LESSEE SO SURRENDER THE PROJECT TO THE
COMMISSION PURSUANT TO SECTION 14.01(A), WHICH RIGHT SHALL BE EXERCISABLE BY THE
COMMISSION BY NOTICE TO LESSEE CONTAINED IN THE COMMISSION'S NOTICE TERMINATING
THIS LEASE.
IF THE COMMISSION GIVES NOTICE WITHIN SAID SIXTY (60) DAY PERIOD OF
THE COMMISSION'S ELECTION TO ACCEPT LESSEE'S SURRENDER OF THE PROJECT OR IN THE
COMMISSION'S NOTICE OF TERMINATION, AS APPLICABLE, LESSEE SHALL SURRENDER THE
PROJECT PURSUANT TO SECTION 14.02.
SECTION 14.02.
DELIVERY OF DOCUMENTS TO THE COMMISSION.
IN THE EVENT
LESSEE ELECTS TO SURRENDER THE PROJECT TO THE COMMISSION PURSUANT TO SECTION
14.01 AND THE COMMISSION ACCEPTS SUCH SURRENDER PURSUANT TO SAID SECTION, UPON
THE SURRENDERING BY LESSEE OF THE LEASED PREMISES, LESSEE SHALL WITHIN THIRTY
(30) DAYS AFTER THE
EXPIRATION OR EARLIER TERMINATION (AS APPLICABLE) OF THE
DEMISED TERM DELIVER TO THE COMMISSION THE FOLLOWING:
(A)
SUCH DOCUMENTS, INSTRUMENTS AND CONVEYANCES AS THE COMMISSION MAY
REASONABLY REQUEST TO ENABLE THE COMMISSION'S OWNERSHIP OF THE IMPROVEMENTS
CONSTRUCTED BY LESSEE TO BE REFLECTED OF RECORD, INCLUDING WITHOUT LIMITATION A
DEED OR A TERMINATION OF LEASE, IN RECORDABLE FORM, TO THE IMPROVEMENTS OR A
BILL OF SALE.
38
(B)
A RECORDABLE ASSIGNMENT OF LESSEE'S INTEREST AS LESSOR IN ALL
SUBLEASES (IF ANY), THERETOFORE APPROVED BY THE COMMISSION.
SUCH ASSIGNMENT
SHALL STATE THE COMMISSION SHALL NOT BE OBLIGATED FOR ANY PRIOR DEFAULT OF
LESSEE UNDER SAID SUBLEASES.
(C)
ALL DEPOSITS, PREPAID RENTS AND OTHER AMOUNTS HELD BY LESSEE UNDER
ANY SUBLEASES AND ASSIGNMENTS OF LESSEE'S INTEREST IN ALL SUCH ITEMS HELD BY
OTHERS FOR THE COMMISSION OR LESSEE.
(D)
ALL CONSTRUCTION PLANS, ELEVATIONS, SPECIFICATIONS, SURVEYS,
PERMITS AND OTHER DOCUMENTS (EXCLUDING PROPRIETARY INFORMATION AND TRADE
SECRETS) RELATING TO AND NECESSARY OR CONVENIENT FOR THE OPERATION OF THE
IMPROVEMENTS CONSTRUCTED BY LESSEE.
(E)
ALL WARRANTIES ON THE IMPROVEMENTS CONSTRUCTED BY LESSEE TO THE
FULL EXTENT SUCH WARRANTIES ARE ASSIGNABLE AND ALL PLANS, ELEVATIONS,
SPECIFICATIONS, ENGINEERING DRAWINGS AND PRINTS RELATING TO SAID IMPROVEMENTS
TOGETHER WITH BILLS OF SALE OR ASSIGNMENTS TO THE COMMISSION AS THE COMMISSION
MAY REASONABLY REQUEST WITH RESPECT TO ANY OF THE ABOVE.
(F)
AN AMOUNT EQUAL TO THE ACCRUED BUT UNPAID IMPOSITIONS WITH
RESPECT TO THE LEASED PREMISES, PRORATED TO THE DATE OF EXPIRATION OR
TERMINATION.
IMPOSITIONS WHICH ARE A LIEN AND ARE PAYABLE FOR PRIOR YEARS WILL
BE PAID IN FULL AND IMPOSITIONS WHICH ARE A LIEN AND ARE PAYABLE OR WILL BECOME
SO FOR THE YEAR OF TERMINATION SHALL BE PRORATED TO THE DATE OF TERMINATION
BASED ON THE BEST AVAILABLE INFORMATION AS TO THE AMOUNT OF IMPOSITION DUE.
ALL
DOCUMENTS REQUIRED TO BE DELIVERED BY LESSEE TO THE COMMISSION IN THIS SECTION
SHALL BE IN FORM REASONABLY SATISFACTORY TO THE COMMISSION AND LESSEE.
SECTION 14.03.
REMOVAL OF ALL IMPROVEMENTS.
IN THE EVENT LESSEE ELECTS
NOT TO SURRENDER THE PROJECT TO THE COMMISSION PURSUANT TO SECTION 14.01 OR THE
COMMISSION DOES NOT ACCEPT SUCH SURRENDER PURSUANT TO SAID SECTION, LESSEE SHALL
BE REQUIRED TO DEMOLISH AND REMOVE FROM THE REAL ESTATE ALL OF THE IMPROVEMENTS
(INCLUDING