Common use of Lessee's Option to Purchase Clause in Contracts

Lessee's Option to Purchase. Subject to the terms and conditions and provisions set forth in this Article, Lessee shall have the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Date, to purchase from Lessor Lessor's interest in the Leased Property at the Purchase Option Price. Such option must be exercised by written notice to Lessor and Lender, which exercise shall be irrevocable, and such notice will specify the closing date for Lessee's purchase of the Leased Property, which date shall be (i) not less than ten (10) Business Days or more than 90 calendar days following Lessor's receipt of such notice and (ii) in any event not later than the Lease Termination Date. If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this Article, on such closing date, Lessor shall convey to Lessee, and Lessee shall purchase from Lessor, Lessor's interest in the Leased Property. If Lessee fails to exercise the Purchase Option in a timely manner, then the Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e).

Lessee's Option to Purchase. (a) Subject to the terms and terms, conditions and provisions set forth in this ArticleArticle XIV, Lessee shall have the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to purchase from Lessor Lessor, Lessor's interest in all of the Leased Property at Properties; provided that, except as set forth in paragraph (b) below, such option must be exercised with respect to all, but not less than all, of the Purchase Option PriceLeased Properties. Such option must be exercised by written notice to Lessor and Lender, not later than twelve months prior to the Lease Termination Date which exercise notice shall be irrevocable, and ; such notice will shall specify the closing date for Lessee's that such purchase of the Leased Propertyshall take place, which date shall be (i) a Rent Payment Date occurring not less than ten thirty (1030) Business Days or more than 90 calendar days following Lessor's receipt of after such notice and (ii) in any event not later than or the Lease Termination DateDate (whichever is earlier). If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this ArticleArticle XIV, on such closing datethe applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to Lessee, without recourse or warranty (other than as to the absence of Lessor Liens) and Lessee shall purchase from Lessor, Lessor's interest in the Leased Properties. (b) Subject to the terms, conditions and provisions set forth in this Article XIV, Lessee shall have the option (the "Partial Purchase Option"), to be exercised as set forth below, to purchase from Lessor Lessor's interest in any Leased Property; provided that such option may be exercised only if, after giving effect thereto, there are at least 15 Leased Properties subject to this Lease, unless it is exercised with respect to all Leased Properties as set forth in paragraph (a) above. Such option must be exercised by written notice to Lessor not later than twelve months prior to the Lease Termination Date, which notice shall be irrevocable; such notice shall specify the Leased Property to be purchased and the date that such purchase shall take place, which date shall be a Rent Payment Date occurring not less than thirty (30) days after such notice or the Lease Termination Date (whichever is earlier). If Lessee fails to exercise the a Partial Purchase Option is exercised pursuant to the foregoing, subject to the provisions set forth in a timely mannerthis Article XIV, then on the Purchase Option applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall thereupon automatically terminate convey to Lessee, without any further action recourse or warranty (other than as to the absence of Lessor Liens) and Lessee shall purchase from Lessor, and Lessor's interest in the Leased Property that is the subject of such Partial Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e)Option.

Lessee's Option to Purchase. Subject to So long as no Default or Event of Default then exists, and so long as no such Default or Event of Default exists at the terms time of the closing of the purchase, at the expiration of the Fixed Term and conditions and provisions set forth in at the expiration of each Extension Term of this ArticleLease, the Lessee shall have the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Dateoption, to purchase from Lessor Lessor's interest in the Leased Property at the Purchase Option Price. Such option must be exercised by written notice to the Lessor and Lenderat least sixty (60) days prior to the expiration of the Fixed Term or the Extension Term, which exercise shall be irrevocableas applicable, and such notice will specify to purchase the closing date for Lessee's Leased Property at a purchase price equal to the greater of (i) the Fair Market Value of the Leased Property, which or (ii) the Total Development Costs (including any Capital Additions funded by the Lessor, but excluding any Capital Additions funded by the Lessee), as increased by an amount equal to the greater of (A) two and one-half percent (2.5%) per annum from the date hereof, or (B) the rate of increase in the CPI on each Adjustment Date. Notwithstanding anything contained herein to the contrary, in no event shall the purchase price be less than the Fair Market Value of the Leased Property. Unless expressly otherwise provided in this Section 34.1, in the event the Lessee exercises such option to purchase the Leased Property, (i) not less than the terms set forth in Article XVIII shall apply, (ii) Lessee shall continue paying Rent as required under this Lease until the purchase is closed, and (iii) the sale/purchase must be closed within ninety (90) days after the date of the written notice from Lessee to Lessor. Notwithstanding any provision herein to the contrary, this Lease, and specifically Lessee's rights as set forth in this Section 34.1, are and shall be subject, subordinate and inferior to any Facility Instrument. This provision shall be self-operative. However, any Facility Lender may from time to time request that such subordination be evidenced by a separate written agreement. Within ten (10) Business Days or more than 90 calendar days following Lessor's receipt of written request by any Facility Lender, the Lessee shall execute and deliver to such notice Facility Lender a written agreement, in form and substance satisfactory to such Facility Lender and any applicable rating agency. In the event Lessee fails or refuses to execute and deliver such written agreement within such ten (ii10) in any event not later than the Lease Termination Date. If the Purchase Option is exercised pursuant to the foregoingday period, then, subject in addition to all other remedies available at law or in equity, the provisions set forth in this Article, on such closing date, Lessor shall convey be entitled to terminate Lessee's rights under this Section 34.1 upon delivery of five (5) days' written notice to Lessee. In the event Lessee has not executed and delivered to such Facility Lender and any applicable rating agency, and Lessee shall purchase from Lessorif any, Lessor's interest in the Leased Property. If Lessee fails to exercise the Purchase Option in a timely mannerwritten agreement requested within such five (5) day period, then the Purchase Option in such event, Lessee's rights under this Section 34.1 shall thereupon automatically terminate without any further action of Lessor, be deemed forfeited and the Purchase Option shall thereafter be of no further force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e).

Lessee's Option to Purchase. Subject So long as Lessee is not in monetary or payment default of any kind, or no event has occurred which with the giving of notice or the passage of time or both would constitute such a default (except as otherwise expressly provided in Section 16.2) under the terms of this Lease and the Tenant Leases, at any time from and after the tenth anniversary of the Commencement Date, Prime shall have the option, to be exercised by ninety (90) days' prior written notice to the Lessor, to purchase the Leased Property (including Lessor's interests and rights under the Air Space Agreement and the Parking Space Lease) at a purchase price sufficient to cause Lessor to receive, on an unleveraged basis, a sum equal to (i) the Purchase Price of the Leased Property and (ii) an amount sufficient to yield to Lessor an internal rate of return thereon that is equal to eleven percent (11%) per year, taking into account all payments of Base Rent received by Lessor prior to the closing date of such purchase (the "Option Price"), provided, however, in no event shall the Option Price be less than the Purchase Price. Unless expressly otherwise provided in this Section 35.1, in the event the option to purchase the Leased Property is exercised, (i) the terms and conditions and provisions set forth in Article XVIII shall apply, (ii) Lessee shall continue paying Rent as required under this ArticleLease until the purchase is closed, and (iii) the sale/purchase must be closed within ninety (90) days after the date of the written notice from Lessee to Lessor of Prime's intent to purchase, unless a different closing date is agreed upon in writing by Lessor and Prime. If Prime declines to exercise the option provided herein, then Lessee shall have the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Date, to purchase from Lessor Lessor's interest in on the Leased Property at the Purchase Option Price. Such option must be exercised by written notice to Lessor same terms and Lenderconditions, which exercise shall be irrevocable, and such notice will specify the closing date for Lessee's purchase but without an extension of the Leased Property, which date shall be (i) not less than ten (10) Business Days or more than 90 calendar days following Lessor's receipt of such notice and (ii) in any event not later than time to close the Lease Termination Date. If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this Article, on such closing date, Lessor shall convey to Lessee, and Lessee shall purchase from Lessor, Lessor's interest in the Leased Property. If Lessee fails to exercise the Purchase Option in a timely manner, then the Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e)purchase.

