Common use of Removal and Replacement; Lessor's Option to Purchase Clause in Contracts

Removal and Replacement; Lessor's Option to Purchase. The Lessee shall not remove from the Leased Property any one or more items of Tangible Personal Property (whether now owned or hereafter acquired), the fair market value of which exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), individually or ONE HUNDRED THOUSAND DOLLARS ($100,000.00) collectively, except if such Tangible Personal Property is simultaneously suitably replaced or the Lessee provides the Lessor with an explanation (reasonably satisfactory to the Lessor) as to why such Tangible Personal Property is no longer required in connection with the operation of the Leased Property. At its sole cost and expense, the Lessee shall restore the Leased Property to the condition required by Article 8, including repair of all damage to the Leased Property caused by the removal of the Tangible Personal Property, whether effected by the Lessee or the Lessor. Upon the expiration or earlier termination of this Lease, the Lessor shall have the option, which may be exercised prior to or within sixty (60) days following such expiration or termination, of (a) acquiring the Tangible Personal Property (pursuant to a xxxx of sale and assignments of any equipment leases, all in such forms as are reasonably satisfactory to the Lessor) upon payment of its book value (the Lessee's cost, minus depreciation), but not in excess of its fair market value or (b) requiring the Lessee to remove the Tangible Personal Property. If the Lessor exercises its option to purchase the Tangible Personal Property, the price to be paid by the Lessor shall be (i) reduced by the amount of all payments due on any equipment leases or any other Permitted Prior Security Interests assumed by the Lessor and (ii) applied to the Lease Obligations before any payment to the Lessee. If the Lessor requires the removal of the Tangible Personal Property, then all of the Tangible Personal Property that is not removed by the Lessee within ten (10) days following such request shall be considered abandoned by the Lessee and may be appropriated, sold, destroyed or otherwise disposed of by the Lessor upon first giving notice thereof to the Lessee, without any payment to the Lessee and without any obligation to account therefor.

Removal and Replacement; Lessor's Option to Purchase. The Lessee shall not remove from the Leased Property any one or more items of Tangible Personal Property (whether now owned or hereafter acquired), the fair market value of which exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), individually or ONE HUNDRED THOUSAND DOLLARS ($100,000.00) collectively, except if such Tangible Personal Property is simultaneously suitably replaced or the Lessee provides the Lessor with an explanation (reasonably satisfactory necessary to the Lessor) as to why such Tangible Personal Property is no longer required in connection with enable the operation of the Leased PropertyFacility in accordance with the requirements of this Lease for the Primary Intended Use. At its sole cost and expense, the Lessee shall restore the Leased Property to the condition required by Article 8, including repair of all damage to the Leased Property caused by the removal of the Tangible Personal Property, whether effected by the Lessee or the Lessor. Upon the expiration or earlier termination of this Lease, the Lessor shall have the option, which may be exercised by giving notice thereof within twenty (20) days prior to or within sixty (60) days following such expiration or termination, of (a) acquiring the Tangible Personal Property (pursuant to a xxxx of sale and assignments of any equipment leases, all in such forms as are reasonably satisfactory to the Lessor) upon payment of its book value (the Lessee's cost, minus depreciation), but not in excess of its fair market value or (b) requiring the Lessee to remove the Tangible Personal Property. If the Lessor exercises its option to purchase the Tangible Personal Property, the price to be paid by the Lessor shall be (i) reduced by the amount of all payments due on any equipment leases or any other Permitted Prior Security Interests assumed by the Lessor and (ii) applied to the Lease Obligations before any payment to the Lessee. If the Lessor requires the removal of the Tangible Personal Property, then all of the Tangible Personal Property that is not removed by the Lessee within ten (10) days following such request shall be considered abandoned by the Lessee and may be appropriated, sold, destroyed or otherwise disposed of by the Lessor upon without first giving notice thereof to the Lessee, without any payment to the Lessee and without any obligation to account therefor.

