Common use of Location and Use Clause in Contracts

Location and Use. (i) The Lessee agrees that the Facility will be used solely in the conduct of its business and solely by qualified personnel and will at all times be and remain in the exclusive possession and control of the Lessee at the Site, provided that the Lessee may deliver possession of any part or portion of the Facility to any manufacturer, contractor, supplier or mechanic designated by the Lessee for purposes of realizing the benefits of any warranty or in order to comply with the obligations and rights of the Lessee under Section 8, but the rights of any such party in possession of such part or portion of the Facility shall be subject and subordinate to the terms of this Lease, including without limitation, the right of the Owner Trustee to take possession of the Facility pursuant to Section 15. In the event that pursuant to the foregoing sentence hereof any part or portion of the Facility having a value in excess of 1% of the then Casualty Value is removed from Linn County, Oregon, the Lessee shall give the Owner Trustee, the ClO2 Indenture Trustee and the Indenture Trustee not less than 30 days' prior written notice of such removal and shall deliver to the Owner Trustee, the ClO2 Indenture Trustee and the Indenture Trustee promptly after such removal, and in any event within 10 days thereafter, the opinion of the Lessee's counsel that such removal shall not impair or adversely affect the ownership of such part or portion of the Facility by the Owner Trustee, that all necessary recordings and filings under Applicable Law have been duly made in the public offices wherein such recordings or filings are necessary to protect the validity and effectiveness of this Lease and the Indenture (including the maintenance of the perfection of security interest thereof in the removed part or portion) and that all fees, taxes and charges payable in connection therewith have been paid in full by the Lessee. The Lessee shall not change the use of the Leased Property as a pulp mill without the Owner Trustee's prior written consent. The Lessee will not do or permit any act or thing that may impair the value of the Leased Property or any part thereof (provided that actions by the Lessee expressly required by Section 8 of this Lease shall not be deemed to impair the value of the Leased Property) or that materially increases the dangers, or poses an unreasonable risk of harm, to third parties (on or off the Leased Property) arising from activities thereon, or that constitutes a public or private nuisance or waste to the Leased Property or any part thereof. The Lessee agrees that it will not use the Leased Property if it has failed to procure or maintain insurance to the extent required by Section 7 herein.

Location and Use. (i) The Lessee agrees that the Facility Units will be used solely in the conduct of its business and solely by qualified personnel and will at all times be and remain in the exclusive possession and control of the Lessee at the Sitelocation designated therefor in Exhibit A hereto, provided that the Lessee may deliver possession of any part of portions of any Unit to the Manufacturer, or portion of the Facility to any manufacturerother subcontractor or agent, contractor, supplier or mechanic designated by the Lessee for purposes of realizing the benefits of any warranty or in order to comply with the obligations and rights of the Lessee under Section 8, 8 hereof but the rights of any such party in possession of such part or portion of the Facility any Units shall be subject and subordinate to the terms of this Lease, including without limitation, limitation the right of the Owner Trustee Lessor to take possession of the Facility Units pursuant to Section 1515 hereof. In the event that pursuant to the foregoing sentence hereof of any part removal of any parts or portion of any Unit from the Facility having a value county in excess of 1% of the then Casualty Value which it is removed from Linn Countylocated as designated in Exhibit A hereto, Oregon, the Lessee shall give the Owner Trustee, the ClO2 Indenture Trustee and the Indenture Trustee not less than 30 days' prior written notice of such removal and shall deliver to the Owner Trustee, the ClO2 Indenture Trustee and the Indenture Trustee Lessor promptly after such removal, removal and in any event within 10 ten days thereafter, thereafter the opinion of the Lessee's counsel that such removal shall not impair or adversely affect the ownership of such part arts or portion of the Facility such Unit by the Owner TrusteeLessor, that all necessary recordings recording and filings (including financing statements and continuation statements under Applicable Law any applicable Uniform Commercial Code) have been duly made in the public offices wherein such recordings or filings are necessary to protect the validity and effectiveness of this Lease and the Indenture (including the maintenance of the perfection of security interest thereof in the removed part or portion) Mortgage and that all