Lessee's Option to Purchase. Subject to the terms and conditions and provisions set forth in Provided this ArticleLease has not been terminated for any reason by either Lessor or Lessee prior thereto, Lessee shall have have, at its option but with no obligation, the option right to purchase all of Lessor's right, title and interest in the Property and, to the extent transferable, the Permits (the "Purchase Option")) for a purchase price equal to the Purchase option Price, exercisable at any time during the Lease Term on or upon giving Lessor written notice of its election to purchase not less than 90 days prior to the tenth Business Day next preceding the Lease Termination Date, to purchase from Lessor Lessor's interest in the Leased Property at the Purchase Option Price. Such option must be exercised by written notice to Lessor and Lender, which exercise shall be irrevocable, and such notice will specify the closing date for Lessee's purchase expiration of the Leased Property, which date shall be (i) not less than ten (10) Business Days or more than 90 calendar days following Lessor's receipt of such notice and (ii) in any event not later than the Initial Lease Termination Date. If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this Article, on such closing date, Lessor shall convey to Lessee, and Lessee shall purchase from Lessor, Lessor's interest in the Leased PropertyTerm. If Lessee fails to exercise give notice of its election to purchase within the time herein allowed or if this Lease is terminated prior to giving such notice, the Purchase Option in a timely manner, then the Purchase Option option shall thereupon automatically terminate without any further action of Lessor, expire and the Purchase Option shall thereafter be of no further force or effect. The purchase transaction shall be consummated on December 31, 2002 or on such other day during December 2002 as Lessor and Lessee shall agree to in writing (the "Option Closing Date") by delivery of limited warranty deeds and special warranty deeds to Lessee, or such other party as Lessee may direct, against payment of the Purchase Option granted to Lessee pursuant to this Section is exclusive Price in immediately available funds (excepting from such deeds such portion, if any, of the purchase option provided Property as shall have been sold by Lessor prior to Lessee the Option Closing Date pursuant to Section 14.1(e35.2 hereof, taken by a Taking or otherwise released from this Lease pursuant to the terms hereof), and the title so to be transferred may be subject to (a) any and all defects in title and rights of third parties existing at the date Lessor acquired the Property, (b) the lien or effect of any and all Impositions and any and all Legal Requirements, (c) encumbrances and exceptions arising as a result of action taken by Lessor to enforce its rights and remedies under this Lease, and (d) any and all rights of third parties created or suffered by Lessee or by Lessor with the consent of or at the request of Lessee or as a result of any act or failure to act of Lessee, but shall be free of any other defects of title or rights of third parties created or permitted over the objections of Lessee by Lessor or Liens for Excluded Taxes, except this Lease. Lessee shall pay or cause to be paid, and shall indemnify and hold Lessor harmless against, all charges incident to the proposed conveyance (whether or not the same shall be consummated), including, without limitation, all reasonable counsel fees and expenses, all escrow fees, recording fees, title insurance premiums, survey costs and all applicable transfer taxes, deed taxes, stamp taxes or similar taxes imposed by reason of the conveyance of title to the Property by Lessor to Lessee or the execution, delivery and recording of the deeds, it being the intent hereof that the Purchase Option Price paid to Lessor for the Property shall be absolutely net to Lessor and that such conveyance be effected without cost or expense to Lessor; provided, however, Lessee shall not be responsible for or obligated to indemnify Lessor for any Excluded Taxes hereunder other than transfer taxes, deed taxes, stamp taxes or similar taxes. Lessee hereby acknowledges and agrees that, in the event Lessee for any reason does not exercise the Purchase Option, the Lease Term will immediately be extended to include the Extension Period.

Lessee's Option to Purchase. (a) Subject to the terms and terms, conditions and provisions set forth in this ArticleArticle XIV, each Lessee shall have the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to purchase from Lessor Lessor, Lessor's interest in all of the Leased Property at Properties; provided that, except as set forth in paragraph (b) below, such option must be exercised with respect to all, but not less than all, of the Purchase Option PriceLeased Properties under all of the Lease Supplements. Such option must be exercised by written notice to Lessor and Lender, not later than six months prior to the Lease Termination Date which exercise notice shall be irrevocable, and ; such notice will shall specify the closing date for Lessee's that such purchase of the Leased Propertyshall take place, which date shall be (i) a date occurring not less than ten thirty (1030) Business Days or more than 90 calendar days following Lessor's receipt of after such notice and (ii) in any event not later than or the Lease Termination DateDate (whichever is earlier). If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this ArticleArticle XIV, on such closing datethe applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to each Lessee, by special warranty deed and bill xx sale, without recourse or warranty (other than as to the absence of Lessor Liens) and each Lessee shall purchase from Lessor, Lessor's interest in the Leased PropertyProperties leased by such Lessee. (b) Subject to the terms, conditions and provisions set forth in this Article XIV, each Lessee shall have the option (the "Partial Purchase Option"), to be exercised as set forth below, to purchase from Lessor Lessor's interest in any Leased Property leased by such Lessee. Such option may be exercised by written notice to Lessor at any time prior to the last six months of the term of this Lease, which notice shall be irrevocable; such notice shall specify the Leased Property to be purchased and the date that such purchase shall take place, which date shall be a date occurring not less than thirty (30) days after such notice. If Lessee fails to exercise the a Partial Purchase Option is exercised pursuant to the foregoing, subject to the provisions set forth in a timely mannerthis Article XIV, then on the applicable purchase date, Lessor shall convey to the related Lessee, and such Lessee shall purchase from Lessor, Lessor's interest in the Leased Property that is the subject of such Partial Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e)14.5.

Lessee's Option to Purchase. Subject to the terms and terms, conditions and provisions set forth in this ArticleARTICLE XIV, Lessee shall have the option (the "Purchase OptionPURCHASE OPTION"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to purchase from Lessor Lessor, Lessor's interest in the Leased Property at the Purchase Option PriceProperty. Such option must be exercised by written bywritten notice to Lessor and Lender, not later than twelve months prior to the Lease Termination Date which exercise notice shall be irrevocable, and ; such notice will shall specify the closing date for Lessee's that such purchase of the Leased Propertyshall take place, which date shall be (i) a date occurring not less than ten thirty (1030) Business Days or more than 90 calendar days following Lessor's receipt of after such notice and (ii) in any event not later than or the Lease Termination DateDate (whichever is earlier). If the Purchase Option is exercised pursuant to the foregoing, thenthen Lessee shall also be deemed to have exercised its APurchase Option@ under the Building Lease and, subject to the provisions set forth in this ArticleARTICLE XIV, on such closing datethe applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to Lessee, without recourse or warranty (other than as to the absence of Lessor Liens) and Lessee shall purchase from Lessor, Lessor's interest in the Leased Property. If Lessee fails Lessor shall continue to exercise pay Basic Rent hereunder until the Purchase Option in a timely manner, then is consummated by the Purchase Option shall thereupon automatically terminate without any further action payment of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee purchase price pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e)ARTICLE XIV.

Lessee's Option to Purchase. Subject to So long as Lessee is not in default, and no event has occurred which with the giving of notice or the passage of time or both would constitute such a default (except as otherwise provided in Section 16.2) under the terms of this Lease, the Other Lease and conditions the Tenant Leases, at any time from and provisions set forth in this Articleafter the expiration of the Fixed Term and each Extension Term, the Lessee shall have the option option, to be exercised by sixty (the "Purchase Option"), exercisable at any time during the Lease Term on or 60) days' prior written notice to the tenth Business Day next preceding the Lease Termination DateLessor, to purchase from Lessor Lessor's interest in the Leased Property at a purchase price equal to the greater of (i) the Fair Market Value of the Leased Property (which appraisal shall assume that the Lease remains in effect for a term of fifteen (15) years and shall not take into account any purchase options contained herein), or (ii) the Purchase Option Price. Such option must be exercised by written notice to Lessor and Lender, which exercise shall be irrevocable, and such notice will specify the closing date for Lessee's purchase Price of the Leased Property, which date increased annually by the greater of (A) two and one-half percent (2.5%) per annum from the Commencement Date, or (B) the rate of increase in the Consumer Price Index on each Adjustment Date. Notwithstanding anything contained herein to the contrary, in no event shall the purchase price be less than the Fair Market Value of the Leased Property. Unless expressly otherwise provided in this Section 35.1, in the event the Lessee exercises such option to purchase the Leased Property, (i) not less than the terms set forth in Article XVIII shall apply, (ii) Lessee shall continue paying Rent as required under this Lease until the purchase is closed, and (iii) the sale/purchase must be closed within ninety (90) days after the date of the written notice from Lessee to Lessor of Lessee's intent to purchase, unless a different closing date is agreed upon in writing by Lessor and Lessee. Notwithstanding any provision herein to the contrary, this Lease, and specifically Lessee's rights as set forth in this Section 35.1 are and shall be subject, subordinate and inferior to any Facility Instrument. This provision shall be self-operative. However, any Facility Lender may from time to time request that such subordination be evidenced by a separate written agreement. Within ten (10) Business Days or more than 90 calendar days following Lessor's receipt of written request by Lessor or any Facility Lender, the Lessee shall execute and deliver to Lessor or such notice Facility Lender a written agreement in form and substance satisfactory to such Facility Lender and any applicable rating agency. In the event Lessee fails or refuses to execute and deliver such written agreement within such ten (ii10) in any event not later than the Lease Termination Date. If the Purchase Option is exercised pursuant to the foregoingday period, then, subject in addition to all other remedies available at law or in equity, the provisions set forth in this Article, on such closing date, Lessor shall convey be entitled to terminate Lessee's purchase rights under this Section 35.1 upon delivery of fifteen (15) days' written notice to Lessee. In the event Lessee has not executed and delivered to such Facility Lender and any applicable rating agency, and Lessee shall purchase from Lessorif any, Lessor's interest in the Leased Property. If Lessee fails to exercise the Purchase Option in a timely mannerwritten agreement requested within such fifteen (15) day period, then the Purchase Option in such event, Lessee's purchase rights under this Section 35.1 shall thereupon automatically terminate without any further action of Lessor, be deemed forfeited and the Purchase Option shall thereafter be of no further force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e).

