Common use of PROCEDURES RELATING TO PURCHASE OR REMARKETING Clause in Contracts

PROCEDURES RELATING TO PURCHASE OR REMARKETING. XXV.1. Provisions Relating to the Exercise of Purchase Option and ---------------------------------------------------------- Conveyance Upon Remarketing and Conveyance Upon Certain Other Events. In -------------------------------------------------------------------- connection with the Lessee's exercise of its Purchase Option, upon the Expiration Date or the purchase of the Property under Article XIX or Section ----------- ------- 20.2(e) hereof and upon tender by the Lessee of the amounts set forth in Article ------- ------- XIX, Section 20.2(e) or 22.1(a) hereof, as applicable: --- --------------- ------- (i) the Lessor shall execute and deliver to the Lessee (or to the Lessee's designee) at the Lessee's cost and expense a limited warranty deed (with covenants against grantor acts) with respect to the Property, a limited warranty xxxx of sale (with covenants against grantor acts) with respect to any Equipment and an assignment of the Lessor's entire interest in the Property (which shall include an assignment of all of the Lessor's right, title and interest in and to any Net Proceeds not previously received by the Lessor, and an assignment of leases of the Property and any security deposits collected by the Lessor), in each case in recordable form and otherwise in conformity with local custom and free and clear of any Lessor Liens attributable to the Lessor; (ii) the Property shall be conveyed to the Lessee "AS IS" and in its then present physical condition; (iii) the Lessor shall execute and deliver to Lessee and the Lessee's title insurance company an affidavit as to the Lessor's title and the absence of Lessor Liens; and (iv) the Lessor shall execute such other documents reasonably requested by the Lessee, or otherwise required under local law, to effect a transfer of the Property and title thereto.

PROCEDURES RELATING TO PURCHASE OR REMARKETING. XXV.1. 21.1 Provisions Relating to the Exercise of the Purchase Option or ------------------------------------------------------------- Obligation and ---------------------------------------------------------- Conveyance Upon Remarketing and Conveyance Upon Certain Other ---------------------------------------------------------------------------- Events. ------ (a) In -------------------------------------------------------------------- connection with any termination of this Master Lease with respect to the Property pursuant to the terms of Article XV, in connection with ---------- any purchase or in connection with the Lessee's purchase of the Property (or a portion thereof) in accordance with Section 18.1 or Section 18.2 or in ------------ ------------ connection with the Lessee's exercise of its Purchase Optionthe purchase right under Section 16.2, ------------ then, upon the Expiration Date or date on which this Master Lease is to terminate and upon the purchase payment of all amounts due under Section 5.1 of the Property under Article XIX Construction Agency ----------- Agreement, as applicable, or Section ----------- ------- 20.2(e) hereof and upon tender by the Lessee of the amounts set forth in Article ------- ------- XIXXV, Section 20.2(e) 16.2, 18.1 or 22.1(a) hereof, 18.2 as applicable: --- --------------- ----------------- ------------ ---- ---- (i) the Lessor shall execute and deliver to the Lessee (or to the Lessee's designee) at the Lessee's sole cost and expense an instrument of transfer, whether a limited warranty deed (with covenants against grantor acts) with respect to the Property, a limited warranty xxxx of sale (with covenants against grantor acts) with respect sale, grant deed or other form of assignment, as the case may be, without representations or warranties other than as provided by Applicable Law, relating to any Equipment and an assignment of the Lessor's entire interest in the Property (which shall include an assignment of all of the Lessor's right, title and interest in and to any Net Proceeds with respect to the Property not previously received by the Lessor, Lessor and an assignment of leases of the Property and any security deposits collected by rights under Construction Documents warranties and other contracts) or, if pursuant to Section 18.2, the Lessor)Release Parcel only, in each case where ------------ necessary, in recordable form form, and otherwise in conformity with local custom and free and clear of any Lessor Liens attributable to the Lessor;together with a FIRPTA Affidavit; and (ii) the Property shall be conveyed to the Lessee "AS IS" and in its then present physical condition;. (iiib) If the Lessor shall execute and deliver to Lessee properly exercises the Remarketing Option and the Lessee's title insurance company an affidavit as to Property is sold, then the Lessor's title Lessee shall, on the Expiration Date, and the absence at its own cost, transfer possession of Lessor Liens; and (iv) the Lessor shall execute such other documents reasonably requested by the Lessee, or otherwise required under local law, to effect a transfer all of the Property to the independent purchaser(s) thereof, in each case by surrendering the same into the possession of the Lessor or such purchaser(s), as the case may be, free and title theretoclear of all Liens, in good condition (as modified by Modifications permitted by this Master Lease), and in compliance with Applicable Law.

