Common use of DISPOSITION OF PERSONAL PROPERTY AND PERMANENT IMPROVEMENTS OTHER THAN SITE DEVELOPMENT MATERIALS Clause in Contracts

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 Permanent Improvements present a hazard to public health or safety. (4) The departing Sublessee to whom the Borough has issued direction under (5) of this section shall comply with the Borough's direction within 60 days after issuance of the direction and at no cost to the Borough. If the departing Sublessee shows good cause to the Borough and if it is not inconsistent with the best interest of the Borough, the Borough will allow in writing a longer period that is sufficient to allow the Sublessee to comply with the Borough’s direction. A departing Sublessee who fails to comply with a direction issued by the Borough under (3) of this section, shall, within 30 days of being billed by the Borough, reimburse the Borough for any costs reasonably incurred by the Borough, including legal fees and administrative costs, to enforce the Borough’s direction or to remove and dispose of unremoved Sublessee- owned permanent improvements, remediate any Contamination for which the Sublessee is responsible and restore the Sublease Premises. (5) If the departing Sublessee does not timely remove or sell the Sublessee-owned Permanent Improvements on the Sublease Premises in accordance with the requirements of this section, any remaining Permanent Improvements and any remaining personal property of the departing Sublessee will be considered permanently abandoned. The Borough may sell, lease, demolish, dispose of, remove, or retain the abandoned property for Borough use as the Borough determines is in the best interest of the Borough. The departing Sublessee shall, within 30 days after being billed by the Borough, reimburse the Borough for any costs reasonably incurred by the Borough, including legal and administrative costs, to demolish, remove, dispose, clear title to, or sell the abandoned property and to remediate and restore the Sublease Premises. (6) After the expiration, termination, or cancellation of the Sublease, including any holdover period, the departing Sublessee loses all right to occupy or use the premises without the express or implied consent of the Borough. Except as the Borough notifies the departing Sublessee otherwise in writing, the Borough consents to the departing Sublessee's continued use and occupancy of the Sublease Premises to diligently accomplish the requirements of this section. Until the departing Sublessee relinquishes possession of and completely vacates the Sublease Premises under (7) of this section and notifies the Borough in writing that it has relinquished and vacated the Sublease Premises, the departing Sublessee shall perform the following as if the lease were still in effect, (a) pay rent to the Borough; (b) maintain the premises; (c) provide the Borough with evidence of insurance coverage required under the Sublease; and (d) cease using the premises other than to diligently accomplish the requirements of this section, and to comply with the other requirements of the Sublease. (7) A departing Sublessee will not be considered to have relinquished possession and completely vacated the Sublease Premises until (a) the departing Sublessee has (i) remediated, consistent with applicable law, any Contamination for which the Sublessee is responsible under this chapter; and (ii) restored the Sublease Premises to a clean and neat physical condition acceptable to the Borough; and (b) either (i) removed all of the Sublessee's Permanent Improvements and personal property from the premises or sold the Permanent Improvements and personal property to a succeeding Sublessee under the provisions of this section; or (ii) transferred title to the Sublessee's Permanent Improvements and personal property that remain on the premises to the Borough.

