Common use of END OF LEASE Clause in Contracts

END OF LEASE. (a) Unless specified otherwise, Customer must give DSMBI sixty (60) day’s prior written notice of the date on which the Equipment is to be returned. (b) If Customer, without any further written agreement, continues to possess or occupy the Equipment after the expiration of the initial and any renewal term of Lease, with or without consent of DSMBI, Customer will then be deemed to have renewed this Lease on a month-to month basis subject to such rate as DSMBI declares to be in effect (and in the absence of such declaration at the last monthly rate applicable to the Equipment), and DSMBI may terminate such month-to month extensions at any time. (c) If, at any time after the initial or any renewal term (or at DSMBI’s request at any time this Lease is on a month-to month basis), DSMBI requests the return of the Equipment, Customer will return the Equipment to DSMBI, within five (5) days, at DSMBI’s designated address, at Customer’s sole cost. Additional charges will apply if DSMBI must return the building and the building’s path of removal is blocked, obstructed, utilities are not disconnected, require equipment beyond a truck, or impaired in any way. Missing accessories, attachments or other items, repairs of any kind and restoration to original specifications whether due to Customer alterations or otherwise will remain the sole responsibility of Customer, normal wear and tear excepted. (d) Customer may terminate this Lease prior to the expiration of the Minimum Lease Period, subject to all terms and conditions of this Lease, and the Customer will pay (in addition to tear-down and return charges) the following termination charges: i) If Customer is the first user of the Equipment: the remaining unpaid rental charges for the Minimum Lease Period; ii) If Customer is not the first user: The lesser of the remaining term or, (A) if the Minimum Lease Period (“MLP”) is less than three (3) rental months, four (4) times the Adjusted Weekly Lease charge (“AWLC”); if the MLP is between three (3) rental months and six (6) rental months, inclusive, eight (8) times the AWLC; if the MLP is more than six (6) rental months but one (1) year or less, twelve (12) times the AWLC; if the MLP exceeds one (1) year, fourteen (14) times the AWLC for each year, or portion thereof, of the portion of the MLP cancelled.

END OF LEASE. Provided (ai) Unless specified otherwiseno Event of Default has occurred and is continuing and (ii) Lessee has made all payments in accordance with the Lease, Customer must give DSMBI sixty (60) day’s prior upon written notice of the date on which the Equipment is to be returned. furnished by Lessee no later than four (b4) If Customer, without any further written agreement, continues to possess or occupy the Equipment after the expiration of the initial and any renewal term of Lease, with or without consent of DSMBI, Customer will then be deemed to have renewed this Lease on a month-to month basis subject to such rate as DSMBI declares to be in effect (and in the absence of such declaration at the last monthly rate applicable to the Equipment), and DSMBI may terminate such month-to month extensions at any time. (c) If, at any time after the initial or any renewal term (or at DSMBI’s request at any time this Lease is on a month-to month basis), DSMBI requests the return of the Equipment, Customer will return the Equipment to DSMBI, within five (5) days, at DSMBI’s designated address, at Customer’s sole cost. Additional charges will apply if DSMBI must return the building and the building’s path of removal is blocked, obstructed, utilities are not disconnected, require equipment beyond a truck, or impaired in any way. Missing accessories, attachments or other items, repairs of any kind and restoration to original specifications whether due to Customer alterations or otherwise will remain the sole responsibility of Customer, normal wear and tear excepted. (d) Customer may terminate this Lease months prior to the expiration of the Minimum Initial Term, Lessee may, with respect to each Equipment Schedule (if set forth in such Equipment Schedule) either: (a) Extend the Initial Term for not less than all the Equipment (i) for the additional period set forth on the applicable Equipment Schedule, and (ii) at the Monthly Rental set forth on the Equipment Schedule. Provided all payments have been made in accordance with the Lease Periodand there shall be no default under the Lease by Lessee, title to the Equipment shall pass to Lessee at the expiration of the 12 month extension and upon payment of $1.00.; (b) Extend the Initial Term for not less than all the Equipment for an additional 12 months at Fair Market Value rental; (c) Purchase not less than all the Equipment at Fair Market Value for a purchase price equal to the Fair Market Value thereof as of the end of the Initial Term, plus any