PROCEDURES RELATING TO PURCHASE OR REMARKETING. XXV.125.1. Provisions Relating to the Exercise of Purchase Option and ---------------------------------------------------------- Conveyance Upon Remarketing and Conveyance Upon Certain Other Events. In -------------------------------------------------------------------- connection with the Lessee's exercise of its Purchase Option, upon the Expiration Date or the purchase of the Property under Article XIX or ----------- Section ----------- ------- 20.2(e20.2 (e) hereof and upon tender by the Lessee of the amounts set forth ---------------- in Article ------- ------- XIX, Section 20.2(e20.2 (e) or 22.1(a22.1 (a) hereof, as applicable: --- --------------- -------; ----------- ---------------- -------- (i) the Lessor shall execute and deliver to the Lessee (or to the Lessee's designee) at the Lessee's cost and expense a limited warranty deed (with covenants against grantor acts) with respect to the Property, a limited warranty xxxx of sale (with covenants against grantor acts) with respect to any Equipment and an assignment of the Lessor's entire interest in the Property (which shall include an assignment of all of the Lessor's right, title and interest in and to any Net Proceeds not previously received by the Lessor, and an assignment of leases of the Property and any security deposits collected by the Lessor), in each case in recordable form and otherwise in conformity with local custom and free and clear of any Lessor Liens attributable to the Lessor; (ii) the Property shall be conveyed to the Lessee "AS IS" and in its then present physical condition; (iii) the Lessor shall execute and deliver to Lessee and the Lessee's title insurance company an affidavit as to the Lessor's title and the absence of Lessor Liens; and (iv) the Lessor shall execute such other documents reasonably requested by the Lessee, or otherwise required under local law, to effect a transfer of the Property and title thereto.

PROCEDURES RELATING TO PURCHASE OR REMARKETING. XXV.1XXI.1. Provisions Relating PROVISIONS RELATING TO THE EXERCISE OF PURCHASE OPTION OR OBLIGATION AND CONVEYANCE UPON REMARKETING AND CONVEYANCE UPON CERTAIN OTHER EVENTS. (a) In connection with any termination of this Master Lease with respect to any Property pursuant to the Exercise terms of Purchase Option and ---------------------------------------------------------- Conveyance Upon Remarketing and Conveyance Upon Certain Other Events. In -------------------------------------------------------------------- ARTICLE XV, in connection with any purchase or in connection with the Lessee's exercise purchase of its any Property in accordance with SECTION 18.1 or in connection with the Lessee's Expiration Date Purchase OptionObligation or obligations under SECTION 16.2(e), then, upon the Expiration Date or date on which this Master Lease is to terminate with respect to the purchase applicable Property and upon the payment of all amounts due under Section 5.1 of the Property under Article XIX or Section ----------- ------- 20.2(e) hereof Construction Agency Agreement, as applicable, and upon tender by the Lessee of the amounts set forth in Article ------- ------- XIXARTICLE XV, Section 20.2(e) SECTIONS 16.2(e), 18.1 or 22.1(a) hereof18.2, as applicable: --- --------------- -------: (i) the Lessor shall execute and deliver to the Lessee (or to the Lessee's designee) at the Lessee's cost and expense a limited warranty grant deed (with covenants against respect to such Property or Properties containing representations and warranties of grantor acts) to the Lessee regarding Lessor Liens, a bill of sale with respect to the Property, a limited warranty xxxx of sale (with covenants against grantor acts) with respect to any Equipment located on such Property or Properties and an assignment of the Lessor's entire interest in the such Property or Properties (which shall include an assignment of all of the Lessor's right, title and interest in and to any Net Proceeds with respect to such Property or Properties not previously received by the Lessor, Lessor and an assignment of leases of the Property and any security deposits collected by the LessorProperties), in each case in recordable form and otherwise in conformity with local custom and free and clear of the Lien of the Lessor Deed of Trust and any Lessor Liens attributable to the LessorLiens; (ii) the such Property or Properties shall be conveyed to the Lessee "AS IS" and in its then present physical condition;; and (iii) the Lessor shall execute and deliver to Lessee Xxxxxx and the Lessee's title insurance company an affidavit as to the Lessor's title and the absence Lessor Liens and shall execute and deliver to Lessee a statement of Lessor Liens; andtermination of this Master Lease. (ivb) If the Lessee properly exercises the Remarketing Option, then the Lessee shall, on the Expiration Date, and at its own cost, transfer possession of all of the Properties to the independent purchaser(s) thereof, in each case by surrendering the same into the possession of the Lessor shall execute or such purchaser(s), as the case may be, free and clear of all Liens other documents reasonably requested by than Lessor Liens and the Lessee, or otherwise required under local law, to effect a transfer lien of the Lessor Mortgage, in good condition (as modified by Modifications permitted by this Master Lease), ordinary wear and tear excepted, and in compliance with Applicable Law. The Lessee shall, on and within a reasonable time before and up to one year after the Expiration Date, cooperate reasonably with the Lessor and the independent purchaser(s) of the Properties in order to facilitate the purchase by such purchaser(s) of the Properties, which cooperation shall include the following, all of which the Lessee shall do on or before the Expiration Date or as soon thereafter as is reasonably practicable: providing copies of all books and records regarding the maintenance and ownership of the Properties and all know-how, data and technical information relating thereto, providing a current copy of the Plans and Specifications for each Property, granting or assigning all licenses necessary for the operation and maintenance of each Property and title theretocooperating reasonably in seeking and obtaining all necessary Governmental Action. The obligations of the Lessee under this paragraph shall survive the expiration or termination of this Master Lease.

