Common use of CANCELLATION OPTION Clause in Contracts

CANCELLATION OPTION. Upon at least one hundred eighty (180) but not more than two hundred seventy (270) days written notice to Lessor prior to the Basic Term Expiration Date (the "Notice Date"), Lessee my cancel the Agreement (the "Cancellation Option") with respect to all (but not less than all) of the Equipment on this Schedule. If all of the terms and conditions of this Section are not fulfilled, this Lease shall continue in full force and effect and Lessee shall continue to be liable for all obligations thereunder, including, without limitation, the obligation to continue paying rent. Lessee shall be deemed to have waived this option if it fails to timely provide Lessor with the required written notice of its election to exercise the same. (a) Prior to the Basic Term Expiration Date, Lessee shall (i) pay to Lessor, as additional rent, ________________ percent (________ %) of the Capitalized Lessor's Cost of the Equipment, plus all rent and all other sums due and unpaid as of the Basic Term Expiration Date (including, but not limited to, any rent payment due and payable on the Basic Term Expiration Date and any sales taxes and property taxes); and (ii) return the Equipment in full compliance with Section XI of the Agreement, such compliance being independently verified by an independent appraiser selected by Lessor (reasonably acceptable to Lessee) to determine that the Equipment is in such compliance, which determination shall be final, binding and conclusive. Lessee shall bear all costs associated with such appraiser's determination and such costs, if any, to cause the Equipment to be in full compliance with Section XI of the Agreement on or prior to such Basic Term Expiration Date. (b) From the applicable Notice Date through the Basic Tenn Expiration Date, Lessee shall: (i) continue to comply with all of the terms and conditions of the Lease, including, but not limited to, Lessee's obligation, to pay rent, and (ii) make the Equipment available to Lessor in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor, provided, however, that, subject to Lessor's right to market and demonstrate the Equipment to potential purchasers or lessees from time to time, Lessee may still use the Equipment until the Basic Term Expiration Date. (c) Lessee shall, from the Basic Term Expiation Date through the earlier of the date the Equipment is sold by Lessor to a third party or thirty (30) days following the Basic Term Expiration Date, comply with the following terms and conditions: (i) continue to provide insurance for the Equipment, at Lessee's own expense, in compliance with the terms found in Section X of the Agreement, and (ii) make the Equipment available to Lessor and/or allow Lessor to store the Equipment at Lessee's premises, in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor. (d) The proceeds of any sale or re-lease of the Equipment after Lessee has exercised its Cancellation Option shall be for the sole benefit of Lessor and Lessee shall have no interest in nor any claim upon any of such proceeds.

CANCELLATION OPTION. Upon at least one hundred eighty (180) but not more than two hundred seventy (270) days written notice to Lessor prior to the Basic Term Expiration Date (the "Notice Date"), Lessee my may cancel the Agreement (the "Cancellation Option") with respect to all (but not less than all) of the Equipment on this Schedule: provided that, Lessee shall concurrently exercise its Cancellation Option under Schedule 001 hereof and its Termination Option under account number 4130883-001. If all of the terms and conditions of this Section are not fulfilledxxx xxxfilled, this Lease shall continue in full force and effect and Lessee shall continue to be liable for all obligations thereunder, including, without limitation, the obligation to continue paying rent. Lessee shall be deemed to have waived this option if it fails to timely provide Lessor with the required written notice of its election to exercise the same.. Initial: /s/ LN (a) Prior to the Basic Term Expiration Date, Lessee shall (i) pay to Lessor, as additional rent, ________________ . FORTY-SEVEN AND 327/1000 percent (________ 47.327%) of the Capitalized Lessor's Cost of the Equipment, plus all rent and all other sums due and unpaid as of the Basic Term Expiration Date (including, but not limited to, any rent payment due and payable on the Basic Term Expiration Date and any sales taxes and property taxes); and (ii) return the Equipment in full compliance with the RETURN OF EQUIPMENT Section XI of the AgreementLease, such compliance being independently verified by an independent appraiser selected by Lessor (reasonably acceptable to Lessee) to determine that the Equipment is in such compliance, which determination shall be final, binding and conclusive. Lessee shall bear all costs associated with such appraiser's determination and such costs, if