Common use of Upon Expiration of Term Clause in Contracts

Upon Expiration of Term. All Improvements on the Premises at the expiration or earlier termination of the Term of this Lease shall, without additional payment to Tenant, then become County’s property free and clear of all claims to or against them by Tenant and free and clear of all Leasehold Mortgages and any other liens and claims arising from Tenant’s use and occupancy of the Premises, and with Taxes paid current as of the expiration or termination date. Tenant shall upon the expiration or earlier termination of the Term deliver possession of the Premises and the Improvements to County in a well-maintained condition consistent with the requirements of this Lease, taking into account reasonable wear and tear and the age of the Improvements.‌ (a) County retains the right to require Tenant, at Tenant’s cost, to remove, demolish and clear all Improvements located on the Premises at the expiration or termination hereof. Said removal shall include leveling the Premises, the removal of any underground obstructions, and the compaction of filled excavations to ninety percent (90%) compaction. (b) In order to ensure that Tenant has sufficient funds reserved for such removal, demolition and clearing County may, at any time during the last ten (10) years of the Term, request an estimate showing the then estimated costs for the removal, demolition and clearing of the Improvements. Tenant shall, within sixty (60) days following receipt of such notice, provide County a report prepared by a construction and demolition expert reasonably acceptable by County that details and estimates the cost and required time period for the demolition and removal of the Improvements at the expiration of the Term (the “Demolition and Removal Report”). If Tenant thereafter elects to exercise its option to extend the Term pursuant to Section 2.2.2, then Tenant shall, following receipt of written notice from County at any time during the Extension Term, cause the Demolition and Removal Report to be updated to reflect the extended Lease Term. Tenant shall deliver a copy of the updated Demolition and Removal Report to the County within sixty (60) days following receipt of such notice from the County. (c) Following County’s receipt of such estimate, County may require Tenant to establish a separate account, in a bank or other financial establishment approved by Chief Real Estate Officer, for the deposit of funds to cover such estimated anticipated expense of demolition and clearing (the “Demolition Security”). The Demolition Security shall be maintained for the remaining duration of the Lease Term and expended solely for the demolition and clearing under this Section. The Demolition Security shall also be explicitly available to the County for such removal in the event that Tenant does not comply with the terms of this Section upon the time periods set forth herein. To the extent that Tenant does not comply with the terms of this Section upon the time periods set forth herein and the County shall have the right to use the Demolition Security to pay the costs of demolition and removal and, to the extent that the amount of the Demolition Security exceeds the actual cost of such demolition and removal, the excess funds shall be delivered to Tenant within sixty (60) days after completion of such demolition and removal. Upon completion of all of Tenant’s obligations under this Section 5.3.2, the remaining balance of any Demolition Security (and to the extent not used by County pursuant this Section) shall be returned to Tenant.

Upon Expiration of Term. All Improvements on the Premises at the expiration or earlier termination of the Term of this Lease shall, without additional payment compensation to Tenant, then become County’s property free and clear of all claims to or against them by Tenant and free and clear of all Leasehold Mortgages and any other liens and claims arising from Tenant’s use and occupancy of the Premises, and with Taxes paid current as of the expiration or termination date. Tenant shall upon the expiration or earlier termination of the Term deliver possession of the Premises and the Improvements to County in a well-well- maintained condition consistent with the requirements of this Lease, taking into account reasonable wear and tear and the age of the Improvements.‌Improvements. (a) County retains the right to require Tenant, at Tenant’s cost, to remove, demolish and clear all vertical above-ground Improvements and remediate any water features, sand traps or feature not buried beneath the surface of the Landfill Final Cover, located on the Premises at the expiration or termination hereof. Said removal shall include leveling the Premises, the removal of any underground obstructions, and the compaction of filled excavations to ninety percent (90%) compaction. (b) In order to ensure that Tenant has sufficient funds reserved for such removal, demolition and clearing County mayCounty, at any time during the last ten three (103) years prior to the expiration of the Term, may request and Tenant must deliver an estimate showing the then estimated costs for the removal, demolition and clearing of the Improvementsclearing. Tenant shall, within sixty (60) days following