DISPOSITION OF PERSONAL PROPERTY AND PERMANENT IMPROVEMENTS OTHER THAN SITE DEVELOPMENT MATERIALS. (1) a. Unless the Borough Lessor otherwise directs under (3) of this sectionas provided below, when this Sublease Lease expires, terminates terminates, or is cancelled and is neither extended nor followed by a successive subleaselease, the departing Sublessee Lessee may do one or more of the following: (a) i. remove SublesseeLessee-owned Permanent Improvements from the Sublease Premises, remediate any Contamination for which the Sublessee Lessee is responsible, and restore the Sublease Premises to a clean and neat physical condition acceptable to the Borough Lessor within 60 days after the expiration, cancellation, or termination date of this SubleaseLease; (b) ii. with written approval from the Lessor, sell SublesseeLessee-owned Permanent Improvements to the succeeding Sublesseelessee, remove all personal property, remediate remediate, any Contamination for which the Sublessee Lessee is responsible and leave the Sublease Premises in a clean and neat physical condition acceptable to the Borough Lessor within 60 days after notice from the Borough Lessor that the Borough Lessor 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 SubleaseLease; (2) iii. elect to have the Lessor sell Lessee-owned Permanent Improvements at public auction as provided below, remediate any Contamination for which the Lessee is responsible, and restore the premises to a clean and neat physical condition acceptable to the Lessor. If the Sublessee Lessor sells Permanent Improvements under this Paragraph for removal from the Premises, the departing Lessee's obligation under this Paragraph continues until the Premises are remediated and restored to a clean and neat physical condition acceptable to the Lessor after the improvements have been removed. b. If the departing Lessee elects to have the Lessor sell Lessee-owned Permanent Improvements at public auction per this Section, the Lessee shall, within 30 days after the expiration, cancellation, or termination of this Lease: i. submit to the Lessor a written request and authorization to sell the Permanent Improvements by public auction; ii. provide to the Lessor an executed conveyance document transferring clear title to the Permanent Improvements to the successful bidder at the public auction, along with authorization to the Lessor, as agent for the Lessee for purposes of the sale only, to endorse the name of the successful bidder on the conveyance document upon receipt of payment of the successful bid price; and iii. before the date of the public auction, remove all personal property, remediate any Contamination for which the Lessee is responsible and leave the Premises in a neat and clean physical condition acceptable to the Lessor. c. When selling Lessee-owned Permanent Improvements at public auction for the departing Lessee, the Lessor will establish the terms and conditions of the sale. The Lessor shall pay the Lessee any proceeds of the sale of the Permanent Improvements, less the administrative costs of the public auction and any financial obligation the Lessee owes to the Lessor under this Lease. Payment will be made within a reasonable time after the Lessor completes the sale transaction and receives the proceeds, but not to exceed 60 days. If all or a portion of the Permanent Improvements do not sell at public auction, the Lessee will remove those Permanent Improvements, remediate any Contamination for which the Lessee is responsible and restore the Premises to a clean and neat physical condition acceptable to the Lessor within 60 days after the auction. d. If the Lessee shows good cause to the Borough, Lessor and if it is not inconsistent with the best interest of the BoroughCity of Kenai, the Borough Lessor will grant an extension of time that is sufficient to allow the Sublessee Lessee to remove or sell SublesseeLessee-owned Permanent Improvements, remediate any Contamination for which the Sublessee Lessee is responsible and to restore the Sublease Premises to a clean and neat physical condition acceptable to the Borough under this sectionLessor. (3) e. The Borough Lessor will, by written notice, direct the departing Sublessee Lessee to remove SublesseeLessee-owned Permanent Improvements from the Sublease Premises, to remediate, consistent with applicable law, any Contamination for which a lessee the Lessee is responsible under 17 AAC 45 and to restore the Sublease Premises to a clean and neat physical condition acceptable to the Borough Lessor if the Borough Lessor determines in writing: (a) i. 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 City program or plan required for compliance with applicable federal federal, state, or state local law; (b) ii. that the continued presence of the Permanent Improvements on the Sublease Premises is not in the best interest of the BoroughCity of Kenai; or (c) iii. that the Permanent Improvements present a hazard to public health or safety. (4) f. The departing Sublessee Lessee to whom the Borough Lessor has issued direction under (5) Paragraph e of this section Section shall comply with the BoroughLessor's direction within 60 days after issuance of the direction and at no cost to the BoroughLessor. If the departing Sublessee Lessee shows good cause to the Borough Lessor, continues to work diligently to comply with Lessor’s direction, and if it is not inconsistent with the best interest of the BoroughCity of Kenai, the Borough Lessor will allow in writing a longer period that is sufficient to allow the Sublessee Lessee to comply with the BoroughLessor’s direction. A departing Sublessee Lessee who fails to comply with a direction issued by the Borough Lessor under (3) Paragraph e of this sectionSection, shall, within 30 days of being billed by the BoroughLessor, reimburse the Borough Lessor for any costs reasonably incurred by the BoroughLessor, including legal fees and administrative costs, to enforce the BoroughLessor’s direction or to remove and dispose of unremoved Sublessee- Lessee-owned permanent improvements, remediate any Contamination for which the Sublessee Lessee is responsible and restore the Sublease Premises. (5) g. If the departing Sublessee Lessee does not timely remove or sell the SublesseeLessee-owned Permanent Improvements on the Sublease Premises in accordance with the requirements of this sectionSection, any remaining Permanent Improvements and any remaining personal property of the departing Sublessee Lessee will be considered permanently abandoned. The Borough