any, to cause the Equipment to be in full compliance with the RETURN OF EQUIPMENT Section XI of the Agreement Lease on or prior to such Basic Term Expiration Date. (b) From the applicable Notice Date through the Basic Tenn Term Expiration Date, Lessee shall: (i) continue to comply with all of the terms and conditions of the Lease, including, but not limited to, Lessee's obligation, obligation to pay rent, and (ii) make the Equipment equipment available to Lessor in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor, ; provided, however, that, subject to Lessor's right to market and demonstrate the Equipment to potential purchasers or lessees from time to time, Lessee may still use the Equipment until the Basic Term Expiration Date. (c) Lessee shall, from the Basic Term Expiation Expiration Date through the earlier of the date the Equipment is sold by Lessor to a third party or thirty (30) days following the Basic Term Expiration Date, comply with the following terms and conditions: (i) continue to provide insurance for the Equipment, at Lessee's own expense, in compliance with the terms found in the INSURANCE Section X of the AgreementLease, and (ii) make the Equipment available to Lessor and/or allow Lessor to store the Equipment at Lessee's premises, in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor. (d) The proceeds of any sale or re-lease of the Equipment after Lessee has exercised its Cancellation Option shall be for the sole benefit of Lessor and Lessee shall have no interest in nor any claim upon any of such proceeds.

CANCELLATION OPTION. Upon at least one hundred eighty (180) but not more than two hundred seventy (270) days written notice to Lessor prior to the Basic Term Expiration Date (the "Notice Date"), Lessee my may cancel the Agreement (the "Cancellation Option") with respect to all (but not less than all) of the Equipment on this Schedule: provided that, Lessee shall concurrently exercise its Cancellation Option under Schedule 002 hereof and its Termination Option under account number 4130883-001. If all of the terms and conditions of this Section are not Sectiox xxx xot fulfilled, this Lease shall continue in full force and effect and Lessee shall continue to be liable for all obligations thereunder, including, without limitation, the obligation to continue paying rent. Lessee shall be deemed to have waived this option if it fails to timely provide Lessor with the required written notice of its election to exercise the same.. Initial: /s/ LN (a) Prior to the Basic Term Expiration Date, Lessee shall (i) pay to Lessor, as additional rent, ________________ FORTY-FOUR AND 43/100 percent (________ 44.43%) of the Capitalized Lessor's Cost of the Equipment, plus all rent and all other sums due and unpaid as of the Basic Term Expiration Date (including, but not limited to, any rent payment due and payable on the Basic Term Expiration Date and any sales taxes and property taxes); and (ii) return the Equipment in full compliance with the RETURN OF EQUIPMENT Section XI of the AgreementLease, such compliance being independently verified by an independent appraiser selected by Lessor (reasonably acceptable to Lessee) to determine that the Equipment is in such compliance, which determination shall be final, binding and conclusive. Lessee shall bear all costs associated with such appraiser's determination and such costs, if any, to cause the Equipment to be in full compliance with the RETURN OF EQUIPMENT Section XI of the Agreement Lease on or prior to such Basic Term Expiration Date. (b) From the applicable Notice Date through the Basic Tenn Term Expiration Date, Lessee shall: (i) continue to comply with all of the terms and conditions of the Lease, including, but not limited to, Lessee's obligation, obligation to pay rent, and (ii) make the Equipment available to Lessor in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor, ; provided, however, that, subject to Lessor's right to market and demonstrate the Equipment to potential purchasers or lessees from time to time, Lessee may still use the Equipment until the Basic Term Expiration Date. (c) Lessee shall, from the Basic Term Expiation Expiration Date through the earlier of the date the Equipment is sold by Lessor to a third party or thirty (30) days following the Basic Term Expiration Date, comply with the following terms and conditions: (i) continue to provide insurance for the Equipment, at Lessee's own expense, in compliance with the terms found in the INSURANCE Section X of the AgreementLease, and (ii) make the Equipment available to Lessor and/or allow Lessor to store the Equipment at Lessee's premises, in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor. (d) The proceeds of any sale or re-lease of the Equipment after Lessee has exercised its Cancellation Option shall be for the sole benefit of Lessor and Lessee shall have no interest in nor any claim upon any of such proceeds.

