SUCH UNCURED DEFAULTS AND EVENTS OF DEFAULT STATING THE
NATURE OF SUCH UNCURED DEFAULTS AND EVENTS OF DEFAULT; AND (C) THE CORRECTNESS
OF SUCH OTHER INFORMATION RESPECTING THE STATUS OF THIS LEASE AS MAY BE
REASONABLY REQUIRED BY THE PARTY REQUESTING THE ESTOPPEL CERTIFICATE.
A PARTY'S
FAILURE TO SO EXECUTE AND DELIVER AN ESTOPPEL CERTIFICATE WITHIN TEN (10)
BUSINESS DAYS FOLLOWING WRITTEN REQUEST AS REQUIRED ABOVE SHALL BE CONCLUSIVE
UPON SUCH FAILING PARTY THAT AS OF THE DATE OF SAID REQUEST FOR THE SAME (I)
THAT THIS LEASE IS IN FULL FORCE AND EFFECT, WITHOUT MODIFICATION EXCEPT AS MAY
BE REPRESENTED BY THE REQUESTING PARTY, (II) THAT THERE ARE NO UNCURED DEFAULTS
OR EVENTS OF DEFAULT HEREUNDER ON THE PART OF THE FAILING PARTY, AND THAT TO THE
KNOWLEDGE OF THE FAILING PARTY THERE ARE NO UNCURED DEFAULTS OR EVENTS OF
DEFAULT HEREUNDER ON THE PART OF THE OTHER PARTY, EXCEPT AS MAY BE REPRESENTED
BY THE REQUESTING PARTY IN SUCH REQUEST, AND (III) THAT NO BASIC RENT HAS BEEN
PAID IN ADVANCE EXCEPT AS MAY BE REPRESENTED BY THE REQUESTING PARTY.
45
ARTICLE XVII
PUBLIC POLICY
SECTION 17.01.
POLICIES AND OBJECTIVES.
AS A PUBLIC BODY, THE COMMISSION
IS CHARGED TO MAINTAIN AND OPERATE THE PORT AT ALL TIMES IN A MANNER PROMOTING
AND BENEFITING THE PUBLIC INTEREST, INCLUDING MAXIMIZING THE PUBLIC'S USE OF THE
PORT'S FACILITIES BY ENSURING THE PROVISION OF COST EFFECTIVE AND PRODUCTIVE
SERVICES TO ALL POTENTIAL USERS, AND PROMOTING EMPLOYMENT IN THE REGIONS
SURROUNDING THE PORT, AND THE COMMISSION HAS THE OBJECTIVES TO MAKE THE PORT THE
LEADING PORT IN THE SOUTHWESTERN INDIANA MARKETPLACE AND TO MAXIMIZE REVENUE TO
THE COMMISSION FROM THE USE OF THE FACILITIES.
SECTION 17.02.
LESSEE OBLIGATIONS.
LESSEE UNDERSTANDS AND SUPPORTS THE
COMMISSION'S FOREGOING PUBLIC POLICIES AND OBJECTIVES.
IN FURTHERANCE THEREOF,
LESSEE HEREBY AGREES TO:
(A)
PROMOTE COMMERCE AT THE PORT AND FOSTER THE CREATION OF EMPLOYMENT
WITHIN THE REGION BY OPERATING AS EFFICIENTLY AS POSSIBLE, AND AT A REASONABLE,
COMPETITIVE COST TO SHIPPERS AND CONSIGNEES;
(B)
CREATE A FAVORABLE ENVIRONMENT FOR THE PROMOTION OF COMMERCE AT
THE PORT THROUGH ATTENTION TO INCREASED CUSTOMER SERVICE LEVELS AND
PRODUCTIVITY;
(C)
COOPERATE FULLY WITH THE COMMISSION IN ITS EFFORTS TO
MAXIMIZE
COMMERCE AT THE PORT;
(D)
FOSTER HARMONIZATION OF EMPLOYEE-MANAGEMENT RELATIONS THROUGHOUT
THE PORT;
(E)
PROMOTE SYNERGIES BETWEEN LESSEE'S OPERATIONS AND OTHER MARITIME
AND INDUSTRIAL FACILITIES AT THE PORT; AND
(F)
COOPERATE WITH OTHER OPERATORS AT THE PORT AND AVOID UNPRODUCTIVE
FORMS OF INTRA-PORT RIVALRY.
To the extent there are specific provisions of this Lease concerning (a) - (f)
above, (a) - (f) above shall be applied consistent with such specific provisions
of this Lease.
SECTION 17.03.
LESSEE'S REVIEW.
THE COMMISSION SHALL HAVE THE RIGHT TO
CONDUCT PERIODIC REVIEWS OF LESSEE'S ADHERENCE TO THE FOREGOING COMMITMENTS AND
PROMOTION OF THE COMMISSION'S PUBLIC POLICIES AND OBJECTIVES (THE "REVIEW").
TO
ASSIST THE COMMISSION IN CONDUCTING THIS REVIEW, AND WITHIN THIRTY (30) CALENDAR
DAYS AFTER RECEIPT OF WRITTEN NOTICE FROM THE COMMISSION, LESSEE SHALL PROVIDE
THE