Lessee's Option to Purchase. (a) Subject to the terms and terms, conditions and provisions set forth in this ArticleArticle XIV, Lessee the Lessees shall have the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to purchase from Lessor Lessor, Lessor's interest in all of the Leased Property at Properties; provided that, except as set forth in paragraph (b) below, such option must be exercised with respect to all, but not less than all, of the Purchase Option PriceLeased Properties under all of the Lease Supplements. Such option must be exercised by written notice by Dollar to Lessor and Lender, not later than twelve months prior to the Lease Termination Date which exercise notice shall be irrevocable, and ; such notice will shall specify the closing date for Lessee's that such purchase of the Leased Propertyshall take place, which date shall be (i) a date occurring not less than ten thirty (1030) Business Days or more than 90 calendar days following Lessor's receipt of after such notice and (ii) in any event not later than or the Lease Termination DateDate (whichever is earlier). If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this ArticleArticle XIV, on such closing datethe applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to each Lessee, by special warranty deed and xxxx of sale, without recourse or warranty (other than as to the absence of Lessor Liens) and each Lessee shall purchase from Lessor, Lessor's interest in the Leased PropertyProperties leased by such Lessee. (b) Subject to the terms, conditions and provisions set forth in this Article XIV, each Lessee shall have the option (the "Partial Purchase Option"), to be exercised as set forth below, to purchase from Lessor Lessor's interest in any Leased Property leased by such Lessee; provided that such option may be exercised only if, after giving effect thereto, there are 50 Leased Properties subject to this Lease, unless it is exercised with respect to all Leased Properties as set forth in paragraph (a) above. Such option must be exercised by written notice to Lessor at any time during the term of the Lease, which notice shall be irrevocable; such notice shall specify the Leased Property to be purchased and the date that such purchase shall take place, which date shall be a date occurring not less than thirty (30) days after such notice, provided that no Partial Purchase Option may be exercised during the last year of the Lease Term. If Lessee fails to exercise the a Partial Purchase Option is exercised pursuant to the foregoing, subject to the provisions set forth in a timely mannerthis Article XIV, then on the applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to the related Lessee, without recourse or warranty (other than as to the absence of Lessor Liens) and such Lessee shall purchase from Lessor, Lessor's interest in the Leased Property that is the subject of such Partial Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e)14.5.

Lessee's Option to Purchase. Subject At any time during the first ten --------------------------- (10) years of the lease term from May 15, 1996 through May 14, 2006, both dates inclusive, Lessee is hereby given the option to purchase the Property on the terms and conditions and provisions as set forth in this ArticleSection 8. The option to purchase the property must be exercised by Lessee no later than the 14th day of May, 2006. Lessee shall exercise the option by notifying Lessor in writing sent by registered or certified mail, return receipt requested, or by personal delivery of its intention to exercise the option. The date on which said notice is received by Lessor shall be considered the day on which the option is exercised. Receipt of such notice by Lessor shall constitute a binding contract between Lessor and Lessee to purchase the Property. The option to purchase under this Section 8 may only be exercised by Lessee if the Lessee is not in default of any of its obligations or covenants under this lease at the time the option is exercised. Lessee may assign this option to purchase to any of its affiliated companies as defined elsewhere in this agreement. In the event of exercise by Lessee of its option to purchase the property, the following terms and conditions shall be applicable to such sale: (a) The purchase price for the Property shall be One Million Nine Hundred Thousand and No/100 Dollars ($1,900,000.00) or the appraised value, whichever is greater. (b) The purchase price as set forth in Section 8(a) shall be paid at closing (as hereinafter defined) with cash or certified funds. (c) Lessee's rent obligation to Lessor shall cease as of the closing date. No portion of rent paid or payable for any period prior to the closing date shall be applied to the purchase price. (d) Within ten (10) days following the date on which Lessee exercises its option, Lessor shall provide at his expense, a title insurance commitment from a company authorized to insure titles in the state of Arkansas, showing merchantable title in Lessor in accordance with the title examination standards of the Arkansas Bar, free and clear of all liens and encumbrances except recorded restrictions and easements now or hereafter. At Lessee's option, Lessee shall have the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Date, to purchase from Lessor Lessor's interest in the Leased Property at the Purchase Option Price. Such option must be exercised by written notice to Lessor and Lender, which exercise shall be irrevocable, and such notice will specify the closing date for Lessee's purchase of the Leased Property, which date shall be (i) not less than title insurance commitment examined within ten (10) Business Days days after receipt thereof and any title requirements shall be communicated to Lessor and a reasonable time will be allowed for Lessor to comply with such requirements. The Lessor shall pay the search charge only for the title commitment and Lessee shall pay the owner's policy fee. Lessor shall warrant at closing that there are no unpaid bills for improvements within six months prior to closing except for such improvements as made or more than 90 calendar caused to be made by Lessee and that Lessor has no knowledge of any proposed sidewalk, street or sewer improvements or any proceedings to result in special tax bills or assessments against the Property. (e) The closing date shall be within thirty (30) days following Lessor's after receipt by Lessor of such a notice and form Lessee exercising its option to purchase the property. Possession of the Property shall be given to Lessee at closing. (iif) in any event not later than the Lease Termination Date. If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this Article, on such closing date, Lessor shall convey to Lesseethe property by General Warranty Deed. (g) All rent, taxes, insurance and Lessee other ordinary expenses or assessments shall purchase from Lessor, Lessor's interest in be prorated as of the Leased Propertyclosing date. If Lessee fails taxes for the year in which the option is exercised cannot be determined, proration shall be based on the proceeding year's taxes. (h) In the event a closing service is used by the parties to exercise close the Purchase Option in a timely mannertransaction, then the Purchase Option cost of such closing service shall thereupon automatically terminate without any further action of Lessor, and be shared equally by the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e)parties.

Lessee's Option to Purchase. (a) Subject to the terms and terms, conditions and provisions set forth in this ArticleArticle XIV, each Lessee shall have the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to purchase from Lessor Lessor, Lessor's interest in all of the Leased Property at Properties; provided that, except as set forth in paragraph (b) below, such option must be exercised with respect to all, but not less than all, of the Purchase Option PriceLeased Properties under all of the Lease Supplements. Such option must be exercised by written notice to Lessor and Lender, not later than twelve months prior to the scheduled Lease Termination Date which exercise notice shall be irrevocable, and ; such notice will shall specify the closing date for Lessee's that such purchase of the Leased Propertyshall take place, which date shall be (i) a date occurring not less than ten sixty (1060) Business Days or more than 90 calendar days following Lessor's receipt of after such notice and (ii) in any event not later than or the Lease Termination DateDate (whichever is earlier). If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this ArticleArticle XIV, on such closing datethe applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to each Lessee, by special warranty deed and xxxx of sale, without recourse or warranty (other than as to the absence of Lessor Liens) and each Lessee shall purchase from Lessor, Lessor's interest in the Leased PropertyProperties leased by such Lessee. (b) Subject to the terms, conditions and provisions set forth in this Article XIV, each Lessee shall have the option (the "Partial Purchase Option"), to be exercised as set forth below, to purchase from Lessor's interest in any Leased Property leased by such Lessee; provided that, after giving effect to such purchase no less than two Leased Properties remain subject to this Lease. Such option may be exercised by written notice to Lessor at any time prior to the last twelve months of the term of this Lease, which notice shall be irrevocable; such notice shall specify the Leased Property to be purchased and the date that such purchase shall take place, which date shall be a date occurring not less than sixty (60) days after such notice. If Lessee fails to exercise the a Partial Purchase Option is exercised pursuant to the foregoing, subject to the provisions set forth in a timely mannerthis Article XIV, then on the applicable purchase date, Lessor shall convey to the related Lessee, and such Lessee shall purchase from Lessor, Lessor's interest in the Leased Property that is the subject of such Partial Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e)14.5. (c) The Lessees may purchase just the Equipment included in any Leased Property for a purchase price equal to the portion of the related Leased Property Balance allocable to such Equipment (based on the original purchase price for such Equipment as a percentage of the total cost of acquisition and construction of such Leased Property) by giving irrevocable notice of such purchase to Lessor not later than twelve months prior to the scheduled Lease Termination Date, provided that prior to the date of such purchase, such Lessee, at such Lessee's sole cost and expense, has installed replacement equipment in the related Leased Property with a value, utility and useful life at least as high as the Equipment so purchased and delivered good and valid title to such replacement equipment to Lessor, free and clear of all Liens, and has repaired all damage caused by such removal and replacement, all to the reasonable satisfaction of Lessor.