CANCELLATION OPTION. Upon at least one hundred eighty (180) but not more than two hundred seventy (270) days written notice to Lessor prior to the Basic Term Expiration Date (the "Notice Date"), Lessee my may cancel the Agreement (the "Cancellation Option") with respect to all (but not less than all) of the Equipment on this Schedule. If all of the terms and conditions of this Section are not fulfilled, this Lease shall continue in full force and effect and Lessee shall continue to be liable for all obligations thereunder, including, without limitation, the obligation to continue paying rent. Lessee shall be deemed to have waived this option if it fails to timely provide Lessor with the required written notice of its election to exercise the same. (a) Prior to the Basic Term Expiration Date, Lessee shall (i) pay to Lessor, as additional rent, ________________ three percent (________ 3%) of the Capitalized Lessor's Cost of the Equipment, plus all rent and all other sums due and unpaid as of the Basic Term Expiration Date (including, but not limited to, any rent payment due and payable on the Basic Term Expiration Date and any sales taxes and property taxes); and (ii) return the Equipment in full compliance with the RETURN OF EQUIPMENT Section XI of the AgreementLease, such compliance being independently verified by an independent appraiser selected by Lessor (reasonably acceptable to Lessee) to determine that the Equipment is in such compliance, which determination shall be final, binding and conclusive. Lessee shall bear all costs associated with such appraiser's determination and such costs, if any, to cause the Equipment to be in full compliance with the RETURN OF EQUIPMENT Section XI of the Agreement Lease on or prior to such Basic Term Expiration Date. (b) From the applicable Notice Date through the Basic Tenn Term Expiration Date, Lessee shall: (i) continue to comply with all of the terms and conditions of the Lease, including, but not limited to, Lessee's obligation, obligation to pay rent, and (ii) make the Equipment available to Lessor in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor, ; provided, however, that, subject to Lessor's right to market and demonstrate the Equipment to potential purchasers or lessees from time to time, Lessee may still use the Equipment until the Basic Term Expiration Date. (c) Lessee shall, from the Basic Term Expiation Date through the earlier of the date the Equipment is sold by Lessor to a third party or thirty (30) days following the Basic Term Expiration Date, comply with the following terms and conditions: (i) continue to provide insurance for the Equipment, at Lessee's own expense, in compliance with the terms found in Section X of the Agreement, and (ii) make the Equipment available to Lessor and/or allow Lessor to store the Equipment at Lessee's premises, in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor. (d) The proceeds of any sale or re-lease of the Equipment after Lessee has exercised its Cancellation Option shall be for the sole benefit of Lessor and Lessee shall have no interest in nor any claim upon any of such proceeds.

