Common use of SURRENDER AND REMOVAL OF IMPROVEMENTS Clause in Contracts

SURRENDER AND REMOVAL OF IMPROVEMENTS. In the event that Landlord requires Tenant to remove the "Northwind Facilities" pursuant to Section 9.2 of the ESA, then no later than the 180th day following the date on which this Lease expires or is terminated in accordance with the terms hereof, Tenant shall surrender the Project Site and shall remove therefrom any and all machinery, equipment and personal property at Landlord's expense, except that in the event Tenant negligently performs such removal or willfully causes any damage in the course of performing such removal, Tenant shall be responsible at its sole expense for repairing all damage it negligently or willfully caused. Otherwise Tenant shall surrender the Project Site immediately following the date of expiration or termination and Tenant shall not remove such property if Landlord or its assignee has exercised any rights it may have to acquire the same under the terms and conditions of the Development Agreement or the ESA. Tenant shall restore the Project Site to a condition approved by Landlord, which approval shall not be unreasonably withheld or delayed, and Tenant shall repair any damage to Landlord's Property which is due to Tenant's use thereof. Tenant's interest in all improvements remaining on the Project Site after the expiration or earlier termination of the Lease shall be vacated and surrendered by Tenant to Landlord and shall automatically become the property of Landlord except to the extent that Landlord requires Tenant to remove the same, and Tenant agrees to execute and deliver to Landlord such deeds, bills of sale, assignments or other instruments of conveyance as Landlord may deem reasonably necessary to evidence such transfer of such improvements to Landlord.

SURRENDER AND REMOVAL OF IMPROVEMENTS. In the event that Landlord requires Tenant to remove the "Northwind Facilities" pursuant to Section 9.2 of the ESA, then no No later than the 180th day following the date on which this Lease expires or is terminated in accordance with the terms hereof, but subject to extension upon the occurrence of a Force Majeure Event or delays caused by Landlord, Tenant shall surrender the Project Site Premises to Landlord, free and clear of any liens or encumbrances arising out of the use and operation of the Facility by Tenant. Additionally, Tenant shall remove therefrom have removed from the Premises any and all machinery, equipment and personal property and other improvements at LandlordTenant's expenseexpense and shall have restored the Premises to a level, except that in the event Tenant negligently performs such removal or willfully causes any damage in the course of performing such removal, Tenant shall be responsible at its sole expense for repairing all damage it negligently or willfully caused. Otherwise Tenant shall surrender the Project Site immediately following the date of expiration or termination graded condition acceptable to Landlord and Tenant shall not remove such property if Landlord or its assignee has exercised any rights it may have to acquire the same under the terms and conditions of the Development Agreement or the ESA. Tenant shall otherwise as reasonably practicable restore the Project Site Premises to a condition approved by Landlord, which approval shall not be unreasonably withheld or delayed, and Tenant shall repair any damage to Landlord's Property which is due to Tenant's use thereofits original condition. Tenant's interest in all any improvements remaining on the Project Site Premises after the 180th day following expiration or earlier termination of the this Lease shall be vacated and surrendered by Tenant to Landlord Landlord, without the payment of any consideration, unless otherwise agreed to, in writing, by the parties, and shall automatically become the property of Landlord. Landlord except to the extent that Landlord requires Tenant may but shall not be obligated to remove and/or store any of Tenant's property or improvements left on the samePremises after expiration of the 180 day period. Should Landlord elect to remove and/or store Tenant's remaining property, upon written demand by Landlord, Tenant shall pay to Landlord all reasonable costs incurred by Landlord in connection with the storage or removal of any machinery, equipment and personal property and other improvements which Tenant agrees to execute has not removed. Any sums not paid when due shall accrue interest at the rate of twelve percent (12%) per annum until paid. Upon the expiration of the Lease Term or sooner termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord such deedsa proper instrument in recordable form, bills releasing and quitclaiming to Landlord all right, title and interest of saleTenant in and to the Premises, assignments or other instruments of conveyance as lands and easements granted herein by Landlord may deem reasonably necessary to evidence such transfer of such improvements to LandlordTenant.