receipt of such notice, provide County a report prepared by a construction and demolition expert reasonably acceptable by County In addition at that details and estimates the cost and required time period for the demolition and removal of the Improvements at the expiration of the Term (the “Demolition and Removal Report”). If Tenant thereafter elects to exercise its option to extend the Term pursuant to Section 2.2.2, then Tenant shall, following receipt of written notice from County at any time during the Extension Term, cause the Demolition and Removal Report to be updated to reflect the extended Lease Term. Tenant shall deliver a copy of the updated Demolition and Removal Report to the County within sixty (60) days following receipt of such notice from the County. (c) Following County’s receipt of such estimatetime, County may require request and Tenant to shall establish a separate account, in a bank or other financial establishment approved by Chief Real Estate Officer, for the deposit of containing sufficient funds to cover such estimated the anticipated expense of the demolition and clearing (the “Demolition SecurityRestoration Fund”)) and Tenant shall have the right at such time to transfer all funds remaining in Tenant’s Capital Improvement Fund for application to such demolition and clearing costs. The Demolition Security Upon approval of Chief Real Estate Officer Tenant may provide assurance of removal in one of the forms set forth in Section 3.9. Such funds shall be maintained for the remaining duration of the Lease Term and expended solely for the demolition and clearing under this Section. The Demolition Security funds shall also be explicitly available to the County for such removal in the event that Tenant does not comply with the terms of this Section upon the time periods set forth herein. To the extent that Tenant does not comply with the terms of this Section upon the time periods set forth herein and the County shall have the right to use the Demolition Security to pay the costs of demolition may utilize such funds for removal and removal and, to the extent that the amount of the Demolition Security exceeds such funds exceed the actual cost of such demolition and removal, the excess funds shall be delivered to Tenant within sixty (60) days after completion of such removal. If there shall be any remaining funds in such Restoration Fund after Tenant completes such demolition and removal. Upon completion of all of Tenant’s obligations under this Section 5.3.2clearing, the such remaining balance of any Demolition Security (and to the extent not used by County pursuant this Section) funds shall be returned released to Tenant.

Upon Expiration of Term. All Improvements (but specifically excluding trade fixtures, trade equipment, inventory, proprietary items and personal property) on the Premises at the expiration or earlier termination of the Term of this Lease shall, without additional payment to Tenant, then become CountyDistrict’s property free and clear of all claims to or against them by Tenant and free and clear of all Leasehold Mortgages and any other liens and claims arising from Tenant’s use and occupancy of the PremisesPremises but otherwise without representation or warranty of any kind from Tenant, and with Taxes paid current as of the expiration or termination date. Tenant shall upon the expiration or earlier termination of the Term deliver possession of the Premises and the Improvements (but specifically excluding trade fixtures, trade equipment, inventory, proprietary items and personal property) to County District in a welltheir then “as-maintained is” condition consistent with the requirements of this Lease, taking into account reasonable wear without representation and tear and the age of the Improvements.‌warranty. (a) County District retains the right to require Tenant, at Tenant’s cost, to remove, demolish and clear all Improvements located on the Premises at the expiration or termination hereof. Said removal shall include leveling the Premises, the removal of any underground obstructions, and the compaction of filled excavations to ninety percent (90%) compaction. (b) In order to ensure that Tenant has sufficient funds reserved for such removal, demolition and clearing County mayDistrict, at any time during the last ten three (103) years prior to the expiration of the Term, may request and Tenant must deliver an estimate showing the then estimated costs for the removal, demolition and clearing of the Improvementsclearing. Tenant shallIn addition at that time, within sixty (60) days following receipt of such noticeDistrict may request and, provide County a report prepared by a construction and demolition expert reasonably acceptable by County that details and estimates the cost and required time period for the demolition and removal of the Improvements at the expiration of the Term (the “Demolition and Removal Report”). If Tenant thereafter elects to exercise its option to extend the Term pursuant to Section 2.2.2if requested, then Tenant shall, following receipt of written notice from County at any time during the Extension Term, cause the Demolition and Removal Report to be updated to reflect the extended Lease Term. Tenant shall deliver a copy of the