CANCELLATION OPTION. Upon at least one hundred eighty (180) but not more than two hundred seventy (270) days written notice to Lessor prior to the Basic Term Expiration Date (the "Notice Date"), Lessee my may cancel the Agreement (the "Cancellation Option") with respect to all (but not less than all) of the Equipment on this Schedule. If all of the terms and conditions of this Section are not fulfilled, this Lease shall continue in full fill force and effect and Lessee shall continue to be liable for all obligations thereunder, including, without limitation, the obligation to continue paying rent. Lessee shall be deemed to have waived this option if it fails to timely provide Lessor with the required written notice of its election to exercise the same. (a) Prior to the Basic Term Expiration Date, Lessee shall (i) pay to Lessor, as additional rent, ________________ twenty three and three hundred sixteen hundredths percent (________ 23.316%) of the Capitalized Lessor's Cost of the Equipment, plus all rent and all other sums due and unpaid as of the Basic Term Expiration Date (including, but not limited to, any rent payment due and payable on the Basic Term Expiration Date and any sales taxes and property taxes); and (ii) return the Equipment in full compliance with the RETURN OF EQUIPMENT Section XI of the AgreementLease, such compliance being independently verified by an independent appraiser selected by Lessor (reasonably acceptable to Lessee) to determine that the Equipment is in such compliance, which determination shall be final, binding and conclusive. Lessee shall bear all costs associated with such appraiser's determination and such costs, if any, to cause the Equipment to be in full compliance with the RETURN OF EQUIPMENT Section XI of the Agreement Lease on or prior to such Basic Term Expiration Date. (b) From the applicable Notice Date through the Basic Tenn Term Expiration Date, Lessee shall: (i) continue to comply with all of the terms and conditions of the Lease, including, but not limited to, LesseeXxxxxx's obligation, obligation to pay rent, and (ii) make the Equipment available to Lessor in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor, ; provided, however, that, subject to Lessor's right to market and demonstrate the Equipment to potential purchasers or lessees from time to time, Lessee may still use the Equipment until the Basic Term Expiration Date. (c) Lessee shall, from the Basic Term Expiation Expiration Date through the earlier of the date the Equipment is sold by Lessor to a third party or thirty (30) days following the Basic Term Expiration Date, comply with the following terms and conditions: (i) continue to provide insurance for the Equipment, at LesseeXxxxxx's own expense, in compliance with the terms found in the INSURANCE Section X of the AgreementLease, and (ii) make the Equipment available to Lessor and/or allow Lessor to store the Equipment at Lessee's premises, in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor. (d) The proceeds of any sale or re-lease of the Equipment after Lessee has exercised its Cancellation Option shall be for the sole benefit of Lessor and Lessee shall have no interest in nor any claim upon any of such proceeds.

CANCELLATION OPTION. Upon at least one hundred eighty (180) but not more than two hundred seventy (270) days written notice to Lessor prior to the Basic Term Expiration Date (the "“Notice Date"”), Lessee my may cancel the Agreement (the "“Cancellation Option"”) with respect to all (but not less than all) of the Equipment on this Schedule. If all of the terms and conditions of this Section are not fulfilled, this Lease shall continue in full force and effect and Lessee shall continue to be liable for all obligations thereunder, including, without limitation, the obligation to continue paying rent. Lessee shall be deemed to have waived this option if it fails to timely provide Lessor with the required written notice of its election to exercise the same. (a) Prior to the Basic Term Expiration Date, Lessee shall (i) pay to Lessor, as additional rent, ________________ three percent (________ 3%) of the Capitalized Lessor's ’s Cost of the Equipment, plus all rent and all other sums due and unpaid as of the Basic Term Expiration Date (including, but not limited to, any rent payment due and payable on the Basic Term Expiration Date and any sales taxes and property taxes); and (ii) return the Equipment in full compliance with the RETURN OF EQUIPMENT Section XI of the AgreementLease, such compliance being independently verified by an independent appraiser selected by Lessor (reasonably acceptable to Lessee) to determine that the Equipment is in such compliance, which determination shall be final, binding and conclusive. Lessee shall bear all costs associated with such appraiser's ’s determination and such costs, if any, to cause the Equipment to be in full compliance with the RETURN OF EQUIPMENT Section XI of the Agreement Lease on or prior to such Basic Term Expiration Date. (b) From the applicable Notice Date through the Basic Tenn Term Expiration Date, Lessee shall: (i) continue to comply with all of the terms and conditions of the Lease, including, but not limited to, Lessee's obligation, Xxxxxx’s obligation to pay rent, and (ii) make the Equipment available to Lessor in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor, ; provided, however, that, subject to Lessor's ’s right to market and demonstrate the Equipment to potential purchasers or lessees from time to time, Lessee may still use the Equipment until the Basic Term Expiration Date. (c) Lessee shall, from the Basic Term Expiation Date through the earlier of the date the Equipment is sold by Lessor to a third party or thirty (30) days following the Basic Term Expiration Date, comply with the following terms and conditions: (i) continue to provide insurance for the Equipment, at Lessee's own expense, in compliance with the terms found in Section X of the Agreement, and (ii) make the Equipment available to Lessor and/or allow Lessor to store the Equipment at Lessee's premises, in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor. (d) The proceeds of any sale or re-lease of the Equipment after Lessee has exercised its Cancellation Option shall be for the sole benefit of Lessor and Lessee shall have no interest in nor any claim upon any of such proceeds.

