COMMISSION A WRITTEN REPORT SUMMARIZING LESSEE'S PERFORMANCE AND
CONTRIBUTIONS TO THE ACCOMPLISHMENT OF THE FOREGOING PUBLIC POLICIES AND
OBJECTIVES.
LESSEE ALSO SHALL MAKE AVAILABLE UPON REASONABLE REQUEST, FOR
INSPECTION BY THE COMMISSION OR ITS DULY AUTHORIZED REPRESENTATIVES, ALL
RECORDS, STATISTICS AND FINANCIAL DATA CONCERNING LESSEE'S OPERATIONS AT THE
PORT, PROVIDED, HOWEVER, ANY INFORMATION CONCERNING CHARGES TO CUSTOMERS, WHICH
IS MARKED CONFIDENTIAL BY LESSEE, SHALL BE KEPT CONFIDENTIAL BY THE COMMISSION
TO THE EXTENT ALLOWED BY LAW.
THE COMMISSION WILL ADVISE LESSEE AS TO THE
RESULTS OF THE COMMISSION'S REVIEW, AND SPECIFICALLY AS TO ANY AREAS OF CONCERN
REQUIRING IMPROVEMENT.
46
SECTION 17.04.
RESPONSE.
IN THE EVENT THE COMMISSION DETERMINES THAT
LESSEE'S PERFORMANCE WITH RESPECT TO THE MATTERS COVERED BY THE REVIEW IS
UNSATISFACTORY, THE COMMISSION SHALL GIVE LESSEE WRITTEN NOTICE THEREOF.
LESSEE
SHALL HAVE THE RIGHT TO RESPOND THERETO IN WRITING WITHIN TWENTY (20) CALENDAR
DAYS, SETTING FORTH ANY EXPLANATION OR
MITIGATING FACTORS OR CONSIDERATIONS, AS
WELL AS LESSEE'S PROPOSED CORRECTIVE ACTION, IF ANY.
LESSEE ALSO SHALL HAVE THE
OPPORTUNITY, ALONG WITH ANY OTHER INTERESTED PARTIES, TO ADDRESS SUCH ISSUES
WITH THE COMMISSION AT THE COMMISSION'S NEXT MONTHLY MEETING, AFTER WHICH THE
COMMISSION SHALL DETERMINE WHAT, IF ANY, ACTION IT WILL TAKE.
SECTION 17.05.
DEFAULT.
IF THE COMMISSION DETERMINED THAT LESSEE'S
EXPLANATION AND PROPOSED CORRECTIVE ACTION ARE INADEQUATE AND THAT CONTINUANCE
OF THIS LEASE WOULD NOT BE IN THE PUBLIC INTEREST, THE COMMISSION MAY DECLARE
LESSEE TO BE IN DEFAULT HEREUNDER (REFERRED TO HEREIN AS A "PUBLIC POLICY
DEFAULT").
IN SUCH CASE, THE COMMISSION SHALL SO NOTIFY LESSEE IN WRITING,
STATING THE COMMISSION'S DETERMINATION AND THE GROUNDS THEREFOR.
UPON THE
OCCURRENCE OF A PUBLIC POLICY DEFAULT, THE COMMISSION SHALL HAVE THOSE REMEDIES
SET FORTH IN SECTION 11.02 HEREOF, PROVIDED, HOWEVER, THE COMMISSION MAY ONLY
TERMINATE THIS LEASE DUE TO A DEFAULT UNDER THIS ARTICLE XVII IN ACCORDANCE WITH
THE FOLLOWING PROVISIONS.
IN THE EVENT THE COMMISSION WANTS TO TERMINATE THIS
LEASE, THE COMMISSION SHALL PROVIDE WRITTEN NOTICE TO LESSEE.
IF LESSEE
DISPUTES SUCH TERMINATION, IT SHALL PROVIDE WRITTEN NOTICE OF SAME TO THE
COMMISSION WITHIN FIFTEEN (15) DAYS OF THE EFFECTIVE DATE OF THE COMMISSION'S
NOTICE OF TERMINATION.
IF LESSEE PROVIDES TIMELY NOTICE TO THE COMMISSION, THE
COMMISSION, IN ORDER TO TERMINATE THE LEASE FOR A PUBLIC POLICY DEFAULT, MUST
SEEK AND OBTAIN A JUDICIAL DECREE THAT A PUBLIC POLICY DEFAULT HAS OCCURRED.
SUCH DECREE MAY ALSO CONTAIN A JUDGMENT TERMINATING THIS LEASE.
SUCH DECREE
SHALL BE SUBJECT TO APPEAL PURSUANT TO INDIANA LAW AND PROCEDURE, AND SUCH
TERMINATION SHALL BE SUSPENDED PENDING THE RESULTS OF ANY SUCH APPEAL.
ARTICLE XVIII
GENERAL PROVISIONS
SECTION 18.01.
FUTURE EXPENSES AND INTERST RATE.
(A)
LESSEE SHALL REIMBURSE THE COMMISSION FOR THE COMMISSION'S
REASONABLE COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES OF GENERAL
AND/OR SPECIAL COUNSEL, INCURRED IN CONNECTION WITH THE PREPARATION OF ANY
FUTURE AMENDMENT, MODIFICATION OR REVISION OF THIS LEASE, OR FOR THE PREPARATION
OF ANY AGREEMENT RELATED HERETO THAT IS REQUESTED BY LESSEE.
SUCH COSTS AND
EXPENSES SHALL CONSTITUTE ADDITIONAL