Common use of Storage, Etc Clause in Contracts

Storage, Etc. (a) The Ground Lessee shall, except as provided in Section 2.7(b) hereof, be under no obligation at any time to remove the Facility and shall have the right, but not the obligation, upon surrender of the Ground Interest pursuant to Section 2.6 upon the expiration or earlier termination of the Site Lease Term, to require the Ground Lessor, at Ground Lessor's sole risk and expense, to dismantle the Facility, remove the Facility from the Facility Site, and cause it to be delivered to a railhead or other suitable common carrier. Notwithstanding the foregoing, after (but only after) the Ground Lessee shall have requested the Ground Lessor to dismantle, remove and ship the Facility, the Ground Lessor shall have the option to offer to purchase the Facility from the Ground Lessee, at a purchase price equal to the greater of $1.00 (One Dollar) and the Fair Market Sales Value of the Facility (assuming that the Facility must be removed from the Facility Site and, therefore, determined for purposes of this Section 2.7 after deducting the estimated cost of decommissioning, dismantlement, removal, shipment and disposal of the Facility and restoring the Facility Site to its original unimproved condition). The Ground Lessor must give the Ground Lessee written notice of any such offer within 45 days after receipt of the request from the Ground Lessee contemplated in the first sentence of this Section 2.7. If the Ground Lessee accepts such offer, which acceptance shall be in writing and given within 15 days of the Ground Lessor's offer, the Ground Lessor and the Ground Lessee shall agree upon such Fair Market Sales Value within 15 days after the giving of such written notice of acceptance or, if the Ground Lessor and the Ground Lessee shall fail so to agree, such Fair Market Sales Value shall be determined by the Appraisal Procedure. If the Ground Lessee fails to accept or reject the Ground Lessor's offer in writing within the aforesaid period, such failure shall be deemed an acceptance of the Ground Lessor's offer by the Ground Lessee. (b) If the Ground Lessee rejects the Ground Lessor's offer to purchase the Facility, the Ground Lessee shall (i) at its sole cost and expense, promptly dismantle and remove the Facility and restore the Facility Site to its original unimproved condition or (ii) transfer all of its right, title and interest in the Facility to the Ground Lessor for the consideration of $1.00. (c) Any sales, transfer or similar taxes resulting from the Ground Lessor or its designee obtaining any interest in any portion of the Facility, whether through deemed or actual conveyance or otherwise, shall be paid by the Ground Lessor. The provisions of this Section 2.7 shall expressly survive the expiration or earlier termination of the Site Lease Term and any surrender of this Site Lease pursuant to Section 2.6 hereof.

Storage, Etc. (a) The Notwithstanding anything to the contrary herein, the Ground Lessee shall, except as provided in Section 2.7(b) hereof, shall be under no obligation at any time to remove the Facility and shall have the right, but not the obligation, upon surrender of the Ground Interest pursuant to Section 2.6 upon the expiration or earlier termination of the Site Lease Term, to require the Ground Lessor, at the Ground Lessor's sole risk and expense, to dismantle any movable parts comprising the Facility, remove the Facility them from the Facility Site, and cause it them to be delivered to a railhead or other suitable common carrier. Notwithstanding the foregoing, after (but only after) the Ground Lessee shall have requested the Ground Lessor to dismantle, remove and ship the Facilitysuch parts, the Ground Lessor shall have the option to offer to purchase the Facility from the Ground Lessee, at a purchase price equal to the greater of $1.00 (One Dollar) and the Fair Market Sales Value of the Facility (assuming that the Facility must be removed from the Facility Site and, therefore, determined for purposes of this Section 2.7 after 2.7(a)after deducting the estimated cost of decommissioning, dismantlement, removal, shipment and disposal of the Facility and restoring the Facility Site to its original unimproved condition). The Ground Lessor must give the Ground Lessee written notice of any such offer within 45 30 days after receipt of the request from the Ground Lessee contemplated in the first sentence of this Section 2.72.7(a). If the Ground Lessee accepts such offer, which acceptance shall be in writing and given within 15 days of the Ground Lessor's offer, the Ground Lessor and the Ground Lessee shall agree upon such Fair Market Sales Value within 15 days after the giving of such written notice of acceptance or, if the Ground Lessor and the Ground Lessee shall fail so to agree, such Fair Market Sales Value shall be determined by the Appraisal Procedure. If the Ground Lessee fails does not respond in writing to accept or reject the Ground Lessor's offer within 15 days of the Ground Lessor's offer, the Ground Lessee shall be deemed to have accepted such offer. If the Ground Lessee rejects the Ground Lessor's offer in writing within the aforesaid period, then and in such failure shall be deemed an acceptance of event, the Ground Lessor's offer by Lessor shall have no obligation to dismantle any movable parts comprising the Ground LesseeFacility nor the obligation to remove such parts from the Facility Site. (b) If the Ground Lessee rejects the Ground Lessor's offer to purchase the Facility, the Ground Lessee shall (i) at its sole cost and expense, promptly dismantle and remove the Facility and restore the Facility Site to its original unimproved condition or (ii) transfer all of its right, title and interest in the Facility to the Ground Lessor for the consideration of $1.00. (c) Any sales, transfer or similar taxes resulting from the Ground Lessor or its designee obtaining any interest in any portion of the Facility, whether through deemed or actual conveyance or otherwise, shall be paid by the Ground Lessor. The provisions of this Section 2.7 shall expressly survive the expiration or earlier termination of the Site Lease Term and any surrender of this Site Lease pursuant to Section 2.6 hereof.