CANCELLATION OPTION. Upon at least one hundred eighty (180a) but not more than two hundred seventy (270) days written notice to Lessor prior to So long as no default exists hereunder and expressly provided that all of the Basic Term Expiration Date (the "Notice Date")terms and conditions of this Provision are fulfilled, Lessee my may cancel the Agreement (the "Cancellation Option") with respect as to all (but not less than all) of the Equipment on this ScheduleSchedule as of any one of the Cancellation Dates set forth below (each, a "Cancellation Date") upon at least 90 days prior written notice (the "Notice Date") to Lessor (which notice shall be irrevocable and shall be sent to the attention of Lessor's Asset Management Organization, 44 Oxx Xxxxxxxxx Xxxx, Xxxxxxx, XX 00000-0000). Such notice shall state the Cancellation Date which shall apply. If all of the terms and conditions of this Section Provision are not fulfilled, this Lease shall continue in full force and effect and Lessee shall continue to be liable for all obligations thereunder, including, without limitation, the obligation to continue paying rent. Lessee shall be deemed to have waived this option if it fails to timely provide Lessor with the required written notice of its election to exercise the same. (ab) Prior to the Basic Term Expiration Cancellation Date, Lessee shall (i) pay to Lessor, as additional rent, ________________ percent (________ %A) of the Capitalized Lessor's Cost of Cancellation Value (set forth below for the applicable Cancellation Date) for the Equipment, plus (B) all rent and all other sums due and unpaid as of the Basic Term Expiration Cancellation Date (including, but not limited to, any rent Rent payment due and payable on the Basic Term Expiration Cancellation Date and any sales taxes and property taxes); and (ii) return the Equipment in full compliance with the RETURN OF EQUIPMENT Section XI of the AgreementLease, such compliance being independently verified by an independent appraiser selected by Lessor (reasonably acceptable to Lessee) to determine that the Equipment is in such compliance, which determination shall be final, binding and conclusive. Lessee shall bear all costs associated with such appraiser's determination and such costs, if any, to cause the Equipment to be in full compliance with the RETURN OF EQUIPMENT Section XI of the Agreement Lease on or prior to such Basic Term Expiration Cancellation Date. (bc) From The Cancellation Dates and the applicable Cancellation Values are as set forth below: October 1, 2001 1,350,028.20 (d) Lessee shall, from the applicable Notice Date through the Basic Tenn Expiration Cancellation Date, Lessee shall:, (i) continue to comply with all of the terms and conditions of the Lease, including, but not limited to, Lessee's obligation, obligation to pay rent, and (ii) make the Equipment available to Lessor in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor, ; provided, however, that, subject to Lessor's right to market and demonstrate the Equipment to potential purchasers or lessees from time to time, Lessee may still use the Equipment until the Basic Term Expiration Cancellation Date. (ce) Lessee shall, from the Basic Term Expiation applicable Cancellation Date through the earlier of the date the Equipment is sold by Lessor to a third party or thirty (30) 30 days following the Basic Term Expiration Cancellation Date, comply with the following terms and conditions: (i) continue Continue to provide insurance for the Equipment, at Lessee's own expense, in compliance with the terms found in the INSURANCE Section X of the AgreementLease, and (ii) make Make the Equipment available to Lessor and/or allow Lessor to store the Equipment at Lessee's premises, in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor. (df) The proceeds of any sale or re-lease of the Equipment after Lessee has exercised its Cancellation Option shall be for the sole benefit of Lessor and Lessee shall have no interest in nor or any claim upon any of such proceeds.