Lessee's Option to Purchase. Subject (a) Lessor hereby grants to Lessee an option (the "FMV PURCHASE OPTION") (exercisable only during an FMV Option Exercise Period, as hereafter defined, and only if no monetary default by Lessee under this Lease remains uncured at the time of exercise) to purchase the Premises for a purchase price equal to the terms FMV Purchase Price (as hereinafter defined). The "FMV OPTION EXERCISE PERIODS" shall be each of the calendar months during which the fiftieth (50th), sixtieth (60th), seventieth (70th), eightieth (80th) and conditions ninetieth (90th) anniversaries of the Commencement Date shall occur, respectively (i.e. March, 2049; March, 2059; March, 2069; March, 2079 and provisions March, 2089). The FMV Purchase Option may only be exercised by delivery during an FMV Option Exercise Period from Lessee to Lessor of written notice (the "FMV OPTION NOTICE") of the exercise of such FMV Purchase Option, time being of the essence. The FMV Option Notice must be accompanied by Lessee's estimate of the Fair Market Value of the Premises as of the date of such notice. The exercise of the FMV Purchase Option by Lessee shall be irrevocable. (b) Within thirty (30) days after Lessor's receipt of the FMV Option Notice, Lessor shall notify Lessee whether Lessor accepts or rejects Lessee's estimate. If Lessor accepts such estimate, or if Lessor fails to reject such estimate within such thirty (30) day period, then the "FMV PURCHASE PRICE" shall be the amount set forth in Lessee's estimate. If Lessor rejects Lessee's estimate within such thirty (30) day period, the "FMV PURCHASE PRICE" shall be the then Fair Market Value of the Premises, as determined by arbitration in accordance with Article XI of this ArticleLease. (c) Upon exercise of the FMV Purchase Option, the purchase shall be consummated within thirty (30) days after the establishment of the FMV Purchase Price, on a date mutually agreed upon by the parties (the "FMV PURCHASE OPTION CLOSING DATE"). On the FMV Purchase Option Closing Date, the purchase of the Premises shall be accomplished in accordance with the provisions of Section 12.4, including, without limitation, the payment of the FMV Purchase Price, the payment of all other costs and expenses outlined in said Section 12.4, and the delivery of the other items described in said Section 12.4. Upon payment of the FMV Purchase Price and all other costs and expenses required to be paid by Lessee as outlined in Section 12.4, and upon satisfaction of the other requirements set forth in Section 12.4 with respect to the purchase of the Premises by Lessee, this Lease shall terminate. (d) In the event that Lessee does not deliver the FMV Option Notice by the end of the final FMV Option Exercise Period, Lessee shall have waived its right to exercise the option (the "FMV Purchase Option"), exercisable at any time during . In the Lease Term on or prior to event that Lessee shall deliver the tenth Business Day next preceding the Lease Termination Date, to purchase from Lessor Lessor's interest in the Leased Property at the Purchase FMV Option Price. Such option must be exercised by written notice to Lessor and Lender, which exercise shall be irrevocableNotice, and such notice will specify thereafter fail to consummate the closing date for Lessee's purchase of the Leased PropertyPremises, which date shall be (i) not less than ten (10) Business Days or more than 90 calendar days following Lessor's receipt of such notice and (ii) in any event not later than the Lease Termination Date. If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this Article, on such closing date, Lessor shall convey to Lessee, and Lessee shall purchase from Lessor, Lessor's interest in the Leased Property. If Lessee fails forfeit any further right to exercise the Purchase an FMV Option in a timely manner, then the Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of Lease. In the purchase option provided event that Lessor shall default in its obligation to transfer the Premises to Lessee pursuant under this Section 12.3, Lessee shall be entitled to Section 14.1(e)enforce such obligation by an action for specific performance.

Lessee's Option to Purchase. (a) Subject to the terms and terms, conditions and provisions set forth in this ArticleArticle XIV, Lessee shall have the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to purchase from Lessor Lessor, Lessor's interest in all of the Leased Property at Properties for the Purchase Option Pricepurchase price referred to in Section 14.4; provided that, except as set forth in paragraph (b) below, such option must be exercised with respect to all, but not less than all, of the Leased Properties. Such option must be exercised by written notice to Lessor and Lender, not later than twelve months prior to the Lease Termination Date which exercise notice shall be irrevocable, and ; such notice will shall specify the closing date for Lessee's that such purchase of the Leased Propertyshall take place, which date shall be (i) a Payment Date occurring not less than ten thirty (1030) Business Days or more than 90 calendar days following Lessor's receipt of after such notice and (ii) in any event not later than or the Lease Termination DateDate (whichever is earlier). If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this ArticleArticle XIV, on such closing datethe applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to Lessee, without recourse or warranty (other than as to the absence of Lessor Liens) and Lessee shall purchase from Lessor, Lessor's interest in the Leased PropertyProperties. (b) Subject to the terms, conditions and provisions set forth in this Article XIV, Lessee shall have the option (the "Partial Purchase Option"), to be exercised as set forth below, to purchase from Lessor Lessor's interest in any Leased Property for the purchase price referred to in Section 14.4; provided that such option may be exercised only if, after giving effect thereto, there are at least 15 Leased Properties subject to this Lease, unless it is exercised with respect to all Leased Properties as set forth in paragraph (a) above. Such option must be exercised by written notice to Lessor not later than twelve months prior to the Lease Termination Date, which notice shall be irrevocable; such notice shall specify the Leased Property to be purchased and the date that such purchase shall take place, which date shall be a Payment Date occurring not less than thirty (30) days after such notice or the Lease Termination Date (whichever is earlier). If Lessee fails to exercise the a Partial Purchase Option is exercised pursuant to the foregoing, subject to the provisions set forth in a timely mannerthis Article XIV, then on the Purchase Option applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall thereupon automatically terminate convey to Lessee, without any further action recourse or warranty (other than as to the absence of Lessor Liens) and Lessee shall purchase from Lessor, and Lessor's interest in the Leased Property that is the subject of such Partial Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e)Option.