Removal and Replacement; Lessor's Option to Purchase. The Lessee shall not remove from the Leased Property any one or more items of Tangible Personal Property (whether now owned or hereafter acquired), the fair market value of which exceeds TWENTYTHIRTY-FIVE THOUSAND DOLLARS ($25,00035,000), individually or ONE HUNDRED FIFTY THOUSAND DOLLARS ($100,000.00150,000.00) collectively, except if such Tangible Personal Property is simultaneously suitably replaced or the Lessee provides the Lessor with an explanation (reasonably satisfactory to the Lessor) as to why such Tangible Personal Property is no longer required in connection with the operation of the Leased Property. At its sole cost and expense, the Lessee shall restore the Leased Property to the condition required by Article 8, including repair of all damage to the Leased Property caused by the removal of the Tangible Personal Property, whether effected by the Lessee or the Lessor. Upon the expiration or earlier termination of this Lease, the Lessor shall have the option, which may be exercised prior to or within sixty (60) days following such expiration or termination, of (a) acquiring the Tangible Personal Property (pursuant to a xxxx of bill xx sale and assignments of any equipment leases, all in such forms as are reasonably satisfactory to the Lessor) upon payment of its book value (the Lessee's cost, minus depreciation), but not in excess of its fair market value or (b) requiring the Lessee to remove the Tangible Personal Property. If the Lessor exercises its option to purchase the Tangible Personal Property, the price to be paid by the Lessor shall be (i) reduced by the amount of all payments due on any equipment leases or any other Permitted Prior Security Interests assumed by the Lessor and (ii) applied to the Lease Obligations before any payment to the Lessee. If the Lessor requires the removal of the Tangible Personal Property, then all of the Tangible Personal Property that is not removed by the Lessee within ten (10) days following such request shall be considered abandoned by the Lessee and may be appropriated, sold, destroyed or otherwise disposed of by the Lessor upon without first giving notice thereof to the Lessee, without any payment to the Lessee and without any obligation to account therefor.

Removal and Replacement; Lessor's Option to Purchase. The Lessee shall not remove from the Leased Property any one or more items of Tangible Personal Property (whether now owned or hereafter acquired), the fair market value of which exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), individually or ONE HUNDRED THOUSAND DOLLARS ($100,000.00) collectively, except if such Tangible Personal Property is simultaneously suitably replaced or the Lessee provides the Lessor with an explanation (reasonably satisfactory to the Lessor) as to why such Tangible Personal Property is no longer required in connection with the operation of the Leased Property. At its sole cost and expense, the Lessee shall restore the Leased Property to the condition required by Article 8, including repair of all damage to the Leased Property caused by the removal of the Tangible Personal Property, whether effected by the Lessee or the Lessor. Upon the expiration or earlier termination of this Lease, the Lessor shall have the option, which may be exercised prior to or within sixty (60) days following such expiration or termination, of (a) acquiring the Tangible Personal Property (pursuant to a xxxx bill of sale and assignments of any equipment axx xquipment leases, all in such forms as are reasonably satisfactory to the Lessor) upon payment of its book value (the Lessee's cost, minus depreciation), but not in excess of its fair market value or (b) requiring the Lessee to remove the Tangible Personal Property. If the Lessor exercises its option to purchase the Tangible Personal Property, the price to be paid by the Lessor shall be (i) reduced by the amount of all payments due on any equipment leases or any other Permitted Prior Security Interests assumed by the Lessor and (ii) applied to the Lease Obligations before any payment to the Lessee. If the Lessor requires the removal of the Tangible Personal Property, then all of the Tangible Personal Property that is not removed by the Lessee within ten (10) days following such request shall be considered abandoned by the Lessee and may be appropriated, sold, destroyed or otherwise disposed of by the Lessor upon without first giving notice thereof to the Lessee, without any payment to the Lessee and without any obligation to account therefor.