updated Demolition and Removal Report to the County within sixty (60) days following receipt of such notice from the County. (c) Following County’s receipt of such estimate, County may require Tenant to establish a separate account, in a bank or other financial establishment approved by Chief Real Estate Officer, for the deposit of containing sufficient funds to cover such estimated the anticipated expense of the demolition and clearing (clearing. Upon approval of Chief Real Estate Officer Tenant may provide assurance of removal in one of the “Demolition Security”)forms set forth in Section 3.9. The Demolition Security Such funds shall be maintained for the remaining duration of the Lease Term and expended solely for the demolition and clearing under this Section. The Demolition Security funds shall also be explicitly available to the County District for such removal in the event that Tenant does not comply with the terms of this Section upon the time periods set forth herein. To the extent that Tenant does not comply with the terms of this Section upon the time periods set forth herein and the County shall have the right to use the Demolition Security to pay the costs of demolition District may utilize such funds for removal and removal and, to the extent that the amount of the Demolition Security exceeds such funds exceed the actual cost of such demolition and removal, the excess funds shall be delivered to Tenant within sixty (60) days after completion of such demolition and removal. Upon completion of all of Tenant’s obligations under this Section 5.3.2, the remaining balance of any Demolition Security (and to the extent not used by County pursuant this Section) shall be returned to Tenant.

Upon Expiration of Term. All Improvements on the Premises at the expiration or earlier termination of the Term of this Lease shall, without additional payment to Tenant, then become County’s property free and clear of all claims to or against them by Tenant and free and clear of all Leasehold Mortgages and any other liens and claims arising from Tenant’s use and occupancy of the Premises, and with Taxes paid current as of the expiration or termination date. Tenant shall upon the expiration or earlier termination of the Term deliver possession of the Premises and the Improvements to to‌ County in a well-maintained condition consistent with the requirements of this Lease, taking into account reasonable wear and tear and the age of the Improvements.‌Improvements. (a) County retains the right to require Tenant, at Tenant’s cost, to remove, demolish and clear all Improvements located on the Premises at the expiration or termination hereof. Said removal shall include leveling the Premises, the removal of any underground obstructions, and the compaction of filled excavations to ninety percent (90%) compaction. (b) In order to ensure that Tenant has sufficient funds reserved for such removal, demolition and clearing County may, at any time during the last ten (10) years of the Term, request an estimate showing the then estimated costs for the removal, demolition and clearing of the Improvements. Tenant shall, within sixty (60) days following receipt of such notice, provide County a report prepared by a construction and demolition expert reasonably acceptable by County that details and estimates the cost and required time period for the demolition and removal of the Improvements at the expiration of the Term (the “Demolition and Removal Report”). If Tenant thereafter elects to exercise its option to extend the Term pursuant to Section 2.2.2, then Tenant shall, following receipt of written notice from County at any time during the Extension Term, cause the Demolition and Removal Report to be updated to reflect the extended Lease Term. Tenant shall deliver a copy of the updated Demolition and Removal Report to the County within sixty (60) days following receipt of such notice from the County. (c) Following County’s receipt of such estimate, County may require Tenant to establish a separate account, in a bank or other financial establishment approved by Chief Real Estate Officer, for the deposit of funds to cover such estimated anticipated expense of demolition and clearing (the “Demolition Security”). The Demolition Security shall be maintained for the remaining duration of the Lease Term and expended solely for the demolition and clearing under this Section. The Demolition Security shall also be explicitly available to the County for such removal in the event that Tenant does not comply with the terms of this Section upon the time periods set forth herein. To the extent that Tenant does not comply with the terms of this Section upon the time periods set forth herein and the County shall have the right to use the Demolition Security to pay the costs of demolition and removal and, to the extent that the amount of the Demolition Security exceeds the actual cost of such demolition and removal, the excess funds shall be delivered to Tenant within sixty (60) days after completion of such demolition and removal. Upon completion of all of Tenant’s obligations under this Section 5.3.2, the remaining balance of any Demolition Security (and to the extent not used by County pursuant this Section) shall be returned to Tenant.