Common use of Return of Sites Clause in Contracts

Return of Sites. Unless the Sites shall have been transferred to Lessee pursuant to Section 6.2 or 6.5, Lessee shall, on the Lease Termination Date, and at its own expense, transfer the Sites (together with the reports described in Section 9.4 relating thereto) to the independent purchaser thereof pursuant to Section 6.3, free and clear of all Liens other than Permitted Exceptions and Lessor Liens, in as good condition as they were on the Document Closing Date, ordinary wear and tear excepted, and in compliance with all Applicable Laws and Regulations and the other requirements of Article IX (and in any event without (x) any asbestos installed or maintained in any part of the Site, (y) any polychlorinated byphenyls (PCBs) in, on or used, stored or located at the Site, Lease Agreement and (z) any other Hazardous Materials). Lessee shall cooperate with the independent purchaser of the Site in order to facilitate the ownership and operation by such purchaser of the Site after the Lease Termination Date, including providing all books, reports and records regarding the maintenance, repair and ownership of the Site and all data and technical information relating to the physical operation and maintenance of the Site, granting or assigning (to the extent permitted by law) all licenses necessary for the operation and maintenance of the Site and cooperating in seeking and obtaining all necessary Governmental Action. Lessee shall have also paid the total cost for the completion of all Alterations commenced prior to the Lease Termination Date. The obligation of Lessee under this Article VI regarding the Purchase Option shall survive the expiration or termination of this Lease, except if Lessee duly and timely exercises the Sale Option and performs its obligations under Sections 6.3 and 6.4, or Lessee duly and timely exercises its rights under Section 6.5 and performs its obligations thereunder. Unless Lessee shall have exercised or been deemed to have exercised its option to purchase the Sites, then after the date which is twelve (12) months prior to the Lease Termination Date, Lessor shall at Lessee's expense be entitled to perform such investigation, including obtaining reports of engineers and other experts as to the condition and state of repair and maintenance required by this Section 6.7 and as to the compliance with Environmental Laws of the Site, as it deems appropriate. Lessee, at its sole cost and expense, shall cause the repair or other remediation of any discrepancies between the actual condition of the Site and the condition required under the Lease, such repair or remediation to be completed not later than the expiration of this Lease.

Return of Sites. Unless the Sites shall have been transferred to Lessee pursuant to Section 6.2 or 6.5, Lessee shall, on the Lease Termination Date, and at its own expense, transfer the Sites (together with the reports described in Section 9.4 relating thereto) to the independent purchaser thereof pursuant to Section 6.3, free and clear of all Liens other than Permitted Exceptions and Lessor Liens, in as good condition as they were on the Document Closing Date, ordinary wear and tear excepted, and in compliance with all Applicable Laws and Regulations and the other requirements of Article IX (and in any event without (x) any asbestos installed or maintained in any part of the Site, (y) any polychlorinated byphenyls (PCBs) in, on or used, stored or located at the Site, Lease Agreement and (z) any other Hazardous Materials). Lessee shall cooperate with the independent purchaser of the Site in order to facilitate the ownership and operation by such purchaser of the Site after the Lease Termination Date, including providing all books, reports and records regarding the maintenance, repair and ownership of the Site and all data and technical information relating to the physical operation and maintenance of the Site, granting or assigning (to the extent permitted by law) all licenses necessary for the operation and maintenance of the Site and cooperating in seeking and Lease Agreement obtaining all necessary Governmental Action. Lessee shall have also paid the total cost for the completion of all Alterations commenced prior to the Lease Termination Date. The obligation of Lessee under this Article VI regarding the Purchase Option shall survive the expiration or termination of this Lease, except if Lessee duly and timely exercises the Sale Option and performs its obligations under Sections 6.3 and 6.4, or Lessee duly and timely exercises its rights under Section 6.5 and performs its obligations thereunder. Unless Lessee shall have exercised or been deemed to have exercised its option to purchase the Sites, then after the date which is twelve (12) months prior to the Lease Termination Date, Lessor shall at Lessee's expense be entitled to perform such investigation, including obtaining reports of engineers and other experts as to the condition and state of repair and maintenance required by this Section 6.7 and as to the compliance with Environmental Laws of the Site, as it deems appropriate. Lessee, at its sole cost and expense, shall cause the repair or other remediation of any discrepancies between the actual condition of the Site and the condition required under the Lease, such repair or remediation to be completed not later than the expiration of this Lease.

Return of Sites. Unless the Sites shall have been transferred to Lessee or its assignee or designee pursuant to Section 6.2 6(b) or 6.56(e), Lessee shall, on the expiration of the Lease Termination DateTerm, and at its own expense, transfer the Sites (together with the reports described in this Section 9.4 6(g) and Section 9(f) relating thereto) to the independent purchaser thereof pursuant to Section 6.36(c), free and clear of all Liens other than Permitted Exceptions and Lessor Liens, in as good condition as they were it was on the Document Closing DateSite Acquisition Date and on the date of completion of the Improvements thereon (as modified by Alterations permitted by this Lease), ordinary wear and tear excepted, and in compliance with all Applicable Laws and Regulations Insurance Requirements and the other requirements of Article IX Section 9 (and in any event without (x) any asbestos installed or maintained in any part of the SiteSite (except asbestos which is not friable and which complies with Applicable Law and prudent industry standards for asbestos), (y) any polychlorinated byphenyls (PCBs) in, on or used, stored or located at the Site, Lease Agreement and (z) any other Hazardous MaterialsSubstance (other than petroleum products to be sold in the ordinary course of business and which are properly stored in tanks which are not leaking and which tanks and which petroleum product storage comply with Applicable Law and prudent industry standards for petroleum product storage and new petroleum product storage tanks)). Lessee shall cooperate with the independent purchaser of the Site in order to facilitate the ownership and operation by such purchaser of the Site after the Lease Termination applicable Expiration Date, including providing all books, reports and records regarding the maintenance, repair and ownership of the Site and all know-how, data and technical information relating to the physical operation and maintenance of the Sitethereto, granting or assigning (to the extent permitted by law) all licenses necessary for the operation and maintenance of the Site and cooperating in seeking and obtaining all necessary Governmental ActionActions. Lessee shall have also paid the total cost for the completion of all Alterations commenced prior to the expiration of the Lease Termination DateTerm. The obligation of Lessee under this Article VI regarding the Purchase Option Section 6 shall survive the expiration or termination of this Lease, except if Lessee duly and timely exercises the Sale Option and performs its obligations under Sections 6.3 and 6.4, or Lessee duly and timely exercises its rights under Section 6.5 and performs its obligations thereunder. Unless Lessee shall have exercised or been deemed to have exercised its option to purchase the Sites, then after the date which is twelve (12) months not less than 90 days prior to the expiration of the Lease Termination DateTerm, Lessor shall at Lessee's expense be entitled to perform such investigationinvestigations, including obtaining title insurance, surveys and reports of engineers and other experts as to the condition and state of repair and maintenance required by this Section 6.7 6(g) and as to the compliance with Environmental Laws of applicable to the Site, as it deems appropriate. Lessee, at its sole cost and expense, shall cause the repair or other remediation of any discrepancies between the actual condition of the Site and the condition required under the Lease, such repair or remediation to be completed not later than the expiration Expiration Date. Lessee, at Lessor's reasonable expense, shall provide Lessor with an asbestos survey of this Leasethe Sites which is dated not more than 30 days prior to the date of the proposed return date.