Lessor may sell, lease, demolish, dispose of, remove, or retain the abandoned property for Borough use as the Borough Lessor determines is in the best interest of the BoroughCity of Kenai. The departing Sublessee Lessee shall, within 30 days after being billed by the BoroughLessor, reimburse the Borough Lessor for any costs reasonably incurred by the BoroughLessor, including legal and administrative costs, to demolish, remove, dispose, clear title to, or sell the abandoned property and to remediate and restore the Sublease Premises. (6) h. After the expiration, termination, or cancellation of the SubleaseLease, including any holdover periodholdover, the departing Sublessee Lessee loses all right to occupy or use the premises without the express or implied consent of the BoroughLessor. Except as the Borough Lessor notifies the departing Sublessee Lessee otherwise in writing, the Borough Lessor consents to the departing SublesseeLessee's continued use and occupancy of the Sublease Premises to diligently accomplish the requirements of this sectionSection. Until the departing Sublessee Lessee relinquishes possession of and completely vacates the Sublease Premises under (7) of this section and notifies the Borough Lessor in writing that it has relinquished and vacated the Sublease Premises, the departing Sublessee Lessee shall perform the following as if the lease were still in effect, (a) i. pay rent to the BoroughLessor; (b) ii. maintain the premises; (c) iii. provide the Borough Lessor with evidence of each insurance coverage coverage, if any, required under the SubleaseLease; and (d) cease using the premises other than to diligently accomplish the requirements of this section, and to comply with the other requirements of the Sublease. (7) A departing Sublessee will not be considered to have relinquished possession and completely vacated the Sublease Premises until (a) the departing Sublessee has (i) remediated, consistent with applicable law, any Contamination for which the Sublessee is responsible under this chapter; and (ii) restored the Sublease Premises to a clean and neat physical condition acceptable to the Borough; and (b) either (i) removed all of the Sublessee's Permanent Improvements and personal property from the premises or sold the Permanent Improvements and personal property to a succeeding Sublessee under the provisions of this section; or (ii) transferred title to the Sublessee's Permanent Improvements and personal property that remain on the premises to the Borough.

DISPOSITION OF PERSONAL PROPERTY AND PERMANENT IMPROVEMENTS OTHER THAN SITE DEVELOPMENT MATERIALS. (1) Unless the Borough otherwise directs under (35) 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 the Sublessee is responsible under 17 AAC 45 as amended 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 Permanent Improvements present a hazard to public health or safety. (4) The departing Sublessee to whom the Borough has issued direction under (5) of this section shall comply with the Borough's direction within 60 days after issuance of the direction and at no cost to the Borough. If the departing Sublessee shows good cause to the Borough and if it is not inconsistent with the best interest of the Borough, the Borough will allow in writing a longer period that is sufficient to allow the Sublessee to comply with the Borough’s direction. A departing Sublessee who fails to comply with a direction issued by the Borough under (3) of this section, shall, within 30 days of being billed by the Borough, reimburse the Borough for any costs reasonably incurred by the Borough, including legal fees and administrative costs, to enforce the Borough’s direction or to remove and dispose of unremoved Sublessee- Sublessee-owned permanent improvementsPermanent Improvements, remediate any Contamination for which the Sublessee is responsible and restore the Sublease Premises. (5) If the departing Sublessee does not timely remove or sell the Sublessee-owned Permanent Improvements on the Sublease Premises in accordance with the requirements of this section, any remaining Permanent Improvements and any remaining personal property of the departing Sublessee will be considered permanently abandoned. The Borough may sell, lease, demolish, dispose of, remove, or retain the abandoned property for Borough use as the Borough determines is in the best interest of the Borough. The departing Sublessee shall, within 30 days after being billed by the Borough, reimburse the Borough for any costs reasonably incurred by the Borough, including legal and administrative costs, to demolish, remove, dispose, clear title to, or sell the abandoned property and to remediate and restore the Sublease Premises. (6) After the expiration, termination, or cancellation of the Sublease, including any holdover period, the departing Sublessee loses all right to occupy or use the premises without the express or implied consent of the Borough. Except as the Borough notifies the departing Sublessee otherwise in writing, the Borough consents to the departing Sublessee's continued use and occupancy of the Sublease Premises to diligently accomplish the requirements of this section. Until the departing Sublessee relinquishes possession of and completely vacates the Sublease Premises under (7) of this section and notifies the Borough in writing that it has relinquished and vacated the Sublease Premises, the departing Sublessee shall perform the following as if the lease were still in effect, (a) pay rent to the Borough; (b) maintain the premises; (c) provide the Borough with evidence of insurance coverage required under the Sublease; and (d) cease using the premises other than to diligently accomplish the requirements of this section, and to comply with the other requirements of the Sublease. (7) A departing Sublessee will not be considered to have relinquished possession and completely vacated the Sublease Premises until (a) the departing Sublessee has (i) remediated, consistent with applicable law, any Contamination for which the Sublessee is responsible under this chapter; and (ii) restored the Sublease Premises to a clean and neat physical condition acceptable to the Borough; and (b) either (i) removed all of the Sublessee's Permanent Improvements and personal property from the premises or sold the Permanent Improvements and personal property to a succeeding Sublessee under the provisions of this section; or (ii) transferred title to the Sublessee's Permanent Improvements and personal property that remain on the premises to the Borough.

