SanDisk 2004 Annual Report Download - page 108

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(5) If Lessor owes any obligation to Lessee under the Relating Agreements on the Return Date, Lessor shall pay to Lessee such
obligation concurrently with the return of the Property.
(6) Under this Article 15, only the return of the entire Unit Components subject to the relevant Individual Transaction shall be
possible and the return of any Unit Component only shall be impossible.
(7) If Lessee elects to return the Property pursuant to this Article 24, Lessee shall, through consultation with Lessor, make efforts
to find any third party to purchase the Property on the sales conditions objectively satisfactory to Lessor, except for cases in
which the Property or any Unit Component should be discarded pursuant to Section 25.4.
2. If the Property is returned to Lessor, Lessor shall prepare and deliver to Lessee the Certificate of Return in Attachment 3.
3. Upon request from Lessor, Lessee shall store the Property for Lessor at a maximum for [***] years from the Return Date at its own
risk and expense. During such storage, Lessee shall undertake maintenance, checking and keeping under this Agreement to keep
Performances of the Property the same as the Delivery Date. If the Property is damaged, Lessee shall restore the Property to the
original condition regardless of the reason for such damage.
4. Notwithstanding the provision of Section 25.1, Lessor may request Lessee to discard by the Return Date the whole or part of Unit
Component constituting the Property. In such case, Lessee shall deliver a written acceptance to Lessor, and immediately discard
Unit Component so requested in Japan at its own risk and expense. Lessee shall comply with applicable laws and regulations
(including those concerning environment) in relation to such discard. Provided that if Lessor is required to discard such Unit
Component under its own name pursuant to applicable laws and regulations, Lessee shall bear costs for such discarding and
provide necessary cooperation to Lessor. In each case, Lessor may request Lessee to submit certificate of discarding and other
related documents, or copies thereof.
5. Lessee shall bear maintenance cost, removal cost, transportation cost, storage cost, resale cost of the Property, and any other costs
concerning the return of the Property, as well as all costs concerning discarding of the Property.
6. If Lessor sells returned the Property to any third party within [***] months after Lessee returns such the Property to Lessor under
this Article 25, and the net amount of the sales proceeds less Taxes and Public Dues, sales commission and any other necessary
costs exceeds the Standard Redemption Price of the Property as of the Return Date, Lessor shall pay to Lessee [***] % of the
balance of such net amount and the Standard Redemption Price. Lessee shall bear Taxes and Public Dues imposed on such
payment.
7. If the Property returned under this Article 25 is discarded, Toshiba Lessors RA and SD Lessor shall consult with each other to
determine conditions and method of such discarding.
[***] INDICATES THAT CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY
WITH THE COMMISSION PURSUANT TO RULE 24B−2. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH
RESPECT TO THE OMITTED PORTIONS. − 23 −