taxes applicable at the time of purchase. The purchase price shall be paid by Lessee to Lessor at least thirty (30) days before the expiration of the Initial Term; (d) Terminate the applicable Equipment Schedule and return not less than all the Equipment, subject to a remarketing charge equal to the percentage set forth in the applicable Equipment Schedule of Lessor's original Purchase Price for the Equipment; (e) Purchase not less than all terms the Equipment at fifteen percent (15%) of Lesssor's original Purchase Price, plus any taxes applicable at the time of purchase; or (f) Such other alternatives as may be set forth on the Equipment Schedule. Not less than ninety (90) days prior to the end of the Initial Term, Lessee may provide written notice to Lessor of Lessee's intention to exercise the purchase or extension option described above. If, on or before a date sixty (60) days prior to the expiration of the Initial term Lessor and conditions Lessee are unable to agree upon a determination of this Lease, and the Customer will pay (in addition to tear-down and return charges) the following termination charges: i) If Customer is the first user fair market value of the Equipment, such fair market value shall be determined in accordance with the procedure for appraisal as described below. After a determination of the fair market value of the Equipment has been made in accordance with the procedure described below, Lessee may exercise its option to purchase the Equipment for the fair market value thereof by delivering written notice to Lessor not more than ten (10) days after completion of appraisal as described below. Appraisal shall mean a procedure whereby two independent appraisers, neither of whom shall be a manufacturer of such Items of Equipment, one chosen by Lessee and one by Lessor, shall mutually agree upon the amount in question based upon the definition set forth below. Each party shall deliver a written notice to the other party appointing its appraiser on or before a date sixty days prior to the expiration of the Initial Term. If within fifteen (15) days after appointment of the two appraisers as described above, the two appraisers are unable to agree upon the amount in question, a third independent appraiser, who shall not be a manufacturer of such Items of Equipment, shall be chosen within five (5) business days thereafter by the mutual consent of such first two appraisers or, if such first two appraisers fail to agree upon the appointment of a third appraiser, such appointment shall be made by an authorized representative of the American Arbitration Association or any organization successor thereof. The decision of the third appraiser so appointed and chosen shall be given ten (10) business days after the selection of such third appraiser. Lessee shall pay the fees and expenses of all appraisers, if any. For purposes hereof, Fair Market Value shall mean the amount that would obtain in a retail arm's length transaction between an informed and willing lessee- buyer in possession and an informed and willing lessor-seller. Rental charges previously paid pursuant to the applicable Equipment Schedule shall have no effect on the determination of Fair Market Value. Unless otherwise stated in the Equipment Schedule: the remaining unpaid rental charges Fair Market Value for items set forth on the Minimum Lease Period; iiEquipment Schedule which do not have a readily ascertainable market value, (including but not limited to software, cabling and certain equipment) If Customer is not shall be determined by multiplying the first user: The lesser Lessor's acquisition cost of such items by a fraction, the numerator of which shall be the Fair Market Value of the remaining term orother items and the denominator of which shall be the Lessor's acquisition cost of such other items; and the determination of Fair Market Value shall be based upon the assumption that all items set forth on the Equipment Schedule or included with the Equipment may be transferred to, (A) if and used by, a third party user. In such determination, all alternative uses in the Minimum Lease Period (“MLP”) is less than three (3) rental monthshands of each buyer or lessee, four (4) times including, without limitation, the Adjusted Weekly Lease charge (“AWLC”); if the MLP is between three (3) rental months and six (6) rental months, inclusive, eight (8) times the AWLC; if the MLP is more than six (6) rental months but one (1) year or less, twelve (12) times the AWLC; if the MLP exceeds one (1) year, fourteen (14) times the AWLC for each year, or portion thereof, further leasing of the portion of Equipment shall be taken into account in making such determination. If, for any reason, the MLP cancelledparties are unable to agree on the Fair Market Value with respect to said purchase or rental, then the Lease with respect to the Equipment shall remain in full force and effect.