Removal and Replacement; Lessor's Option to Purchase. The Lessee shall not remove from the Leased Property any one or more items of Tangible Personal Property or Lessor's Personal Propezty (whether now owned or hereafter acquired), the fair market riiarket value of which exceeds [TWENTY-FIVE THOUSAND DOLLARS ($25,000), individually or ONE HUNDRED THOUSAND DOLLARS ($100,000.00)) collectively, except if such ifsuch Tangible Personal Property is simultaneously suitably replaced or the Lessee provides the Lessor with an explanation (reasonably satisfactory to the Lessor) as to why such Tangible 's Personal Property is no longer required necessary to enable the operation ofthe Facility in connection accordance with the operation requirements of this Lease for the Leased PropertyPrimary Intended Use. At its sole cost and expense, the Lessee shall restore the Leased Property to the condition required by Article 8, including repair of all damage to the Leased Property caused by the removal of the ofthe Tangible Personal Property or Lessor's Personal Property, whether effected by the Lessee or the Lessor. Upon the expiration or earlier termination of this Lease, the Lessor shall have the option, which may be exercised by giving notice thereofwithin twenty (?0) days prior to or within sixty (60) days following such expiration or termination, of (a) acquiring the Tangible Personal Property (pursuant to a xxxx bxxx of sale and assignments assign.tnents of any equipment leases, all in such forms as as- are reasonably satisfactory to the Lessor) upon payment of its book value (the Lessee's cost, minus depreciation), but not in excess payrnent of its fair market value or (b) requiring the Lessee to remove the Tangible Personal Property. If the Lessor exercises its option to purchase the Tangible Personal Property, the price to be paid by the Lessor shall be (i) reduced by the amount of all payments due on any equipment leases or any other otlzer Permitted Prior Security Interests assumed by the Lessor and (ii) applied to the Lease Obligations before any payment to the Lessee. If the Lessor requires the removal of the Tangible Tanaible Personal Property, then all of the Tangible Personal Property that is not removed by the Lessee within ten (10) days following such request shall be considered abandoned by the Lessee and may be appropriated, sold, destroyed or otherwise othenvise disposed of by the Lessor upon without first giving notice thereof to the Lessee, without any payment to the Lessee and without any obligation to account therefor.. 30 ARTICLE fi SECURITY FOR LEASE OBLIGATIONS 6.1 Securitv for Lessee's Obligations; Permitted Prior Securitv Interests. 6.1.1

Removal and Replacement; Lessor's Option to Purchase. The Lessee shall not remove from the Leased Property any one or more items of Tangible Personal Property or Lessor's Personal Property (whether now owned or hereafter acquired), ) the fair market value of which exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), individually or ONE HUNDRED THOUSAND DOLLARS ($100,000.00) collectively, except if such Tangible Personal Property is simultaneously suitably replaced or the Lessee provides the Lessor with an explanation (reasonably satisfactory to the Lessor) as to why such Tangible 's Personal Property is no longer required necessary to enable the operation ofthe Facility in connection accordance with the operation requirements of this Lease for the Leased PropertyPrimary Intended Use. At its sole cost and expense, the Lessee shall restore the Leased Property to the condition required by Article 8, including repair of all damage to the Leased Property caused by the removal of the ofthe Tangible Personal Property or Lessor's Personal Property, whether effected by the Lessee or the Lessor. Upon the expiration or earlier termination of this Lease, the Lessor shall have the option, which may be exercised by giving notice thereof within twenty (20) days prior to or within sixty (60) days following such expiration or termination, of (a) acquiring the Tangible Personal Property (pursuant to a xxxx of sale and assignments of any equipment leases, all in such forms as are reasonably satisfactory to the Lessor) upon payment of its book value (the Lessee's cost, minus depreciation), but not in excess of its fair market value or (b) requiring the Lessee to remove the Tangible Personal Property. If the Lessor exercises its option to purchase the Tangible Personal Property, the price to be paid by the Lessor shall be (i) reduced by the amount of all payments due on any equipment leases or any other Permitted Prior Security Interests assumed by the Lessor and (ii) applied to the Lease Obligations before any payment to the Lessee. If the Lessor requires the removal of the ofthe Tangible Personal Property, then all of the ofthe Tangible Personal Property that is not removed by the Lessee within ten (10) days following such request shall be considered abandoned by the Lessee and may be appropriated, sold, destroyed or otherwise disposed of by the Lessor upon first giving notice thereof to the Lessee, without any payment to the Lessee and without any obligation to account therefor.31

Removal and Replacement; Lessor's Option to Purchase. The Lessee shall not remove from the Leased Property any one or more items of Tangible Personal Property (whether now owned or hereafter acquired), the fair market value of which exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), individually or ONE HUNDRED THOUSAND DOLLARS ($100,000.00) collectively, except if such Tangible Personal Property is simultaneously suitably replaced or the Lessee provides the Lessor with an explanation (reasonably satisfactory to the Lessor) as to why such Tangible Personal Property is no longer required in connection with the operation of the Leased Property. At its sole cost and expense, the Lessee shall restore the Leased Property to the condition required by Article 8, including repair of all damage to the Leased Property caused by the removal of the Tangible Personal Property, whether effected by the Lessee or the Lessor. Upon the expiration or earlier termination of this Lease, the Lessor shall have the option, which may be exercised prior to or within sixty (60) days following such expiration or termination, of (a) acquiring the Tangible Personal Property (pursuant to a xxxx bill of sale and assignments of any equipment leases, all in such xxxx forms as are reasonably satisfactory to the Lessor) upon payment of its book value (the Lessee's cost, minus depreciation), but not in excess of its fair market value or (b) requiring the Lessee to remove the Tangible Personal Property. If the Lessor exercises its option to purchase the Tangible Personal Property, the price to be paid by the Lessor shall be (i) reduced by the amount of all payments due on any equipment leases or any other Permitted Prior Security Interests assumed by the Lessor and (ii) applied to the Lease Obligations before any payment to the Lessee. If the Lessor requires the removal of the Tangible Personal Property, then all of the Tangible Personal Property that is not removed by the Lessee within ten (10) days following such request shall be considered abandoned by the Lessee and may be appropriated, sold, destroyed or otherwise disposed of by the Lessor upon first giving notice thereof to the Lessee, without any payment to the Lessee and without any obligation to account therefor.