fees, taxes and charges payable in connection therewith have been paid in full by the Lessee. The In no event shall any Unit or any part or portion thereof be removed to a location outside the continental United States without the prior written consent of Lessor. Lessee shall not change warrants that the Units will at all times be used and operated under and in compliance with the laws of the jurisdiction in which it may be operated, and in compliance with all lawful acts, rules, regulations and orders of any commissions, boards or other legislative, executive or judicial bodies or officers having power to regulate or supervise the use of such property; provided, however, Lessee may in good faith contest in any reasonable manner the Leased Property as a pulp mill application of any such rule, regulation or order to the extent that such contest does not result in the forfeiture or sale of any Unit or adversely affect Lessor's title thereto. Lessee agrees that, without the Owner Trustee's prior written consent. The consent of Lessor and the Security Trustees, Lessee will not do assign, transfer or sublease its rights under this Lease, or permit its rights or interest hereunder to be subject to any act lien, charge or thing that may impair encumbrance other than the value lien on Lessee' leasehold estate hereunder of the Leased Property Mortgage and Deed of Trust dated January 15, 1937 (the "Mortgage") form Lessee to Irving Trust Company, as Trustee, as supplemented. No such Mortgage, lien, charge, encumbrance, assignment or sublease shall relieve Lessee of any part thereof (provided that actions by the Lessee expressly required by Section 8 of this Lease its obligations, liabilities or duties hereunder which shall be and remain those of a principal and not be deemed to impair the value of the Leased Property) or that materially increases the dangers, or poses an unreasonable risk of harm, to third parties (on or off the Leased Property) arising from activities thereon, or that constitutes a public or private nuisance or waste to the Leased Property or any part thereof. The Lessee agrees that it will not use the Leased Property if it has failed to procure or maintain insurance to the extent required by Section 7 hereinguarantor.

Location and Use. (i) The Lessee agrees that the Facility will be used solely in the conduct of its business and solely by qualified personnel and will at all times be and remain in the exclusive possession and control of the Lessee at the Site, provided PROVIDED that the Lessee may deliver possession of any part or portion of the Facility to any manufacturer, contractor, contractor or supplier or mechanic designated by the Lessee for purposes of realizing the benefits of any warranty or in order to comply with the obligations and rights of the Lessee under Section 8, but the rights of any such party in possession of such part or portion of the Facility shall be subject and subordinate to the terms of this Lease, including without limitation, the right of the Owner Owner-Trustee to take possession of the Facility pursuant to Section 15. In the event that pursuant to the foregoing sentence hereof any part or portion of the Facility having a value in excess of 1% of the then Casualty Value is removed from Linn Clallam County, OregonWashington, the Lessee shall give the Owner Trustee, the ClO2 Indenture Trustee and the Indenture Owner-Trustee not less than 30 days' prior written notice of such removal and shall deliver to the Owner Trustee, the ClO2 Indenture Trustee and the Indenture Owner-Trustee promptly after such removal, and in any event within 10 days thereafter, the opinion of the Lessee's counsel that such removal shall not impair or adversely affect the ownership of such part or portion of the Facility by the Owner Owner-Trustee, that all necessary recordings and filings under Applicable Law have been duly made in the public offices wherein such recordings or filings are necessary to protect the validity and effectiveness of this Lease and the Indenture (including the maintenance of the perfection of security interest thereof in the removed part or portion) and that all fees, taxes and charges payable in connection therewith have been paid in full by the Lessee. The Lessee shall not change the use of the Leased Property as a pulp mill sawmill without the Owner Owner-Trustee's prior prior, written consent. The Lessee will not do or permit any act or thing that may impair the value of the Leased Property or any part thereof (provided that actions by the Lessee expressly required by Section 8 of this Lease shall not be deemed to impair the value of the Leased Property) or that materially increases the dangers, or poses an unreasonable risk of harm, to third parties (on or off the Leased Property) arising from activities thereon, or that constitutes a public or private nuisance or waste to the Leased Property or any part thereof. The Lessee agrees that it will not use the Leased Property if it has failed to procure or maintain insurance to the extent required by Section 7 herein.