Storage, Etc. (a) The Ground Lessee shall, except as provided in Section 2.7(b) hereof, be under no obligation at any time to remove the Facility and shall shall, subject to the Project Agreements, have the right, but not the obligation, right upon surrender of the Ground Interest pursuant to Section 2.6 upon or the expiration or earlier termination of the Site Lease Term, to require the Ground Lessor, at Ground Lessor's sole risk and expense, to dismantle the Facility, remove the Facility from the Facility SiteSites, and cause it to be delivered to a railhead or other suitable common carriercarrier for sale to the highest bidder (the proceeds of which will be shared by the co-owners of such Unit(s)), all as may be specified by the Ground Lessee, and to keep and store the Facility at the Sites for a period of up to 180 days at the sole risk and expense of the Ground Lessee, such rights of the Ground Lessee to survive the expiration or early termination of this Site Lease and Sublease. Notwithstanding the foregoing, after (but only after) the Ground Lessee shall have requested the Ground Lessor to dismantle, remove and remove, ship or store the Facility, the Ground Lessor shall have the option to offer to purchase the Facility from the Ground Lessee's Undivided Interest, at a purchase price equal to the greater of $1.00 (One Dollarone dollar) and the Fair Market Sales Value of the Facility Undivided Interest (assuming that such Unit(s) and the Facility Related Common Facilities must be removed from the Facility Site Sites and, therefore, determined for purposes of this Section 2.7 after deducting the estimated cost of decommissioning, dismantlement, removal, shipment and disposal of the Facility and restoring the Facility Site Sites to its their original unimproved condition). The Ground Lessor must give the Ground Lessee written notice of any such offer within 45 days after receipt of the such request from the Ground Lessee contemplated in the first sentence of this Section 2.7Lessee. If the Ground Lessee accepts such offer, which acceptance shall be in writing and given within 15 days of the Ground Lessor's offer, the Ground Lessor and the Ground Lessee shall agree upon such Fair Market Sales Value within 15 days after the giving of such written notice of acceptance or, if the Ground Lessor and the Ground Lessee they shall fail so to agree, such Fair Market Sales Value shall be determined by the Appraisal Procedure. If the Ground Lessee fails to accept or reject the Ground Lessor's offer in writing within the aforesaid period, such failure shall be deemed an acceptance of the Ground Lessor's offer by the Ground Lessee. (b) If the Ground Lessee rejects the Ground Lessor's offer to purchase the FacilityUndivided Interest, the Ground Lessee shall (i) at its sole cost and expense, promptly dismantle and remove the Facility and restore the Facility Site Sites to its their original unimproved condition or (ii) transfer all of its right, title and interest in the Facility Undivided Interest to the Ground Lessor for the consideration of $1.00. (c) Any sales, transfer or similar taxes resulting from the Ground Lessor or its designee obtaining any interest in any portion of the Facility, whether through deemed or actual conveyance or otherwise, shall be paid by the Ground Lessor. The provisions of this Section 2.7 shall expressly survive the expiration or earlier termination of the Site Lease Term and any surrender of this Site Lease pursuant to Section 2.6 hereof.