Removal and Replacement; Lessor's Option to Purchase. The Lessee shall not remove from the Leased Property any one or more items of Tangible Personal Property (whether now owned or hereafter acquired), the fair market value of which exceeds TWENTY-FIVE FIFTY THOUSAND DOLLARS ($25,00050,000), individually or ONE TWO HUNDRED FIFTY THOUSAND DOLLARS ($100,000.00250,000.00) collectively, except if such Tangible Personal Property is simultaneously suitably replaced or the Lessee provides the Lessor with an explanation (reasonably satisfactory to the Lessor) as to why such Tangible Personal Property is no longer required in connection with the operation of the Leased Property. At its sole cost and expense, the Lessee shall restore the Leased Property to the condition required by Article 8, including repair of all damage to the Leased Property caused by the removal of the Tangible Personal Property, whether effected by the Lessee or the Lessor. Upon the expiration or earlier termination of this Lease, the Lessor shall have the option, which may be exercised prior to or within sixty (60) days following such expiration or termination, of (a) acquiring the Tangible Personal Property (pursuant to a xxxx of sale and assignments of any equipment leases, all in such forms as are reasonably satisfactory to the Lessor) upon payment of its book value (the Lessee's cost, minus depreciation), but not in excess of its fair market value or (b) requiring the Lessee to remove the Tangible Personal Property. If the Lessor exercises its option to purchase the Tangible Personal Property, the price to be paid by the Lessor shall be (i) reduced by the amount of all payments due on any equipment leases or any other Permitted Prior Security Interests assumed by the Lessor and (ii) applied to the Lease Obligations before any payment to the Lessee. If the Lessor requires the removal of the Tangible Personal Property, then all of the Tangible Personal Property that is not removed by the Lessee within ten (10) days following such request shall be considered abandoned by the Lessee and may be appropriated, sold, destroyed or otherwise disposed of by the Lessor upon without first giving notice thereof to the Lessee, without any payment to the Lessee and without any obligation to account therefor.

Removal and Replacement; Lessor's Option to Purchase. The Lessee shall not remove from the Leased Property any one or more items of Tangible Personal Property or Lessor's Personal Property (whether now owned or hereafter acquired), ) the fair market value of which exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), individually or ONE HUNDRED THOUSAND DOLLARS ($100,000.00) collectively, except if such Tangible Personal Property is simultaneously suitably replaced or the Lessee provides the Lessor with an explanation (reasonably satisfactory to the Lessor) as to why such Tangible 's Personal Property is no longer required in connection with necessary to enable the operation of the Leased PropertyFacility in accordance with the requirements of this Lease for the Primary Intended Use. At its sole cost and expense, the Lessee shall restore the Leased Property to the condition required by Article 8, including repair of all damage to the Leased Property caused by the removal of the Tangible Personal Property or Lessor's Personal Property, whether effected by the Lessee or the Lessor. Upon the expiration or earlier termination of this Lease, the Lessor shall have the option, which may be exercised by giving notice thereof within twenty (20) days prior to or within sixty (60) days following such expiration or termination, of (a) acquiring the Tangible Personal Property (pursuant to a xxxx of sale and assignments of any equipment leases, all in such forms as are reasonably satisfactory to the Lessor) upon payment of its book value (the Lessee's cost, minus depreciation), but not in excess of its fair market value or (b) requiring the Lessee to remove the Tangible Personal Property. If the Lessor exercises its option to purchase the Tangible Personal Property, the price to be paid by the Lessor shall be (i) reduced by the amount of all payments due on any equipment leases or any other Permitted Prior Security Interests assumed by the Lessor and (ii) applied to the Lease Obligations before any payment to the Lessee. If the Lessor requires the removal of the Tangible Personal Property, then all of the Tangible Personal Property that is not removed by the Lessee within ten (10) days following such request shall be considered abandoned by the Lessee and may be appropriated, sold, destroyed or otherwise disposed of by the Lessor upon first giving notice thereof to the Lessee, without any payment to the Lessee and without any obligation to account therefor.35