Location and Use. (i) The Lessee agrees that the Facility Unit will be used solely in the conduct of its business and solely by qualified personnel and will at all times be and remain in the exclusive possession and control of the Lessee at the Sitelocation designated therefor in Exhibit A hereto, provided that the Lessee may deliver possession of any part or portion of portions of the Facility Unit to any manufacturerthe Manufacturer, contractoror other subcontractor or agent, supplier or mechanic designated by the Lessee for purposes of realizing the benefits of any warranty or in order to comply with the obligations and rights of the Lessee under Section 8, 8 hereof but the rights of any such party in possession of such part or portion of the Facility Unit shall be subject and subordinate to the terms of this Lease, including without limitation, limitation the right of the Owner Trustee Lessor to take possession of the Facility Unit pursuant to Section 1515 hereof. In the event that pursuant to the foregoing sentence hereof of any part removal of any parts or portion of the Facility having a value Unit from the county in excess of 1% of the then Casualty Value which it is removed from Linn Countylocated as designated in Exhibit A hereto, Oregon, the Lessee shall give the Owner Trustee, the ClO2 Indenture Trustee and the Indenture Trustee not less than 30 days' prior written notice of such removal and shall deliver to the Owner Trustee, the ClO2 Indenture Trustee and the Indenture Trustee Lessor promptly after such removal, removal and in any event within 10 ten days thereafter, thereafter the opinion of the Lessee's counsel that such removal shall not impair or adversely affect the ownership of such part parts or portion of the Facility Unit by the Owner TrusteeLessor, that all necessary recordings recording and filings (including financing statements and continuation statements under Applicable Law any applicable Uniform Commercial Code) have been duly made in the public offices wherein such recordings or filings are necessary to protect the validity and effectiveness of this Lease and the Indenture (including the maintenance of the perfection of security interest thereof in the removed part or portion) Mortgage and that all fees, taxes and charges payable in connection therewith have been paid in full by the Lessee. The In no event shall the Unit or any part or portion thereof be removed to a location outside the continental United States without the prior written consent of Lessor. Lessee shall not change warrants that the Unit will at all times be used and operated under and in compliance with the laws of the Jurisdiction in which it may be operated, and in compliance with all lawful acts, rules, regulations and orders of any commissions, boards or other legislative, executive or Judicial bodies or officers having power to regulate or supervise the use of such property; provided, however, Lessee may in good faith contest in any reasonable manner the Leased Property as a pulp mill application of any such rule, regulation or order to the extent that such contest does not result in the forfeiture or sale of any Unit or adversely affect Lessor's title thereto. Lessee agrees that, without the Owner Trustee's prior written consent. The consent of Lessor and the Security Trustees, Lessee will not do assign, transfer or sublease its rights under this Lease, or permit its rights or interest hereunder to be subject to any act lien, charge or thing that may impair encumbrance other than the value lien on Lessee's leasehold estate hereunder of the Leased Property Mortgage and Deed of Trust dated January 15, 1937 (the "Mortgage") from Lessee to Irving Trust Company, as Trustee, as supplemented. No such Mortgage, lien, charge, encumbrance, assignment or sublease shall relieve Lessee of any part thereof (provided that actions by the Lessee expressly required by Section 8 of this Lease its obligations, liabilities or duties hereunder which shall be and remain those of a principal and not be deemed to impair the value of the Leased Property) or that materially increases the dangers, or poses an unreasonable risk of harm, to third parties (on or off the Leased Property) arising from activities thereon, or that constitutes a public or private nuisance or waste to the Leased Property or any part thereof. The Lessee agrees that it will not use the Leased Property if it has failed to procure or maintain insurance to the extent required by Section 7 hereinguarantor.