END OF LEASE. Provided (ai) Unless specified otherwiseno Event of Default has occurred and is continuing and (ii) Lessee has made all payments in accordance with the Lease, Customer must give DSMBI sixty (60) day’s prior upon written notice of the date on which the Equipment is to be returned. furnished by Lessee no later than four (b4) If Customer, without any further written agreement, continues to possess or occupy the Equipment after the expiration of the initial and any renewal term of Lease, with or without consent of DSMBI, Customer will then be deemed to have renewed this Lease on a month-to month basis subject to such rate as DSMBI declares to be in effect (and in the absence of such declaration at the last monthly rate applicable to the Equipment), and DSMBI may terminate such month-to month extensions at any time. (c) If, at any time after the initial or any renewal term (or at DSMBI’s request at any time this Lease is on a month-to month basis), DSMBI requests the return of the Equipment, Customer will return the Equipment to DSMBI, within five (5) days, at DSMBI’s designated address, at Customer’s sole cost. Additional charges will apply if DSMBI must return the building and the building’s path of removal is blocked, obstructed, utilities are not disconnected, require equipment beyond a truck, or impaired in any way. Missing accessories, attachments or other items, repairs of any kind and restoration to original specifications whether due to Customer alterations or otherwise will remain the sole responsibility of Customer, normal wear and tear excepted. (d) Customer may terminate this Lease months prior to the expiration of the Minimum Initial Term, Lessee may, with respect to each Equipment Schedule (if set forth in such Equipment Schedule) either: (a) Extend the Initial Term for not less than all the Equipment (i) for the additional period set forth on the applicable Equipment Schedule, and (ii) at the Monthly Rental set forth on the Equipment Schedule. Provided all payments have been made in accordance with the Lease Periodand there shall be no default under the Lease by Lessee, title to the Equipment shall pass to Lessee at the expiration of the 12 month extension and upon payment of $1.00.; (b) Extend the Initial Term for not less than all the Equipment for an additional 12 months at Fair Market Value rental; (c) Purchase not less than all the Equipment at Fair Market Value for a purchase price equal to the Fair Market Value thereof as of the end of the Initial Term, plus any taxes applicable at the time of purchase. The purchase price shall be paid by Lessee to Lessor at least thirty (30) days before the expiration of the Initial Term; (d) Terminate the applicable Equipment Schedule and return not less than all the Equipment, subject to all terms a remarketing charge equal to the percentage set forth in the applicable Equipment Schedule of Lessor's original Purchase Price for the Equipment; or (e) Such other alternatives as may be set forth on the Equipment Schedule. If, on or before a date which is sixty (60) days prior to the expiration of the Initial Term, Lessor and conditions Lessee are unable to agree upon a determination of this Lease, and the Customer will pay (in addition to tear-down and return charges) the following termination charges: i) If Customer is the first user Fair Market Value of the Equipment, the Fair Market Value (to be determined in accordance with the definition set forth in this Section) shall be conclusively established not less than thirty (30) days prior to the expiration of the Initial Term by an independent appraiser selected by Lessor. Lessor shall notify Lessee of the name and address of said appraiser. The costs of such appraiser shall be paid by Lessee within ten (10) days after receipt of an invoice therefor. For purposes hereof, Fair Market Value shall mean the amount that would obtain in a retail arm's length transaction between an informed and willing lessee- buyer in possession and an informed and willing lessor-seller. Rental charges previously paid pursuant to the applicable Equipment Schedule shall have no effect on the determination of Fair Market Value. Unless otherwise stated in the Equipment Schedule: the remaining unpaid rental charges Fair Market Value for items set forth on the Minimum Lease Period; iiEquipment Schedule which do not have a readily ascertainable market value, (including but not limited to software, cabling and certain equipment) If Customer is not shall be determined by multiplying the first user: The lesser Lessor's acquisition cost of such items by a fraction, the numerator of which shall be the Fair Market Value of the remaining term orother items and the denominator of which shall be the Lessor's acquisition cost of such other items; and the determination of Fair Market Value shall be based upon the assumption that all items set forth on the Equipment Schedule or included with the Equipment may be transferred to, (A) if and used by, a third party user. In such determination, all alternative uses in the Minimum Lease Period (“MLP”) is less than three (3) rental monthshands of each buyer or lessee, four (4) times including, without limitation, the Adjusted Weekly Lease charge (“AWLC”); if the MLP is between three (3) rental months and six (6) rental months, inclusive, eight (8) times the AWLC; if the MLP is more than six (6) rental months but one (1) year or less, twelve (12) times the AWLC; if the MLP exceeds one (1) year, fourteen (14) times the AWLC for each year, or portion thereof, further leasing of the portion of Equipment shall be taken into account in making such determination. If, for any reason, the MLP cancelledparties are unable to agree on the Fair Market Value with respect to said purchase or rental, then the Lease with respect to the Equipment shall remain in full force and effect.