Lessee's Option to Purchase. (a) Subject to the terms and terms, --------------------------- conditions and provisions set forth in this ArticleArticle XIV, each Lessee shall have ----------- the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to --------------- purchase from Lessor Lessor, Lessor's interest in all of the Leased Property at Properties; provided that, except as set forth in paragraph (b) below, such option must be -------- ------------- exercised with respect to all, but not less than all, of the Purchase Option PriceLeased Properties under all of the Lease Supplements. Such option must be exercised by written notice to Lessor and Lender, not later than twelve (12) months prior to the Lease Termination Date which exercise notice shall be irrevocable, and ; such notice will shall specify the closing date for Lessee's that such purchase of the Leased Propertyshall take place, which date shall be (i) a date occurring not less than ten thirty (1030) Business Days or more than 90 calendar days following Lessor's receipt of after such notice and (ii) in any event not later than or the Lease Termination DateDate (whichever is earlier). If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this ArticleArticle XIV, on such closing datethe applicable purchase date or the Lease Termination Date, as ----------- the case may be, Lessor shall convey to each Lessee, by special warranty deed and xxxx of sale, without recourse or warranty (other than as to the absence of Lessor Liens) and each Lessee shall purchase from Lessor, Lessor's interest in the Leased PropertyProperties leased by such Lessee. (b) Subject to the terms, conditions and provisions set forth in this Article XIV, each Lessee shall have the option (the "Partial Purchase Option"), ----------- ----------------------- to be exercised as set forth below, to purchase from Lessor Lessor's interest in any Leased Property leased by such Lessee, provided that after giving effect to -------- such purchase, not less than one Leased Property remain subject to this Lease. Such option may be exercised by written notice to Lessor at any time prior to the last year of the term of this Lease, which notice shall be irrevocable; such notice shall specify the Leased Property to be purchased and the date that such purchase shall take place, which date shall be a date occurring not less than thirty (30) days after such notice. If Lessee fails to exercise the a Partial Purchase Option is exercised pursuant to the foregoing, subject to the provisions set forth in a timely mannerthis Article ------- XIV, then on the applicable purchase date, Lessor shall convey to the related Lessee, --- and such Lessee shall purchase from Lessor, Lessor's interest in the Leased Property that is the subject of such Partial Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e).------- 14.5. ----

Lessee's Option to Purchase. Subject to the terms and terms, conditions and provisions set forth in this ArticleARTICLE XIV, Lessee shall have the option (the "Purchase OptionPURCHASE OPTION"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to purchase from Lessor Lessor, Lessor's interest in the Leased Property at the Purchase Option PriceProperty. Such option must be exercised by written notice to Lessor and Lender, not later than twelve months prior to the Lease Termination Date which exercise notice shall be irrevocable, and ; such notice will shall specify the closing date for Lessee's that such AR purchase of the Leased Propertyshall take place, which date shall be (i) a date occurring not less than ten thirty (1030) Business Days or more than 90 calendar days following Lessor's receipt of after such notice and (ii) in any event not later than or the Lease Termination DateDate (whichever is earlier). If the Purchase Option is exercised pursuant to the foregoing, thenthen Lessee shall also be deemed to have exercised its APurchase Option@ under the Land Lease and, subject to the provisions set forth in this ArticleARTICLE XIV, on such closing datethe applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to Lessee, without AR recourse or warranty (other than as to the absence of Lessor Liens) and Lessee shall purchase from Lessor, Lessor's interest in the Leased Property. If Lessee fails Lessor shall continue to exercise pay Basic Rent hereunder until the Purchase Option in a timely manner, then is consummated by the Purchase Option shall thereupon automatically terminate without any further action payment of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee purchase price pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e)ARTICLE XIV.

Lessee's Option to Purchase. Subject A. Lessor, for and in consideration of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby conclusively acknowledged and confessed, and other good and valuable consideration, including the performance of the obligations and undertakings of Lessee in this Lease Contract, does hereby grant and sell to Lessee, pursuant to the terms and conditions hereinafter set forth, the sole and provisions set forth in this Article, Lessee shall have the exclusive option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Date, ) to purchase from Lessor Lessor's interest in the entire Leased Property at Premises more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes (the Purchase "Option Price. Such option must Property"). B. In the event Lessee elects to exercise its Option, the purchase price to be exercised by written notice paid to Lessor and Lender, which exercise by Lessee for the Option Property shall be irrevocablethe sum of (a) the greater of (i) Fair Market Value (as hereinafter defined) or (ii) $2,200,000, compounded annually as of each anniversary date of this Lease Contract (and such notice will specify prorated for any partial Lease Year) from the date hereof through the closing date for Lessee's purchase of the Leased Propertypurchase by Lessee at a rate of 5.7 percent, which date shall be plus (ib) not less than an amount equal to ten (10) Business Days or more than 90 calendar days following Lessor's receipt monthly installments of Base Annual Rental, based upon the amount of such notice Base Annual Rental monthly installments as is effective upon the date that Lessee exercises its Option. Such purchase price shall be payable in all cash at closing. a. For the purposes hereof, "Fair Market Value" shall be an amount determined (i) by mutual agreement by Lessee and Lessor, or (ii) in the event that the parties cannot agree in writing on the Fair Market Value of the Option Property within thirty (30) days of Lessee's notice of exercise of its Option, by an independent qualified MAI appraiser selected by mutual agreement of Lessee and Lessor; provided, however, if the parties cannot agree upon one independent qualified MAI appraiser to determine the Fair Market Value of the Option Property, then each party shall select one independent qualified MAI appraiser and the two independent qualified MAI appraisers so selected shall select a third independent qualified MAI appraiser and the Fair Market Value of the Option Property shall be determined by taking the average of the two closest appraisals rendered by the three independent qualified MAI appraisers. The determination of the Fair Market Value of the Option Property shall exclude any event not later than value resulting from this Lease Contract and shall be binding on each party. The fees of the independent qualified MAI appraiser(s) selected hereunder shall be borne equally by Lessee and Lessor. This Lease Termination DateContract, including the obligation to pay monthly installments of Base Annual Rental and Additional Rent, shall remain in effect until the closing of the option purchase. C. This Option shall become effective as of the date hereof and shall continue in effect until the seventh (7th) anniversary date of this Lease Contract, at which time it shall terminate. If Provided, however, that this option may only be exercised, if at all, effective on the Purchase fifth (5th), sixth (6th), or seventh (7th) anniversary date of this Lease Contract as set forth below. D. This Option is may be exercised pursuant by Lessee mailing written notice (by certified mail, return receipt requested) to the foregoing, then, subject to the provisions Lessor at Lessor's address set forth in Section 26 of this ArticleLease Contract. Such notice (the "Exercise Notice") shall state that Lessee is exercising its Option to purchase the Option Property. Upon delivery and receipt of the Exercise Notice, on such closing dateLessee and Lessor agree to use their best, Lessor shall convey good faith efforts to Lesseedetermine the Fair Market Value as expeditiously as possible, and thereafter to enter into an Earnest Money Contract xxxxxxxg the transaction. Both Lessee and Lessor acknowledge that the general form and content of the Earnest Money Contract pursuant tx which Lessor purchased the property from CCI Telecom, Inc. is, with certain revisions necessary to correctly set forth the terms of the subject transaction and to provide that Lessee shall pay for the title policy, tax prorations, and Lessee's reasonable attorneys' fees, satisfactory for the purchase from Lessorof the Option Property. E. In the event that Lessee gives the Exercise Notice at any time prior to the fifth (5th) anniversary date of this Lease Contract, Lessor's interest in then the Leased Propertyclosing date of the purchase shall be on or about the fifth (5th) anniversary date of this Lease Contract. In the event that Lessee gives the Exercise Notice at any time after the fifth (5th) anniversary date of this Lease Contract but prior to the seventh (7th) anniversary date of this Lease Contract, then the closing date of the purchase shall occur on the later of (i) thirty (30) days after the Exercise Notice is given or (ii) thirty (30) days after the final determination of Fair Market Value. If Lessee fails does not deliver an Exercise Notice to exercise Lessor prior to the Purchase Option in a timely mannerseventh (7th) anniversary date of this Lease Contract, then the Purchase Option shall thereupon automatically terminate without any further action of Lessor, become null and the Purchase Option shall thereafter be void and of no further force or and effect. The Purchase Option granted to Lessee pursuant to this Section Time is exclusive of the purchase option provided essence of this provision. F. Lessee shall have no right to Lessee pursuant assign this Option except to Section 14.1(e).Michael J. Novak ("

Lessee's Option to Purchase. Subject to the terms and terms, conditions and provisions set forth in this ArticleParagraph 19, the Lessee shall have the option (the "Purchase Option"), exercisable at on any time during Payment Date occurring two (2) years after the Lease Term on or prior Commencement Date, to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to purchase from Lessor the Lessor, the Lessor's right, title and interest in all (but not less than all) of the Leased Property at the Purchase Option PriceProperty. Such option must be exercised by written notice to the Lessor and Lendernot later than sixty (60) days prior to the applicable Payment Date, which exercise notice shall be irrevocable, and such notice will specify the closing date for Lessee's purchase of the Leased Property, which date shall be (i) not less than ten (10) Business Days or more than 90 calendar days following Lessor's receipt of such notice and (ii) in any event not later than the Lease Termination Date. If the Purchase Option is exercised pursuant to the foregoing, then, upon payment of the purchase price set forth in subparagraph (d) below and subject to the provisions set forth in this ArticleParagraph 19, on such closing datethe applicable Payment Date, the Lessor shall convey to the Lessee, without recourse or warranty, other than a warranty against the existence of any Lessor Liens, and the Lessee shall purchase from the Lessor, the Lessor's right, title and interest in the Leased Property. If Lessee fails Notwithstanding anything contained herein or in the Operative Documents to exercise the Purchase Option in a timely mannercontrary, then upon receipt by the Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive Trustee of the certificate attached as Exhibit I to the Letter of Credit, the Lessee shall be deemed to have exercised either (i) its option to purchase the Property for the Lease Balance, in which case the Lessee shall pay the Lease Balance to the Agent on or before the expiration or termination of the Letter of Credit and, upon receipt by the Agent of the Lease Balance, the Lessor shall convey to the Lessee the Lessor's right, title and interest in the Property in accordance with this Paragraph 19, or (ii) the option provided to Lessee pursuant to Section 14.1(e)purchase the beneficial interest in the Owner Trust.