DISPOSITION OF PERSONAL PROPERTY AND PERMANENT IMPROVEMENTS OTHER THAN SITE DEVELOPMENT MATERIALS. (1) a. Unless the Borough Lessor otherwise directs under (3) of this sectionas provided below, when this Sublease Lease expires, terminates terminates, or is cancelled and is neither extended nor followed by a successive subleaselease, the departing Sublessee Lessee may do one or more of the following: (a) i. remove SublesseeLessee-owned Permanent Improvements from the Sublease Premises, remediate any Contamination for which the Sublessee Lessee is responsible, and restore the Sublease Premises to a clean and neat physical condition acceptable to the Borough Lessor within 60 days after the expiration, cancellation, or termination date of this SubleaseLease; (b) ii. with written approval from the Lessor, sell SublesseeLessee-owned Permanent Improvements to the succeeding Sublesseelessee, remove all personal property, remediate remediate, any Contamination for which the Sublessee Lessee is responsible and leave the Sublease Premises in a clean and neat physical condition acceptable to the Borough Lessor within 60 days after notice from the Borough Lessor that the Borough Lessor 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 SubleaseLease; (2) iii. elect to have the Lessor sell Lessee-owned Permanent Improvements at public auction as provided below, remediate any Contamination for which the Lessee is responsible, and restore the premises to a clean and neat physical condition acceptable to the Lessor. If the Sublessee Lessor sells Permanent Improvements under this Paragraph for removal from the Premises, the departing Xxxxxx's obligation under this Paragraph continues until the Premises are remediated and restored to a clean and neat physical condition acceptable to the Lessor after the improvements have been removed. b. If the departing Lessee elects to have the Lessor sell Lessee-owned Permanent Improvements at public auction per this Section, the Lessee shall, within 30 days after the expiration, cancellation, or termination of this Lease: i. submit to the Lessor a written request and authorization to sell the Permanent Improvements by public auction; ii. provide to the Lessor an executed conveyance document transferring clear title to the Permanent Improvements to the successful bidder at the public auction, along with authorization to the Lessor, as agent for the Lessee for purposes of the sale only, to endorse the name of the successful bidder on the conveyance document upon receipt of payment of the successful bid price; and iii. before the date of the public auction, remove all personal property, remediate any Contamination for which the Lessee is responsible and leave the Premises in a neat and clean physical condition acceptable to the Lessor. c. When selling Lessee-owned Permanent Improvements at public auction for the departing Lessee, the Lessor will establish the terms and conditions of the sale. The Lessor shall pay the Lessee any proceeds of the sale of the Permanent Improvements, less the administrative costs of the public auction and any financial obligation the Lessee owes to the Lessor under this Lease. Payment will be made within a reasonable time after the Lessor completes the sale transaction and receives the proceeds, but not to exceed 60 days. If all or a portion of the Permanent Improvements do not sell at public auction, the Lessee will remove those Permanent Improvements, remediate any Contamination for which the Lessee is responsible and restore the Premises to a clean and neat physical condition acceptable to the Lessor within 60 days after the auction. d. If the Lessee shows good cause to the Borough, Lessor and if it is not inconsistent with the best interest of the BoroughCity of Kenai, the Borough Lessor will grant an extension of time that is sufficient to allow the Sublessee Lessee to remove or sell SublesseeLessee-owned Permanent Improvements, remediate any Contamination for which the Sublessee Lessee is responsible and to restore the Sublease Premises to a clean and neat physical condition acceptable to the Borough under this sectionLessor. (3) e. The Borough Lessor will, by written notice, direct the departing Sublessee Lessee to remove SublesseeLessee-owned Permanent Improvements from the Sublease Premises, to remediate, consistent with applicable law, any Contamination for which a lessee the Lessee is responsible under 17 AAC 45 and to restore the Sublease Premises to a clean and neat physical condition acceptable to the Borough Lessor if the Borough Lessor determines in writing: (a) i. 