CANCELLATION OPTION. Upon at least one hundred eighty (180a) but not more than two hundred seventy (270) days written notice to Lessor prior to So long as no default exists hereunder and expressly provided that all of the Basic Term Expiration Date (the "Notice Date")terms and conditions of this Provision are fulfilled, Lessee my may cancel the Agreement (the "Cancellation Option") with respect as to all (but not less than all) of the Equipment on this ScheduleSchedule as of any one of the Cancellation Dates set forth below (each, a "Cancellation Date") upon at least 90 days prior written notice (the "Notice Date") to Lessor (which notice shall be irrevocable and shall be sent to the attention of Lessor's Asset Management Organization, 44 Oxx Xxxxxxxxx Xxxx, Xxxxxxx, XX 00000-0000). Xuch notice shall state the Cancellation Date which shall apply. If all of the terms and conditions of this Section Provision are not fulfilled, this Lease shall continue in full force and effect and Lessee shall continue to be liable for all obligations thereunder, including, without limitation, the obligation to continue paying rent. Lessee shall be deemed to have waived this option if it fails to timely provide Lessor with the required written notice of its election to exercise the same. (ab) Prior to the Basic Term Expiration Cancellation Date, Lessee shall (i) pay to Lessor, as additional rent, ________________ percent (________ %A) of the Capitalized Lessor's Cost of Cancellation Value (set forth below for the applicable Cancellation Date) for the Equipment, plus (B) all rent and all other sums due and unpaid as of the Basic Term Expiration Cancellation Date (including, but not limited to, any rent Rent payment due and payable on the Basic Term Expiration Cancellation Date and any sales taxes and property taxes); and (ii) return the Equipment in full compliance with the RETURN OF EQUIPMENT Section XI of the AgreementLease, such compliance being independently verified by an independent appraiser selected by Lessor (reasonably acceptable to Lessee) to determine that the Equipment is in such compliance, which determination shall be final, binding and conclusive. Lessee shall bear all costs associated with such appraiser's determination and such costs, if any, to cause the Equipment to be in full compliance with the RETURN OF EQUIPMENT Section XI of the Agreement Lease on or prior to such Basic Term Expiration Cancellation Date. (bc) From The Cancellation Dates and the applicable Cancellation Values are as set forth below: October 1, 2001 1,350,028.20 (d) Lessee shall, from the applicable Notice Date through the Basic Tenn Expiration Cancellation Date, Lessee shall:, (i) continue to comply with all of the terms and conditions of the Lease, including, but not limited to, Lessee's obligation, obligation to pay rent, and (ii) make the Equipment available to Lessor in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor, ; provided, however, that, subject to Lessor's right to market and demonstrate the Equipment to potential purchasers or lessees from time to time, Lessee may still use the Equipment until the Basic Term Expiration Cancellation Date. (ce) Lessee shall, from the Basic Term Expiation applicable Cancellation Date through the earlier of the date the Equipment is sold by Lessor to a third party or thirty (30) 30 days following the Basic Term Expiration Cancellation Date, comply with the following terms and conditions: (i) continue Continue to provide insurance for the Equipment, at Lessee's own expense, in compliance with the terms found in the INSURANCE Section X of the AgreementLease, and (ii) make Make the Equipment available to Lessor and/or allow Lessor to store the Equipment at Lessee's premises, in such a manner as to allow Lessor to market and demonstrate the Equipment to potential purchasers or lessees from such premises at no cost to Lessor. (df) The proceeds of any sale or re-lease sale of the Equipment after Lessee has exercised its Cancellation Option shall be for the sole benefit of Lessor and Lessee shall have no interest in nor or any claim upon any of such proceeds.