THIS AGREEMENT SHALL INCLUDE THE MAINTENANCE AND, IF
NECESSARY, REPLACEMENT OF UNDERGROUND STORAGE TANKS AT THE LEASED PROPERTY.
UPON THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT, TENANT SHALL PAY TO
LANDLORD THE AMOUNT OF ANY ASSET RETIREMENT OBLIGATION RESERVE ON TENANT'S BOOKS
AND RECORDS PURSUANT TO GAAP FOR UNDERGROUND STORAGE TANKS LOCATED AT THE LEASED
PROPERTY.
UPON SUCH PAYMENT, TENANT'S OBLIGATIONS UNDER THIS
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AGREEMENT WITH RESPECT TO THE MAINTENANCE AND REPLACEMENT OF UNDERGROUND STORAGE
TANKS SHALL TERMINATE.
4.3.4
SURVIVAL.
THE PROVISIONS OF THIS SECTION 4.3 SHALL SURVIVE THE
EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT.
4.4
GROUND LEASES.
TENANT SHALL PAY AND PERFORM ALL OF LANDLORD'S OBLIGATIONS
AS TENANT UNDER THE GROUND LEASES.
IF LANDLORD HAS THE RIGHT, UNDER THE
PROVISIONS OF ANY OF THE GROUND LEASES, TO ELECT TO RENEW OR EXTEND THE TERM OF
SUCH GROUND LEASES OR TO PURCHASE THE GROUND LEASED PROPERTY, TENANT SHALL SO
NOTIFY LANDLORD AT LEAST ONE HUNDRED EIGHTY (180) DAYS (BUT NO MORE THAN ONE (1)
YEAR) PRIOR TO THE EXPIRATION OF THE PERIOD WITHIN WHICH LANDLORD IS OBLIGATED
TO NOTIFY THE LANDLORD UNDER SUCH GROUND LEASES OF ITS ELECTION TO RENEW, EXTEND
OR PURCHASE, AS THE CASE MAY BE.
SUCH NOTICE FROM TENANT SHALL CONTAIN ALL OF
THE RELEVANT FACTS ABOUT THE IMPENDING ELECTION TO RENEW, EXTEND OR PURCHASE,
INCLUDING, AS APPLICABLE, THE LENGTH OF THE PERIOD OF RENEWAL, THE RENTAL RATE
AND/OR THE PURCHASE PRICE.
IN THE EVENT OF THE EXPIRATION OR TERMINATION OF ANY
GROUND LEASE, THIS AGREEMENT SHALL TERMINATE WITH RESPECT TO SUCH PROPERTY AS OF
THE DATE OF SUCH EXPIRATION OR TERMINATION; PROVIDED, HOWEVER, IN SUCH EVENT,
THERE SHALL BE NO REDUCTION IN THE MINIMUM RENT.
UPON LANDLORD'S REQUEST
FOLLOWING RECEIPT OF ANY REQUIRED CONSENT THERETO, TENANT SHALL, IN
CONSIDERATION OF ONE DOLLAR IN EACH CASE, ASSIGN TO LANDLORD TENANT'S LEASEHOLD
INTEREST IN PROPERTY ADJACENT TO THE WEST MEMPHIS, ARKANSAS PROPERTY AND THE
YORK, NEBRASKA PROPERTY, WHEREUPON SUCH LEASEHOLD INTERESTS SO ASSIGNED SHALL
BECOME PART OF THE LEASED PROPERTY AND EACH LEASE THEREOF SHALL BE A GROUND
LEASE.
ARTICLE 5
MAINTENANCE AND REPAIRS
5.1
MAINTENANCE AND REPAIR.
5.1.1
TENANT'S GENERAL OBLIGATIONS.
(A)
TENANT SHALL KEEP (OR CAUSE TO BE KEPT), AT TENANT'S SOLE COST AND
EXPENSE, THE LEASED PROPERTY AND ALL PRIVATE ROADWAYS, SIDEWALKS AND CURBS
APPURTENANT THERETO (AND TENANT'S PERSONAL PROPERTY) IN GOOD ORDER AND REPAIR,
REASONABLE WEAR AND TEAR EXCEPTED (WHETHER OR NOT THE NEED FOR SUCH REPAIRS
OCCURS AS A RESULT OF TENANT'S USE, ANY
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PRIOR USE, THE ELEMENTS OR THE AGE OF THE LEASED PROPERTY OR TENANT'S PERSONAL
PROPERTY OR ANY PORTION THEREOF), AND SHALL PROMPTLY MAKE OR CAUSE TO BE MADE
ALL NECESSARY AND APPROPRIATE REPAIRS AND REPLACEMENTS THERETO OF EVERY KIND AND
NATURE, WHETHER INTERIOR OR EXTERIOR, STRUCTURAL OR NONSTRUCTURAL, ORDINARY OR
EXTRAORDINARY, FORESEEN OR UNFORESEEN OR ARISING BY REASON OF A CONDITION
EXISTING PRIOR TO THE COMMENCEMENT OF THE TERM (CONCEALED OR OTHERWISE).
ALL
REPAIRS SHALL BE MADE IN A GOOD, WORKMANLIKE MANNER, CONSISTENT WITH