PROCEDURES RELATING TO PURCHASE OR REMARKETING. XXV.1. 21.1 Provisions Relating to the Exercise of Purchase Option or Obligation and ---------------------------------------------------------- Conveyance Upon Remarketing and Conveyance Upon Certain Other Events. . (a) In -------------------------------------------------------------------- connection with any termination of this Master Lease with respect to the Property pursuant to the terms of Article XV, in connection with any purchase or in connection with the Lessee's purchase of the Property in accordance with Section 18.1 or in connection with the Lessee's exercise of its Purchase Optionthe purchase right under Section 16.2, then, upon the Expiration Date or date on which this Master Lease is to terminate with respect to the purchase of the Property under Article XIX or Section ----------- ------- 20.2(e) hereof Property, and upon tender by the Lessee of the amounts set forth in Article ------- ------- XIXXV, Section 20.2(e) Sections 16.2 or 22.1(a) hereof18.1, as applicable: --- --------------- -------: (i) the Lessor shall execute and deliver to the Lessee (or to the Lessee's designee) at the Lessee's cost and expense a limited warranty deed (with covenants against grantor acts) with respect an instrument of transfer relating to the Property, a limited warranty xxxx of sale (with covenants against grantor acts) with respect to any Equipment and an assignment of the Lessor's entire interest in the Property (which shall include a termination of the Ground Lease and an assignment of all of the Lessor's right, title and interest in and to any Net Proceeds with respect to the Property not previously received by the Lessor, and an assignment of leases of the Property and any security deposits collected by the Lessor), in each case in recordable form and otherwise in conformity with local custom and free and clear of the Lien of the Lessor Mortgage and any Lessor Liens attributable to the Lessor; (ii) the Property shall be conveyed to the Lessee "AS IS" and in its then present physical condition;; and (iii) the Lessor shall execute and deliver to Lessee and the Lessee's title insurance company an affidavit as to the Lessor's title and release Lessor Liens attributable to it and the absence Lessor Mortgage and shall execute and deliver to Lessee a statement of Lessor Liens; andtermination of this Master Lease with respect to the Property. (ivb) If the Lessor shall execute such other documents reasonably requested by Lessee properly exercises the LesseeRemarketing Option and the Property is sold, or otherwise required under local lawthen the Lessee shall, to effect a on the Expiration Date, and at its own cost, transfer possession of all of the Property to the independent purchaser(s) thereof, in each case by surrendering the same into the possession of the Lessor or such purchaser(s), as the case may be, free and title theretoclear of all Liens, in good condition (as modified by Modifications permitted by this Master Lease), ordinary wear and tear excepted, and in compliance with Applicable Law.