Location and Use. (i) The Lessee agrees that the Facility will be used solely in the conduct of its business and solely by qualified personnel and will at all times be and remain in the exclusive possession and control of the Lessee at the Site, provided PROVIDED that the Lessee may deliver possession of any part or portion of the Facility to any manufacturer, contractor, contractor or supplier or mechanic designated by the Lessee for purposes of realizing the benefits of any warranty or in order to comply with the obligations and rights of the Lessee under Section 8, but the rights of any such party in possession of such part or portion of the Facility shall be subject and subordinate to the terms of this Lease, including without limitation, the right of the Owner Owner-Trustee to take possession of the Facility pursuant to Section 15. In the event that pursuant to the foregoing sentence hereof any part or portion of the Facility having a value in excess of 1% of the then Casualty Value is removed from Linn Boundary County, OregonIdaho, the Lessee shall give the Owner Trustee, the ClO2 Indenture Trustee and the Indenture Owner-Trustee not less than 30 days' prior written notice of such removal and shall deliver to the Owner Trustee, the ClO2 Indenture Trustee and the Indenture Owner-Trustee promptly after such removal, and in any event within 10 days thereafter, the opinion of the Lessee's counsel that such removal shall not impair or adversely affect the ownership of such part or portion of the Facility by the Owner Owner-Trustee, that all necessary recordings and filings under Applicable Law have been duly made in the public offices wherein such recordings or filings are necessary to protect the validity and effectiveness of this Lease and the Indenture (including the maintenance of the perfection of security interest thereof in the removed part or portion) and that all fees, taxes and charges payable in connection therewith have been paid in full by the Lessee. The Lessee shall not change the use of the Leased Property as a pulp mill sawmill without the Owner Owner-Trustee's prior prior, written consent. The Lessee will not do or permit any act or thing that may impair the value of the Leased Property or any part thereof (provided that actions by the Lessee expressly required by Section 8 of this Lease shall not be deemed to impair the value of the Leased Property) or that materially increases the dangers, or poses an unreasonable risk of harm, to third parties (on or off the Leased Property) arising from activities thereon, or that constitutes a public or private nuisance or waste to the Leased Property or any part thereof. The Lessee agrees that it will not use the Leased Property if it has failed to procure or maintain insurance to the extent required by Section 7 herein.

Location and Use. (i) The Lessee agrees that the Facility will be used solely in the conduct of its business and solely by qualified personnel and will at all times be and remain in the exclusive possession and control of the Lessee at the Site, provided that the Lessee may deliver possession of any part or portion of the Facility to any manufacturer, contractor, supplier or mechanic designated by the Lessee for purposes of realizing the benefits of any warranty or in order to comply with the obligations and rights of the Lessee under Section 8, but the rights of any such party in possession of such part or portion of the Facility shall be subject and subordinate to the terms of this Lease, including without limitation, the right of the Owner Trustee to take possession of the Facility pursuant to Section 15. In the event that pursuant to the foregoing sentence hereof any part or portion of the Facility having a value in excess of 1% of the then Casualty Value is removed from Linn County, Oregon, the Lessee shall give the Owner Trustee, the ClO2 Indenture Trustee and the Indenture Trustee not less than 30 days' prior written notice of such removal and shall deliver to the Owner Trustee, the ClO2 Indenture Trustee and the Indenture Trustee promptly after such removal, and in any event within 10 days thereafter, the opinion of the Lessee's counsel that such removal shall not impair or adversely affect the ownership of such part or portion of the Facility by the Owner Trustee, that all necessary recordings and filings under Applicable Law have been duly made in the public offices wherein such recordings or filings are necessary to protect the validity and effectiveness of this Lease and the Indenture (including the maintenance of the perfection of security interest thereof in the removed part or portion) and that all fees, taxes and charges payable in connection therewith have been paid in full by the Lessee. The Lessee shall not change the use of the Leased Property as a pulp mill without the Owner Trustee's prior written consent. The Lessee will not do or permit any act or thing that may impair the value of the Leased Property or any part thereof (provided that actions by the Lessee expressly required by Section 8 of this Lease shall not be deemed to impair the value of the Leased Property) or that materially increases the dangers, or poses an unreasonable risk of harm, to third parties (on or off the Leased Property) arising from activities thereon, or that constitutes a public or private nuisance or waste to the Leased Property or any part thereof. The Lessee agrees that it will not use the Leased Property if it has failed to procure or maintain insurance to the extent required by Section 7 herein.