Lessee's Option to Purchase. Subject to the terms and conditions and provisions set forth in this Article, Lessee shall have the option (the "Purchase OptionPURCHASE OPTION"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Date, to purchase from Lessor Lessor, Lessor's entire interest in the Leased all, but not less than all, of any Property at the purchase price equal to the Purchase Option PricePrice for such Property. Such option must be exercised by written notice to the Lessor and the Lender, which exercise shall be irrevocable, and such notice will shall specify the closing date for Lessee's purchase of the Leased such Property, which date shall be (i) not less than ten (10) Business Days or more than 90 180 calendar days following the Lessor's receipt of such notice and (ii) in any event not later than the Lease Termination Date. If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this Article, on such closing date, Lessor shall convey to Lessee, and Lessee shall purchase from Lessor, Lessor's interest in the Leased all, but not less than all, of such Property. If Lessee fails to exercise the Purchase Option in a timely manner, then the Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section SECTION 14.1(e).

Lessee's Option to Purchase. (a) Subject to the terms and terms, conditions and provisions set forth in this ArticleArticle XIV, each Lessee shall have the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to purchase (or cause to be purchased) from Lessor Lessor, Lessor's interest in all of the Leased Property at Properties; provided that, except as set forth in paragraph (b) below, such option must be exercised with respect to all, but not less than all, of the Purchase Option PriceLeased Properties under all of the Lease Supplements. Such option must be exercised by written notice to Lessor and Lender, not later than thirty (30) days prior to the Lease Termination Date which exercise notice shall be irrevocable, and ; such notice will shall specify the closing date for Lessee's that such purchase of the Leased Propertyshall take place, which date shall be (i) a date occurring not less than ten thirty (1030) Business Days or more than 90 calendar days following Lessor's receipt of after such notice and (ii) in any event not later than or the Lease Termination DateDate (whichever is earlier). If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this ArticleArticle XIV, on such closing datethe applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to each Lessee, and each Lessee shall purchase from Lessor, Lessor's interest in the Leased PropertyProperties leased by such Lessee. (b) Subject to the terms, conditions and provisions set forth in this Article XIV, each Lessee shall have the option (the "Partial Purchase Option") so long as no Event of Default has occurred and is continuing, to be exercised as set forth below, to purchase from Lessor's interest in any Leased Property leased by such Lessee; provided that, after giving effect to such purchase either (i) no Leased Properties, or (ii) no less than three Leased Properties remain subject to this Lease unless otherwise agreed to by the Agent and the Required Lenders. Such option may be exercised by written notice to Lessor at any time and from time to time prior to the last twelve months of the term of this Lease, which notice shall be irrevocable; such notice shall specify the Leased Property to be purchased and the date that such purchase shall take place, which date shall be a date occurring not less than thirty (30) days after such notice. If Lessee fails to exercise the a Partial Purchase Option is exercised pursuant to the foregoing, subject to the provisions set forth in a timely mannerthis Article XIV, then on the applicable purchase date, Lessor shall convey to the related Lessee, and such Lessee shall purchase from Lessor, Lessor's interest in the Leased Property that is the subject of such Partial Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e)14.5. Nothing in this Section 14.1(b) shall limit the rights of the Construction Agent to cure a Construction Agency Event of Default by purchasing an affected Leased Property pursuant to and in accordance with Section 5.3 of the Construction Agency Agreement.

Lessee's Option to Purchase. (a) Subject to the terms and terms, conditions and provisions set forth in this ArticleARTICLE XIV, each Lessee shall have the option (the "Purchase OptionPURCHASE OPTION"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to purchase from Lessor Lessor, Lessor's interest in all of the Leased Property at Properties; PROVIDED that, except as set forth in PARAGRAPH (b) below, such option must be exercised with respect to all, but not less than all, of the Purchase Option PriceLeased Properties under all of the Lease Supplements. Such option must be exercised by written notice to Lessor and Lender, not later than twelve months prior to the Lease Termination Date which exercise notice shall be irrevocable, and ; such notice will shall specify the closing date for Lessee's that such purchase of the Leased Propertyshall take place, which date shall be (i) a date occurring not less than ten thirty (1030) Business Days or more than 90 calendar days following Lessor's receipt of after such notice and (ii) in any event not later than or the Lease Termination DateDate (whichever is earlier). If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this ArticleARTICLE XIV, on such closing datethe applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to each Lessee, by special warranty deed and xxxx of sale, without recourse or warranty (other than as to the absence of Lessor Liens and Liens of the Operative Documents) and each Lessee shall purchase from Lessor, Lessor's interest in the Leased PropertyProperties leased by such Lessee. (b) Subject to the terms, conditions and provisions set forth in this ARTICLE XIV, each Lessee shall have the option (the "PARTIAL PURCHASE OPTION"), to be exercised as set forth below, to purchase from Lessor Lessor's interest in any Leased Property leased by such Lessee; PROVIDED that, after giving effect to such purchase no less than one Leased Property remain subject to this Lease. Such option may be exercised by written notice to Lessor at any time prior to the last twelve months of the term of this Lease, which notice shall be irrevocable; such notice shall specify the Leased Property to be purchased and the date that such purchase shall take place, which date shall be a date occurring not less than thirty (30) days after such notice. If Lessee fails to exercise the a Partial Purchase Option is exercised pursuant to the foregoing, subject to the provisions set forth in a timely mannerthis ARTICLE XIV, then on the applicable purchase date, Lessor shall convey to the related Lessee, and such Lessee shall purchase from Lessor, Lessor's interest in the Leased Property that is the subject of such Partial Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e)SECTION 14.5.

Lessee's Option to Purchase. Subject to So long as Lessee is not in monetary or payment default of any kind, or no event has occurred which with the giving of notice or the passage of time or both would constitute such a default (except as otherwise expressly provided in Section 16.2) under the terms of this Lease, the Other Leases and conditions the Tenant Leases, at any time from and provisions set forth in this Articleafter the second anniversary of the Commencement Date, the Lessee shall have the option option, to be exercised by ninety (the "Purchase Option"), exercisable at any time during the Lease Term on or 90) days' prior written notice to the tenth Business Day next preceding the Lease Termination DateLessor, to purchase from Lessor Lessor's interest in the Leased Property at a purchase price sufficient to cause Lessor to receive, on an unleveraged basis, a sum equal to (i) the Purchase Option Price. Such option must be exercised by written notice to Lessor and Lender, which exercise shall be irrevocable, and such notice will specify the closing date for Lessee's purchase Price of the Leased Property, which date shall be (i) not less than ten (10) Business Days or more than 90 calendar days following Lessor's receipt of such notice and (ii) in any event not later than an amount sufficient to yield to Lessor an internal rate of return thereon that is equal to ten percent (10%) per year (such percentage to be increased on each anniversary of the Lease Termination Date. If the Purchase Option is exercised pursuant Commencement Date by two percent (2%) of such percentage), taking into account all payments of Base Rent received by Lessor to the foregoingclosing date of such purchase (the "Option Price"). Unless expressly otherwise provided in this Section 35.1, thenin the event the Lessee exercises such option to purchase the Leased Property, subject to (i) the provisions terms set forth in Article XVIII shall apply, (ii) Lessee shall continue paying Rent as required under this Article, on such closing date, Lessor shall convey to LesseeLease until the purchase is closed, and (iii) the sale/purchase must be closed within ninety (90) days after the date of the written notice from Lessee to Lessor of Lessee's intent to purchase, unless a different closing date is agreed upon in writing by Lessor and Lessee. Notwithstanding any other provision of this Lease to the contrary, if Lessor terminates this Lease as a result of a non-monetary or non-payment default prior to said second anniversary of the Commencement Date, the Lessee shall purchase from Lessor, Lessor's interest in also have the Leased Property. If Lessee fails right to exercise the Purchase Option foregoing option on the terms described in a timely manner, then the Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive 35.1 provided Lessee exercises such option within five (5) business days following the date of the purchase option provided to Lessee pursuant to Section 14.1(e)such termination.

