBIT F, LESSEE SHALL NOTIFY THE
COMMISSION PRIOR TO SUCH MODIFICATION AND THE COMMISSION MAY IMPOSE REASONABLE
CONDITIONS ON THE USE OF THE LEASED PREMISES FOR SUCH ALTERNATE METHOD.
LESSEE
SHALL NOT ABANDON THE LEASED PREMISES AT ANY TIME DURING THE DEMISED TERM.
IF
LESSEE SHALL ABANDON OR SURRENDER THE LEASED PREMISES, OR BE DISPOSSESSED BY
PROCESS OF LAW, OR OTHERWISE, ANY PERSONAL PROPERTY BELONGING TO LESSEE AND LEFT
ON THE LEASED PREMISES FOR MORE THAN NINETY (90) DAYS SHALL BE DEEMED TO BE
ABANDONED, AT THE OPTION OF THE COMMISSION.
LESSEE COVENANTS AND AGREES THAT IT
WILL USE, MAINTAIN AND OCCUPY THE LEASED PREMISES IN A CAREFUL, SAFE AND LAWFUL
MANNER.
14
SECTION 5.02.
MAINTENANCE OF LEASED PREMISES.
LESSEE SHALL, AT ITS
SOLE COST AND EXPENSE, KEEP THE LEASED PREMISES, INCLUDING, BUT NOT LIMITED TO,
THE ENTIRE INTERIOR AND EXTERIOR OF ALL IMPROVEMENTS AT ANY TIME LOCATED
THEREON, ALL STRUCTURAL COMPONENTS AND MECHANICAL SYSTEMS, THE PARKING AREAS,
LANDSCAPED AREAS, LAWNS, AND ALL OTHER PORTIONS OF THE LEASED PREMISES IN GOOD
CONDITION AND REPAIR AND IN GOOD OPERATING CONDITION AND IN A CLEAN AND SIGHTLY
CONDITION.
THE COMMISSION SHALL HAVE NO REPAIR OR MAINTENANCE OBLIGATIONS
CONCERNING THE LEASED PREMISES.
SECTION 5.03.
UTILITY CHARGES.
LESSEE AGREES TO PAY ALL CHARGES FOR
SEWER, TRASH REMOVAL, WATER, GAS, ELECTRICITY, TELEPHONE AND ALL OTHER UTILITY
SERVICES USED UPON THE LEASED PREMISES THROUGHOUT THE DEMISED TERM, INCLUDING
ANY AND ALL TAP-IN FEES AND ALL COSTS AND EXPENSES INCURRED IN EXTENDING ANY
UTILITY SERVICE TO THE LEASED PREMISES FROM THE POINT PROVIDED BY THE UTILITY
COMPANY, AND TO INDEMNIFY AND HOLD THE COMMISSION HARMLESS FROM ANY AND ALL
LIABILITY RESULTING FROM ANY NON-PAYMENT FOR ANY SUCH SERVICES.
LESSEE SHALL
ABIDE BY ALL REQUIREMENTS OF ANY UTILITY PROVIDING SERVICE TO LESSEE, AND LESSEE
SHALL INDEMNIFY AND HOLD THE COMMISSION HARMLESS FROM ANY AND ALL LIABILITY,
COST AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY THE
COMMISSION AS A RESULT OF LESSEE'S USE OF ANY UTILITIES.
ARTICLE VI
PAYMENT OF TAXES AND ASSESSMENTS
SECTION 6.01.
IMPOSITIONS.
LESSEE SHALL PAY OR CAUSE TO BE PAID, ALL
REAL PROPERTY TAXES, PERSONAL PROPERTY TAXES AND OTHER TAXES, ASSESSMENTS,
INCLUDING ANY ASSESSMENTS AND OTHER CHARGES PROVIDED FOR IN THE DECLARATION;
WATER AND SEWER CHARGES, LEVIES,