Removal and Replacement; Lessor's Option to Purchase. The Lessee shall not remove from the Leased Property any one or more items of Tangible Personal Property (whether now owned or hereafter acquired), the fair market value of which exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), individually or ONE HUNDRED THOUSAND DOLLARS ($100,000.00) collectively, except if such Tangible Personal Property is simultaneously suitably replaced or the Lessee provides the Lessor with an explanation (reasonably satisfactory to the Lessor) as to why such Tangible Personal Property is no longer required in connection with the operation of the Leased Property. At its sole cost and expense, the Lessee shall restore the Leased Property to the condition required by Article 8, including repair of all damage to the Leased Property caused by the removal of the Tangible Personal Property, whether effected by the Lessee or the Lessor. Upon the expiration or earlier termination of this Lease, the Lessor shall have the option, which may be exercised prior to or within sixty (60) days following such expiration or termination, of (a) acquiring the Tangible Personal Property (pursuant to a xxxx of sale and assignments of any equipment leases, all in such forms as are reasonably satisfactory to the Lessor) upon payment of its book value (the Lessee's cost, minus depreciation), but not in excess of its fair market value or (b) requiring the Lessee to remove the Tangible Personal Property. If the Lessor exercises its option to purchase the Tangible Personal Property, the price to be paid by the Lessor shall be (i) reduced by the amount of all payments due on any equipment leases or any other Permitted Prior Security Interests assumed by the Lessor and (ii) applied to the Lease Obligations before any payment to the Lessee. If the Lessor requires the removal of the Tangible Personal Property, then all of the Tangible Personal Property that is not removed by the Lessee within ten (10) days following such request shall be considered abandoned by the Lessee and may be appropriated, sold, destroyed or otherwise disposed of by the Lessor upon without first giving notice thereof to the Lessee, without any payment to the Lessee and without any obligation to account therefor.

Removal and Replacement; Lessor's Option to Purchase. The Lessee shall not remove from the Leased Property any one or more items of Tangible Personal Property (whether now owned or hereafter acquired), the fair market value of which exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), individually or ONE HUNDRED THOUSAND DOLLARS ($100,000.00) collectively, except if such Tangible Personal Property is simultaneously suitably replaced or the Lessee provides the Lessor with an explanation (reasonably satisfactory to the Lessor) as to why such Tangible Personal Property is no longer required in connection with the operation of the Leased Property. At its sole cost and expense, the Lessee shall restore the Leased Property to the condition required by Article 8, including repair of all damage to the Leased Property caused by the removal of the Tangible Personal Property, whether effected by the Lessee or the Lessor. Upon the expiration or earlier termination of this Lease, the Lessor shall have the option, which may be exercised prior to or within sixty (60) days following such expiration or termination, of (a) acquiring the Tangible Personal Property (pursuant to a xxxx of bill xx sale and assignments of any equipment leases, all in such forms as are reasonably satisfactory to the Lessor) upon payment of either (i) its fair market value, if this Lease shall expire in accordance with its terms or (ii) its book value (the Lessee's cost, minus depreciation), but not in excess of its fair market value value, if this Lease shall terminate prior to the expiration of the Term or (b) requiring the Lessee to remove the Tangible Personal Property. If the Lessor exercises its option to purchase the Tangible Personal Property, the price to be paid by the Lessor shall be (i) reduced by the amount of all payments due on any equipment leases or any other Permitted Prior Security Interests assumed by the Lessor and (ii) applied to the Lease Obligations before any payment to the Lessee. If the Lessor requires the removal of the Tangible Personal Property, then all of the Tangible Personal Property that is not removed by the Lessee within ten thirty (1030) days following such request shall be considered abandoned by the Lessee and may be appropriated, sold, destroyed or otherwise disposed of by the Lessor upon without first giving notice thereof to the Lessee, without any payment to the Lessee and without any obligation to account therefor.