SO AS NOT TO INTERFERE WITH
LESSEE'S OPERATIONS.
SECTION 12.02.
EXHIBITION OF LEASED PREMISES.
DURING THE LAST SIX (6)
MONTHS OF THE DEMISED TERM, THE COMMISSION MAY, UPON REASONABLE NOTICE AND
DURING NORMAL BUSINESS HOURS, ENTER UPON THE LEASED PREMISES FOR THE PURPOSE OF
EXHIBITING THE SAME TO PROSPECTIVE LESSEES, OPERATORS OR PURCHASERS.
AT ANY
TIME DURING THE DEMISED TERM, UPON REASONABLE NOTICE TO LESSEE, THE COMMISSION
SHALL HAVE THE RIGHT TO ENTER UPON THE LEASED PREMISES FOR THE PURPOSE OF
EXHIBITING THE SAME TO PROSPECTIVE PURCHASERS OR MORTGAGEES.
SECTION 12.03.
EXERCISE OF RIGHTS.
THE PARTIES STIPULATE AND AGREE THE
ENTRY BY THE COMMISSION UPON THE LEASED PREMISES PERMITTED BY THIS SECTION SHALL
NEVER BE DEEMED A TRESPASS UPON THE LEASED PREMISES OR A CONSTRUCTIVE EVICTION
OF LESSEE THEREFROM.
35
ARTICLE XIII
THE COMMISSION'S COVENANTS AND WARRANTIES
SECTION 13.01.
COMMISSION'S COVENANT OF QUIET ENJOYMENT.
THE COMMISSION
COVENANTS AND AGREES THAT LESSEE, UPON PAYING THE BASIC RENT, MINIMUM GUARANTEED
WHARFAGE, IMPOSITIONS, PORT TARIFF CHARGES AND ALL OTHER CHARGES HEREIN PROVIDED
FOR AND OBSERVING AND KEEPING THE COVENANTS, AGREEMENTS AND CONDITIONS OF THIS
LEASE ON ITS PART TO BE KEPT AND PERFORMED, MAY LAWFULLY AND QUIETLY HOLD,
OCCUPY AND ENJOY THE LEASED PREMISES DURING THE DEMISED TERM IN ACCORDANCE WITH
THE PROVISIONS HEREOF.
SECTION 13.02.
USE OF PUBLIC FACILITIES.
LESSEE SHALL HAVE THE
NON-EXCLUSIVE RIGHT TO USE ALL PUBLIC WHARVES, DOCKS AND RELATED FACILITIES
EXISTING AT THE PORT OR WHICH MAY HEREAFTER BE ADDED, SUBJECT TO (I) ANY
PREFERENTIAL OR EXCLUSIVE RIGHTS GIVEN BY THE COMMISSION TO OTHERS SET FORTH IN
EXHIBIT G HERETO (PROVIDED THAT THE COMMISSION SHALL NOT AMEND OR OTHERWISE
MODIFY ANY SUCH PREFERENTIAL OR EXCLUSIVE RIGHTS IN ANY WAY, OR GRANT ANY
ADDITIONAL PREFERENTIAL OR EXCLUSIVE RIGHTS THAT WOULD, HAVE A MATERIAL ADVERSE
EFFECT ON LESSEE'S USE OR OPERATION OF THE PROJECT), (II) THE RIGHTS OF ANY
OPERATOR THEREOF (PROVIDED THAT ANY SUCH OPERATOR SHALL TAKE AND OPERATE SUBJECT
TO THE PROVISIONS OF THIS LEASE), AND (III) THE PROVISIONS OF SECTION 3.03,
3.04, 4.04
AND 8.07 HEREOF.
IN CONNECTION WITH ITS USE OF SUCH PUBLIC
FACILITIES, LESSEE SHALL COOPERATE WITH THE TENANTS AND USERS OF SUCH PUBLIC
FACILITIES AND NOT IMPAIR THEIR ABILITY TO USE SUCH PUBLIC FACILITIES IN A
TIMELY AND EFFICIENT MANNER.
SECTION 13.03.
PUBLIC FACILITIES.
THE COMMISSION SHALL USE REASONABLE
EFFORTS, UTILIZING EXISTING INFRASTRUCTURE, TO PROVIDE RAIL AND ROAD ACCESS TO
THE LEASED PREMISES. NOTWITHSTANDING THE FOREGOING, LESSEE AGREES TO INDEMNIFY
AND HOLD THE COMMISSION HARMLESS FROM ANY AND ALL DAMAGE OR INJURY RESULTING
FROM LESSEE'S LOADING, UNLOADING AND ANY OTHER USE OF THE DOCKS, WHARVES,
BERTHS, CHANNELS, WATERWAYS, ROADS AND RAIL TRACKS.
THE COMMISSION DOES NOT
GUARANTY RAIL SERVICE TO THE PORT AND/OR THE LEASED PREMISES.
SECTION 13.04.
DEFAULT BY THE COMMISSION.
IN THE EVENT THE COMMISSION
SHALL FAIL TO COMPLY WITH AND PERFORM ITS OBLIGATIONS UNDER THIS LEASE, OR
COMMENCE TO COMPLY WITH AND PERFORM AND DILIGENTLY PROCEED, WITHIN SIXTY (60)
DAYS AFTER WRITTEN NOTICE THEREOF HAS BEEN GIVEN TO THE COMMISSION