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~ « . • <br />~ . •, .. .~-:z <br />'• . <br />of City with respect to the droppiny by State or its agents, employees or con- <br />tractors, of any objects or substances, including paint, from sai~ overhead <br />structure shall be effective only where City has been given reasonable advance <br />oral or written notice of State's intention to perform work on said overhead <br />structure and the period of time during which such work will be perfonned. State <br />shall in no event bE liable for any damage to property, or injury to or death of <br />any person, occurring or arising on the premises from any cause whatsoever. <br />15. City shall not use the premises for any unlawful purpose whatsoever. <br />16. State specifically reserves the right to enter and occupy the premises <br />upon failure of City to comply with any provision of this lease. State also <br />reserves the right to enter the premises for purposes of inspection and to deter- <br />mine whether City is complying with the provisions of this lease; to perform <br />acts i.ecessary or proper for the protection, preservation, maintenance, recon- <br />struction and operation of State's overhead structure and piers; and to perform <br />acts necessary or proper in connection with hiqhway construction or maintenance. <br />State also reserves the right to enter and take possession of the premises in <br />case of national or other emergency for the purpose of preventing sabotage and <br />otherwise protecting the overhead structure; in such event the leasing period shall <br />be extended for a period equal to the emergency occupation by State, and during <br />such emergency occupation City shall be relieved from the obligation to comply <br />with the provisions of this lease. <br />17. City shall not assiqn this lease or sublet the premises without the prior <br />written consent of State and the U.S. Department of Transportation, and any attempt <br />to assign or sublet without saic. written consent shall be void and shall be grounds <br />for termination of this lease at the option of State. <br />18. No access shall be allowed from the premises to State's overhead structure. <br />The use of the air-space zone under the overhead structure, extending downward a <br />distance of eight feet from the un3erside of said overhead structure, is prohibited. <br />19. State hereby covenants and agrees with City that City, complying with all <br />provisions of this lease, shall at all times during the leasing period peaceably <br />and quietly have, hold and enjoy the premises, without suit, trouble or hindrance <br />from State, but if City should breach or fail to comply with any provision of this <br />lease, or if City discontinues use of the leased premises for more than a con- <br />tinuous 60-day period, said act or acts of omission or commission may at the option <br />of State constitute a forfeiture of all rights under, the voiding of and the <br />termination of this lease. The further occupancy of the premises after such for- <br />feiture by City shall be deemed a forcible detainer thereof by City, and State may <br />without notice re-enter and take possession of the premises, and may, with or without <br />force, and with or without legal process, evict and dispossess City from the <br />premises. If any suit, action or proceeding is brought by State against City for <br />the breach of any provision of this lease by City, or if any suit, action or pro- <br />ceeding is brought by State for forfeiture of this lease or to recover possession <br />of the premises, City agrees to pay reasonable attorney's fees and costs for <br />commencing and prosecutinq such suit, action or proceeding in any amount which <br />shall be ascertained and fixed by the court. <br />- 7- <br />