Lessee's Option to Purchase. Subject At any time during the first ten (10) years of the lease term from May 15, 1996 through May 14, 2006, both dates inclusive, Lessee is hereby given the option to purchase the Property on the terms and conditions and provisions as set forth in this ArticleSection 8. The option to purchase the property must be exercised by Lessee no later than the 14th day of May, 2006. Lessee shall exercise the option by notifying Lessor in writing sent by registered or certified mail, return receipt requested, or by personal delivery of its intention to exercise the option. The date on which said notice is received by Lessor shall be considered the day on which the option is exercised. Receipt of such notice by Lessor shall constitute a binding contract between Lessor and Lessee to purchase the Property. The option to purchase under this Section 8 may only be exercised by Lessee if the Lessee is not in default of any of its obligations or covenants under this lease at the time the option is exercised. Lessee may assign this option to purchase to any of its affiliated companies as defined elsewhere in this agreement. In the event of exercise by Lessee of its option to purchase the property, the following terms and conditions shall be applicable to such sale: (a) The purchase price for the Property shall be One Million Nine Hundred Thousand and No/100 Dollars ($1,900,000.00) or the appraised value, whichever is greater. (b) The purchase price as set forth in Section 8(a) shall be paid at closing (as hereinafter defined) with cash or certified funds. (c) Lessee's rent obligation to Lessor shall cease as of the closing date. No portion of rent paid or payable for any period prior to the closing date shall be applied to the purchase price. (d) Within ten (10) days following the date on which Lessee exercises its option, Lessor shall provide at his expense, a title insurance commitment from a company authorized to insure titles in the state of Arkansas, showing merchantable title in Lessor in accordance with the title examination standards of the Arkansas Bar, free and clear of all liens and encumbrances except recorded restrictions and easements now or hereafter. At Lessee's option, Lessee shall have the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Date, to purchase from Lessor Lessor's interest in the Leased Property at the Purchase Option Price. Such option must be exercised by written notice to Lessor and Lender, which exercise shall be irrevocable, and such notice will specify the closing date for Lessee's purchase of the Leased Property, which date shall be (i) not less than title insurance commitment examined within ten (10) Business Days days after receipt thereof and any title requirements shall be communicated to Lessor and a reasonable time will be allowed for Lessor to comply with such requirements. The Lessor shall pay the search charge only for the title commitment and Lessee shall pay the owner's policy fee. Lessor shall warrant at closing that there are no unpaid bills for improvements within six months prior to closing except for such improvements as made or more than 90 calendar caused to be made by Lessee and that Lessor has no knowledge of any proposed sidewalk, street or sewer improvements or any proceedings to result in special tax bills or assessments against the Property. (e) The closing date shall be within thirty (30) days following Lessor's after receipt by Lessor of such a notice and form Lessee exercising its option to purchase the property. Possession of the Property shall be given to Lessee at closing. (iif) in any event not later than the Lease Termination Date. If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this Article, on such closing date, Lessor shall convey to Lesseethe property by General Warranty Deed. (g) All rent, taxes, insurance and Lessee other ordinary expenses or assessments shall purchase from Lessor, Lessor's interest in be prorated as of the Leased Propertyclosing date. If Lessee fails taxes for the year in which the option is exercised cannot be determined, proration shall be based on the proceeding year's taxes. (h) In the event a closing service is used by the parties to exercise close the Purchase Option in a timely mannertransaction, then the Purchase Option cost of such closing service shall thereupon automatically terminate without any further action of Lessor, and be shared equally by the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e)parties.

Lessee's Option to Purchase. (a) Subject to the terms and terms, conditions and provisions set forth in this ArticleARTICLE XIV, each Lessee shall have the option (the "Purchase OptionPURCHASE OPTION"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to purchase from Lessor Lessor, Lessor's interest in all of the Leased Property at Properties leased by it; PROVIDED that, such option must be exercised with respect to all, but not less than all, of the Purchase Option PriceLeased Properties under all of the Lease Supplements. Such option must be exercised by written notice to Lessor and Lender, not later than twelve months prior to the Lease Termination Date which exercise notice shall be irrevocable, and ; such notice will shall specify the closing date for Lessee's that such purchase of the Leased Propertyshall take place, which date shall be (i) a Rent Payment Date occurring not less than ten thirty (1030) Business Days or more than 90 calendar days following Lessor's receipt of after such notice and (ii) in any event not later than or the Lease Termination DateDate (whichever is earlier). If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this ArticleARTICLE XIV, on such closing datethe applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to each Lessee, without recourse or warranty (other than as to the absence of Lessor Liens) and each Lessee shall purchase from Lessor, Lessor's interest in the Leased PropertyProperties leased by such Lessee. If The exercise by any Lessee fails to exercise of the Purchase Option in a timely manner, then hereunder shall be deemed to be an exercise of the Purchase Option by each other Lessee hereunder. (b) Subject to the terms, conditions and provisions set forth in this ARTICLE XIV, and provided no Event of Default has occurred and is continuing, each Lessee shall thereupon automatically terminate without have the option (the "PARTIAL PURCHASE OPTION"), to be exercised as set forth below, to purchase from Lessor Lessor's interest in any further action of Leased Property leased by such Lessee. Such option must be exercised by written notice to Lessor, which notice shall be irrevocable; such notice shall specify the Leased Property to be purchased and the date that such purchase shall take place, which date shall be a Rent Payment Date occurring not less than thirty (30) days after such notice. If a Partial Purchase Option is exercised pursuant to the foregoing, subject to the provisions set forth in this ARTICLE XIV, on the applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to the related Lessee, and the related Lessee shall purchase from Lessor, Lessor's interest in the Leased Property that is the subject of such Partial Purchase Option shall thereafter be pursuant to SECTION 14.5. (c) Notwithstanding any Lessee's exercise of no force or effect. The a Partial Purchase Option granted or the Purchase Option, the parties intend that this Lease shall remain in full force and effect and that Rent shall continue to Lessee pursuant to this Section is exclusive be payable pending the consummation of the such purchase option provided to Lessee pursuant to Section 14.1(e)by such Lessee.

Lessee's Option to Purchase. Subject to the terms and conditions and provisions set forth in this Article, Lessee shall have the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day 120th day next preceding the Lease Termination Date, to purchase from Lessor Lessor, Lessor's entire interest in all, but not less than all, of the Leased Property at the purchase price equal to the Purchase Option Price. Such option must be exercised by written notice to the Lessor and the Lender, which exercise shall be irrevocable, and such notice will shall specify the closing date for Lessee's purchase of all of the Leased Property, which date shall be (i) not less than ten sixty (1060) Business Days days or more than 90 ninety (90) calendar days following the Lessor's receipt of such notice and (ii) in any event not later than the Lease Termination Date. If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this Article, on such closing date, Lessor shall convey to Lessee, and Lessee shall purchase from Lessor, Lessor's interest in all, but not less than all, of the Leased Property. If Lessee fails to exercise the Purchase Option in a timely manner, then the Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e).

Lessee's Option to Purchase. Subject to the terms and terms, conditions --------------------------- and provisions set forth in this ArticleArticle XIV, Lessee shall have the option (the ----------- "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to purchase from Lessor Lessor, --------------- Lessor's interest in the Leased Property at the Purchase Option PriceProperty. Such option must be exercised by written notice to Lessor and Lender, not later than 270 days prior to the Lease Termination Date which exercise notice shall be irrevocable, and ; such notice will shall specify the closing date for Lessee's that such purchase of the Leased Propertyshall take place, which date shall be (i) a date occurring not less than ten thirty (1030) Business Days or more than 90 calendar days following Lessor's receipt of after such notice and (ii) in any event not later than or the Lease Termination DateDate (whichever is earlier). If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this ArticleArticle XIV, on such closing datethe applicable ----------- purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to Lessee, or a transferee designated by Lessee in a written notice given to Lessor not less than ten (10) Business Days prior to the purchase date or Lease Termination Date, as the case may be, by special warranty deed (which shall include a warranty to the absence of Lessor Liens, but shall exclude any warranty with respect to Liens created by Lessee as Lessor's agent) and Lessee Lessee, or such transferee, shall purchase from Lessor, Lessor's interest in the Leased Property. If Lessee fails to exercise the Purchase Option in a timely manner, then the Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e).

