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<br />e <br /> <br />e <br /> <br />. <br /> <br />-10- <br /> <br />leased premises. The failure of the LESSOR to insist in anyone <br /> <br />or more instances upon performance of any of the terms or condi- <br /> <br />tions of this lease shall not be construed as a waiver or <br /> <br />relinquishment of the future performance of any such term or <br />condition. <br /> <br />XXI. <br /> <br />Upon the termination of this lease~ and any extensions <br />thereof under the options herein expressly provided (which termi- <br />nation is not by reason of failure on the part of the LESSEE to <br /> <br />perform any of the terms~ agreements~ conditions and covenants <br />,~ imposed by this lease), it is understood and agreed between the <br />parties that theirrights~ as to any permanent improvements <br />erected on the field by LESSEE~ shall be as follows: <br /> <br />Any permanent improvements erected on the leased <br /> <br />premises by LESSEE shall be the property of LESSEE. It is <br />further agreed that LESSOR shall have a first option: to purchase <br />said improvements from LESSEE. For the purpose of arriving at <br />the value of such improvements for sale purposes~ LESSEE and <br />LESSOR shall each select an Arbiter~ and such two arbiters shall <br /> <br />select a third~ and such three arbiters shall agree upon a <br />purchase-sale price for said improvements. If LESSOR does not <br />e exercise its option to purchase said improvements~ LESSEE shall <br />have the right to sell said improvements to other parties. Any <br />expenses incident to the conduct of such arbitration shall be <br />borne equally by LESSEE and LESSOR. <br />XXII. <br />LESSOR covenants that LESSOR has good right and lawful <br /> <br />.'- <br />'. <br />