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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• ARTICLE X <br /> COMPANY'S OPTIONS <br /> Section 10.1. Extension Q12tions. The Company shall have and is hereby granted the option <br /> to extend this Lease Agreement for thirty(30)renewal terms of one(1)year each for an annual Lease <br /> Payment of One Hundred Dollars($100.00),payable in advance on the first Business Day of each <br /> year of the extension term, and otherwise upon the terms, conditions and provisions of this Lease <br /> Agreement. The options provided for herein shall be deemed automatically exercised by the <br /> Company(without requirement of any notice of exercise)unless thirty(30)days prior to the end of <br /> the initial term or any extension term the Company shall give the Issuer written notice that the <br /> Company does not elect to have the lease term extended beyond the then current initial or extension <br /> term. <br /> Section 10.2. Purchase Q12tions. In the event the Company pays or prepays Lease Payments <br /> and other amounts owing to the Issuer and the Trustee under this Lease Agreement and the Indenture <br /> in such a manner so as to permit this Lease Agreement to be released from the lien of the Indenture <br /> in accordance with the terms thereof,or at any time there are no Bonds outstanding hereunder,then, <br /> irrespective of any default hereunder, the Company shall have the right and option to purchase the <br /> Premises upon the release of this Lease Agreement (such payment or prepayment of the Lease <br /> Payments and other amounts owing to the Issuer and the Trustee to constitute the purchase price of <br /> the Premises) and at any time thereafter. If the Company exercises its option to purchase the <br /> • Premises subsequent to such discharge of the Trustee's interest in this Lease Agreement,the purchase <br /> price of the Premises shall be One Hundred Dollars ($100.00). The foregoing option to purchase <br /> may be exercised by giving written notice to the Issuer,with a copy to the Trustee(so long as any <br /> of the Bonds are outstanding), specifying the time and place of closing. The option granted in this <br /> Section 10.2 shall survive the termination of this Lease Agreement. <br /> Section 10.3. Release Qptions. The Company shall have and is hereby granted the option <br /> from time to time to have released from this Lease Agreement any portion of the land described in <br /> Exhibit B hereto as shall not at such time be improved with a building or buildings or other structure <br /> or structures or be necessary for adequate ingress and egress to and from the buildings and structures <br /> comprising the Premises,plus such additional land adjacent to such buildings and structures as may <br /> be reasonably necessary for the proper and efficient use of such buildings and structures. The <br /> consideration to be paid by the Company to the Issuer upon conveyance of the land being released <br /> shall be One Dollar($1.00)per acre. The foregoing option to release maybe exercised by giving <br /> written notice to the Issuer,with a copy to the Trustee(so long as any of the Bonds are outstanding), <br /> specifying the time and place of closing. The conveyance of land under this Section 10.3 shall not <br /> result in the relieving of the Company of its obligations to make the payments required in Section <br /> 5.3 hereof and to perform and observe the other agreements on its part contained herein,or result in <br /> any diminution thereof. <br /> • <br /> 25 <br />
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