Lessee's Option to Purchase. (a) Subject to the terms and terms, conditions and provisions set forth in this ArticleArticle XIV, each Lessee shall have the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to purchase from Lessor Lessor, Lessor's interest in all of the Leased Property at Properties; provided that, except as set forth in paragraph (b) below, such option must be exercised with respect to all, but not less than all, of the Purchase Option PriceLeased Properties under all of the Lease Supplements. Such option must be exercised by written notice to Lessor and Lender, not later than six months prior to the Lease Termination Date which exercise notice shall be irrevocable, and ; such notice will shall specify the closing date for Lessee's that such purchase of the Leased Propertyshall take place, which date shall be (i) a date occurring not less than ten thirty (1030) Business Days or more than 90 calendar days following Lessor's receipt of after such notice and (ii) in any event not later than or the Lease Termination DateDate (whichever is earlier). If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this ArticleArticle XIV, on such closing datethe applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to each Lessee, by special warranty deed and bxxx of sale, without recourse or warranty (other than as to the absence of Lessor Liens) and each Lessee shall purchase from Lessor, Lessor's interest in the Leased Property. If Properties leased by such Lessee. (b) Subject to the terms, conditions and provisions set forth in this Article XIV, each Lessee fails shall have the option (the "Partial Purchase Option"), to exercise be exercised as set forth below, to purchase from Lessor Lessor's interest in any Leased Property leased by such Lessee, provided that the Purchase Option in a timely manner, then the Partial Purchase Option shall thereupon automatically terminate without only be available if, after giving effect thereto, at least one Leased Property remains subject to this Lease. Such option may be exercised by written notice to Lessor at any further action time prior to the last year of the term of this Lease, which notice shall be irrevocable; such notice shall specify the Leased Property to be purchased and the date that such purchase shall take place, which date shall be a date occurring not less than thirty (30) days after such notice. If a Partial Purchase Option is exercised pursuant to the foregoing, subject to the provisions set forth in this Article XIV, on the applicable purchase date, Lessor shall convey to the related Lessee, and such Lessee shall purchase from Lessor, and Lessor's interest in the Leased Property that is the subject of such Partial Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e)14.5.

Lessee's Option to Purchase. Subject to the terms and conditions and provisions set forth in this Article, Lessee shall have the option exclusive right to purchase the Assets (the "Purchase Option"), exercisable but only if (a) at any the time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Date, to purchase from Lessor Lessor's interest in the Leased Property at of exercise of the Purchase Option Price. Such option must be exercised and on the date of closing thereon, there then exists no default under the Lease, as hereinafter defined; and (b) Lessee strictly complies with the provisions of this Section 23. (a) Lessee may exercise the Purchase Option during the Initial Term or during any one of the Renewal Terms, by providing Lessor written notice of its intent to purchase the Assets ("Exercise Notice") at least sixty days prior to any one-year anniversary from the date of this Lease. The Exercise Notice shall specify the date, time and place of the settlement (the "Settlement"). Settlement shall be made on or before the 30th day (the "Settlement Date") following the date of the Exercise Notice, said time to be of the essence of this Agreement, unless extended by mutual consent in writing signed by the parties hereto. Upon the exercise by Lessee of the Purchase Option in accordance with the provisions of this Agreement, this Agreement shall become a binding contract of sale by and between Lessor and LenderLessee. (b) The purchase price for the Premises will be mutually agreed upon by the parties but in no event during the first three years of the lease term will it exceed $4,100,000 (the "Purchase Price"). After the expiration of the third year of the lease term, which exercise a purchase price shall be irrevocable, and such notice will specify negotiated between the closing date for Lessee's purchase of the Leased Property, which date parties hereto. The Purchase Price shall be paid by Lessee at the time of closing, by certified, cashier's, treasurer's or bank check or wire transfer. (ic) not less than ten (10) Business Days or more than 90 calendar days following Lessor's receipt of such notice and (ii) in any event not later than the Lease Termination Date. If the Purchase Option is exercised pursuant to by Lessee in accordance with the foregoing, then, subject to the provisions set forth in this Article, on such closing dateterms hereof, Lessor shall convey good and marketable absolute fee simple title to Lesseethe Assets, free and clear of all claims, liens and encumbrances, except for Permitted Exceptions, to Lessee by executing and delivering at closing a general warranty deed, in the case of real property, and Lessee shall purchase from Lessora bill xx sale and assignment, Lessor's interest in the Leased Propertycase of personal property. If The transfer or conveyance of the Premises shall include all right, title and interest, if any, of Lessor in and to any land lying in the bed of any street opened or proposed in front of or adjoining the Premises to the centerline thereof. (d) Lessee fails and Lessor represent and warrant that no finder's fee or brokerage commission will be payable in connection with the Lease or the Lessee's purchase of the Premises pursuant to exercise the Purchase Option hereunder. Each party shall defend, indemnify and save the other party harmless from any liability for any finder's fee or broker's fee or commission agreed to by the indemnifying party in a timely manner, then connection with the Purchase Option shall thereupon automatically terminate without sale or purchase of the Premises or any further action of Lessor, and the Purchase Option shall thereafter be of no force or effectpart thereof. The Purchase Option granted to Lessee pursuant to indemnity obligations of this Section is exclusive section shall survive termination or expiration of the purchase option provided to Lessee pursuant to Section 14.1(e)this Lease and Settlement.

Lessee's Option to Purchase. (a) Subject to the terms and terms, conditions and provisions set forth in this ArticleArticle XIV, each Lessee shall have the option (the "Purchase Option"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Lease Termination Datebe exercised as set forth below, to purchase from Lessor Lessor, Lessor's interest in all of the Leased Property at Properties; provided that, except as set forth in paragraph (b) below, such option must be exercised with respect to all, but not less than all, of the Purchase Option PriceLeased Properties under all of the Lease Supplements. Such option must be exercised by written notice to Lessor and Lender, not later than twelve months prior to the scheduled Lease Termination Date which exercise notice shall be irrevocable, and ; such notice will shall specify the closing date for Lessee's that such purchase of the Leased Propertyshall take place, which date shall be (i) a date occurring not less than ten thirty (1030) Business Days or more than 90 calendar days following Lessor's receipt of after such notice and (ii) in any event not later than or the Lease Termination DateDate (whichever is earlier). If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this ArticleArticle XIV, on such closing datethe applicable purchase date or the Lease Termination Date, as the case may be, Lessor shall convey to each Lessee, by special warranty deed and bill of sale, without recourse or warranty (other than as to the absexxx of Lessor Liens) and each Lessee shall purchase from Lessor, Lessor's interest in the Leased PropertyProperties leased by such Lessee. (b) Subject to the terms, conditions and provisions set forth in this Article XIV, each Lessee shall have the option (the "Partial Purchase Option"), to be exercised as set forth below, to purchase from Lessor's interest in any Leased Property leased by such Lessee; provided that, after giving effect to such purchase no less than two Leased Properties remain subject to this Lease. Such option may be exercised by written notice to Lessor at any time prior to the last twelve months of the term of this Lease, which notice shall be irrevocable; such notice shall specify the Leased Property to be purchased and the date that such purchase shall take place, which date shall be a date occurring not less than thirty (30) days after such notice. If Lessee fails to exercise the a Partial Purchase Option is exercised pursuant to the foregoing, subject to the provisions set forth in a timely mannerthis Article XIV, then on the applicable purchase date, Lessor shall convey to the related Lessee, and such Lessee shall purchase from Lessor, Lessor's interest in the Leased Property that is the subject of such Partial Purchase Option shall thereupon automatically terminate without any further action of Lessor, and the Purchase Option shall thereafter be of no force or effect. The Purchase Option granted to Lessee pursuant to this Section is exclusive of the purchase option provided to Lessee pursuant to Section 14.1(e)14.5. (c) The Lessees may purchase just the Equipment included in any Leased Property for a purchase price equal to the portion of the related Leased Property Balance allocable to such Equipment (based on the original purchase price for such Equipment as a percentage of the total cost of acquisition and construction of such Leased Property) by giving irrevocable notice of such purchase to Lessor not later than twelve months prior to the scheduled Lease Termination Date, provided that prior to the date of such purchase, such Lessee, at such Lessee's sole cost and expense, has installed replacement equipment in the related Leased Property with a value, utility and useful life at least as high as the Equipment so purchased and delivered good and valid title to such replacement equipment to Lessor, free and clear of all Liens, and has repaired all damage caused by such removal and replacement, all to the reasonable satisfaction of Lessor.