DISPOSITION OF PERSONAL PROPERTY AND PERMANENT IMPROVEMENTS OTHER THAN SITE DEVELOPMENT MATERIALS Clause Samples

DISPOSITION OF PERSONAL PROPERTY AND PERMANENT IMPROVEMENTS OTHER THAN SITE DEVELOPMENT MATERIALS. (1) Unless the Borough otherwise directs under (3) of this section, when this Sublease expires, terminates or is cancelled and is neither extended nor followed by a successive sublease, the departing Sublessee may do one or more of the following: (a) remove Sublessee-owned Permanent Improvements from the Sublease Premises, remediate any Contamination for which the Sublessee is responsible, and restore the Sublease Premises to a clean and neat physical condition acceptable to the Borough within 60 days after the expiration, cancellation, or termination date of this Sublease; (b) sell Sublessee-owned Permanent Improvements to the succeeding Sublessee, remove all personal property, remediate any Contamination for which the Sublessee is responsible and leave the Sublease Premises in a clean and neat physical condition acceptable to the Borough within 60 days after notice from the Borough that the Borough has approved an application for a lease of the Sublease Premises by another person or such longer period specified in the notice, but in no event more than 180 days after the expiration, termination, or cancellation date of this Sublease; (2) If the Sublessee shows good cause to the Borough, and if it is not inconsistent with the best interest of the Borough, the Borough will grant an extension of time that is sufficient to allow the Sublessee to remove or sell Sublessee-owned Permanent Improvements, remediate any Contamination for which the Sublessee is responsible and to restore the Sublease Premises to a clean and neat physical condition acceptable to the Borough under this section. (3) The Borough will, by written notice, direct the departing Sublessee to remove Sublessee-owned Permanent Improvements from the Sublease Premises, to remediate, consistent with applicable law, any Contamination for which a lessee is responsible under 17 AAC 45 and to restore the Sublease Premises to a clean and neat physical condition acceptable to the Borough if the Borough determines in writing: (a) that the continued presence of the Permanent Improvements on the Sublease Premises are not consistent with either (i) the applicable provisions of any statute or regulation, including any relating to noise or airport land use; or (ii) any written airport program or plan required for compliance with applicable federal or state law; (b) that the continued presence of the Permanent Improvements on the Sublease Premises is not in the best interest of the Borough; or (c) that the Perm...