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 Airport program or plan required for compliance with applicable federal federal, state, or state local law; (b) ii. that the continued presence of the Permanent Improvements on the Sublease Premises is not in the best interest of the BoroughCity of Kenai; or (c) iii. that the Permanent Improvements present a hazard to public health or safety. (4) f. The departing Sublessee Lessee to whom the Borough Lessor has issued direction under (5) Paragraph e of this section Section shall comply with the BoroughLessor's direction within 60 days after issuance of the direction and at no cost to the BoroughLessor. If the departing Sublessee Lessee shows good cause to the Borough Lessor, continues to work diligently to comply with Xxxxxx’s direction, and if it is not inconsistent with the best interest of the BoroughCity of Kenai, the Borough Lessor will allow in writing a longer period that is sufficient to allow the Sublessee Lessee to comply with the BoroughLessor’s direction. A departing Sublessee Lessee who fails to comply with a direction issued by the Borough Lessor under (3) Paragraph e of this sectionSection, shall, within 30 days of being billed by the BoroughLessor, reimburse the Borough Lessor for any costs reasonably incurred by the BoroughLessor, including legal fees and administrative costs, to enforce the BoroughLessor’s direction or to remove and dispose of unremoved Sublessee- Lessee-owned permanent improvements, remediate any Contamination for which the Sublessee Lessee is responsible and restore the Sublease Premises. (5) g. If the departing Sublessee Lessee does not timely remove or sell the SublesseeLessee-owned Permanent Improvements on the Sublease Premises in accordance with the requirements of this sectionSection, any remaining Permanent Improvements and any remaining personal property of the departing Sublessee Lessee will be considered permanently abandoned. The Borough Lessor may sell, lease, demolish, dispose of, remove, or retain the abandoned property for Borough Airport use as the Borough Lessor determines is in the best interest of the BoroughCity of Kenai. The departing Sublessee Lessee shall, within 30 days after being billed by the BoroughLessor, reimburse the Borough Lessor for any costs reasonably incurred by the BoroughLessor, including legal and administrative costs, to demolish, remove, dispose, clear title to, or sell the abandoned property and to remediate and restore the Sublease Premises. (6) h. After the expiration, termination, or cancellation of the SubleaseLease, including any holdover periodholdover, the departing Sublessee Lessee loses all right to occupy or use the premises without the express or implied consent of the BoroughLessor. Except as the Borough Lessor notifies the departing Sublessee Lessee otherwise in writing, the Borough Lessor consents to the departing SublesseeXxxxxx's continued use and occupancy of the Sublease Premises to diligently accomplish the requirements of this sectionSection. Until the departing Sublessee Lessee relinquishes possession of and completely vacates the Sublease Premises under (7) of this section and notifies the Borough Lessor in writing that it has relinquished and vacated the Sublease Premises, the departing Sublessee Lessee shall perform the following as if the lease were still in effect, (a) i. pay rent to the BoroughLessor; (b) ii. maintain the premises; (c) iii. provide the Borough Lessor with evidence of each insurance coverage coverage, if any, required under the SubleaseLease; and (d) cease using the premises other than to diligently accomplish the requirements of this section, and to comply with the other requirements of the Sublease. (7) A departing Sublessee will not be considered to have relinquished possession and completely vacated the Sublease Premises until (a) the departing Sublessee has (i) remediated, consistent with applicable law, any Contamination for which the Sublessee is responsible under this chapter; and (ii) restored the Sublease Premises to a clean and neat physical condition acceptable to the Borough; and (b) either (i) removed all of the Sublessee's Permanent Improvements and personal property from the premises or sold the Permanent Improvements and personal property to a succeeding Sublessee under the provisions of this section; or (ii) transferred title to the Sublessee's Permanent Improvements and personal property that remain on the premises to the Borough.