OBLIGATED TO DELIVER THE RETURN NOTICE TO
LESSOR IN THE MANNER (INCLUDING BY THE DATE) REQUIRED HEREBY WITH RESPECT TO THE
NEW DATE OF EXPIRATION OF THE TERM.
(B)
UPON ANY SUCH EXPIRATION (OR ANY EARLIER
TERMINATION) OF THE TERM WITH RESPECT TO ANY EQUIPMENT, LESSEE SHALL: (I) RETURN
THE EQUIPMENT TO SUCH LOCATIONS AND IN
THE MANNER DESIGNATED BY LESSOR WITHIN
THE CONTINENTAL UNITED STATES, INCLUDING, AS REASONABLY REQUIRED BY LESSOR,
SECURING ARRANGEMENTS FOR THE DISASSEMBLY, DE-INSTALLATION, DE-CONTAMINATION (IF
NECESSARY), PACKING FOR SHIPMENT IN ACCORDANCE WITH THE SUPPLIER'S
RECOMMENDATIONS BY AN
19
AUTHORIZED REPRESENTATIVE OF THE SUPPLIER OF THE EQUIPMENT OR OTHER PERSON WHO
SHALL BE A LICENSED HAZARDOUS MATERIALS TRANSPORTER AUTHORIZED BY LESSOR,
SHIPMENT WITH ALL PARTS AND PIECES ON A CARRIER DESIGNATED OR APPROVED BY
LESSOR, AND THEN REASSEMBLY (INCLUDING, IF NECESSARY, REPAIR AND OVERHAUL) BY
SUCH REPRESENTATIVE AT THE RETURN LOCATION IN THE CONDITION THE EQUIPMENT IS
REQUIRED TO BE MAINTAINED BY THIS LEASE AGREEMENT AND IN SUCH CONDITION AS WILL
MAKE THE EQUIPMENT IMMEDIATELY ABLE TO PERFORM ALL FUNCTIONS FOR WHICH THE
EQUIPMENT WAS ORIGINALLY DESIGNED (OR AS UPGRADED DURING THE TERM) TO ITS FULL
RATED CAPACITY, AND IMMEDIATELY QUALIFIED FOR THE SUPPLIER'S (OR OTHER
AUTHORIZED SERVICING REPRESENTATIVE'S) THEN-AVAILABLE SERVICE CONTRACT OR
WARRANTY; WITHOUT LIMITATION, ALL PROCESS FLUIDS AND/OR GASSES WILL BE PURGED
AND PROPERLY DISPOSED OF AND SECURED IN ACCORDANCE WITH THE SUPPLIER'S
RECOMMENDATIONS AND APPLICABLE LAWS AND FURTHER WITHOUT LIMITATION ALL EQUIPMENT
SHALL BE RETURNED TOGETHER WITH ALL CARDS, HOLOGRAMS AND CODES OR PROCESS
CONTROLS NECESSARY TO OPERATE THE EQUIPMENT; (II) PROVIDE TO LESSOR (A) A
DETAILED INVENTORY OF THE EQUIPMENT (INCLUDING THE MODEL AND SERIAL NUMBER OF
EACH MAJOR COMPONENT THEREOF) CONSISTENT WITH THE INFORMATION PROVIDED ON THE
RENTAL SCHEDULE AND DETAILS OF ANY ENGINEERING LEVEL CHANGES; AND (B) A COMPLETE
AND CURRENT SET OF ALL DOCUMENTATION ORIGINALLY PROVIDED WITH THE EQUIPMENT SUCH
AS MANUALS, BLUE PRINTS, PROCESS FLOW DIAGRAMS, EQUIPMENT CONFIGURATION
DIAGRAMS, AND MAINTENANCE RECORDS INCLUDING DOCUMENTATION FOR ANY ALTERATIONS OR
MODIFICATIONS THAT HAVE OCCURRED AND WHICH REMAIN ON THE EQUIPMENT; (III) CAUSE
THE EQUIPMENT TO QUALIFY FOR ALL APPLICABLE PERMITS NECESSARY FOR ITS OPERATION
FOR ITS INTENDED PURPOSE AND TO COMPLY WITH ALL SPECIFICATIONS AND REQUIREMENTS
OF APPLICABLE LAWS; (IV) TO THE EXTENT PERMITTED BY LAW OR BY CONTRACT, TRANSFER
AND ASSIGN TO LESSOR ALL LICENSES AND OTHER RIGHTS TO ALL SOFTWARE LICENSED BY
LESSEE AND, UPON LESSOR'S REQUEST, GRANT TO LESSOR A NON-EXCLUSIVE, PERPETUAL,
TRANSFERABLE, WORLDWIDE LICENSE OF ANY SOFTWARE OWNED BY LESSEE ON CUSTOMARY
TERMS AND CONDITIONS; (V) UPON LESSOR'S REQUEST, PROVIDE SUITABLE STORAGE,
ACCEPTABLE TO LESSOR, FOR A PERIOD NOT TO EXCEED 180 DAYS FROM THE DATE OF
RETURN; (VI) COOPERATE WITH LESSOR IN ATTEMPTING TO REMARKET THE EQUIPMENT,
INCLUDING DISPLAY AND DEMONSTRATION OF THE EQUIPMENT TO PROSPECTIVE PURCHASERS
OR LESSEES, AND ALLOWING LESSOR TO CONDUCT ANY PRIVATE OR PUBLIC SALE OR AUCTION
OF THE EQUIPMENT ON LESSEE'S PREMISES.
IN ADDITION, UPON THE REQUEST OF LESSOR,
LESSEE SHALL, NOT LATER THAN NINETY (90) DAYS PRIOR TO