SanDisk 2004 Annual Report Download - page 130

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Attachment 5 to the Lease Agreement
Condition Requirements at the time of Return
Flash Partners Ltd. (hereinafter know as the Lessee) shall satisfy the following requirements in addition to the provisions of Clause
25 of the Lease when attempting the reversion of the Equipment in question to the Lessors (hereinafter called “the Lessors”) in
accordance with the stipulations of Clause 25 of the Lease.
(A) Lessee shall no later than [***] days prior to the expiration or other termination of the Lease (with regard to all but not less than
all of the Equipment) provide, at its expense:
1. a detailed inventory of the Equipment (including the model and serial number of each major component thereof), including,
without limitation, all internal circuit boards, module boards and software features.
2. a complete and current set of all manuals, blue prints, process flow diagrams, equipment configuration diagrams, operation,
maintenance and repair records and other data (in Japanese and English) reasonably requested by Lessors concerning the configuration
and operation of the Equipment, and
3. a certification of the manufacturer or of a maintenance provider acceptable to Lessors that the Equipment (a) has been tested and
is operating in accordance with the manufacturer’s specifications together with a report detailing the condition of the Equipment, the
results of such test(s) and inspection(s), and (b) that the Equipment qualifies for the manufacturer’s used equipment maintenance
program.
(B) Upon the request of Lessors and at the expense of the Lessee, Lessee shall, not later than [***] days prior to the expiration or other
termination of the Lease make Equipment available for on−site operational inspection by persons designated by Lessors who shall be
qualified to inspect the Equipment in its operational environment.
(C) At the expense of Lessee, all Equipment shall be cleaned and treated with respect to rust, corrosion and appearance in accordance
with the manufacturer’s recommendations and consistent with the best practices of dealers in used equipment similar to the
Equipment. At Lessor’s option and at the expense of Lessee, Lessee shall (a) properly remove all Lessee installed markings which are
not necessary for the operation, maintenance or repair of the Equipment; or (b) translate said markings to a language as specified by
the Lessors and reattach those markings.
(D) Lessee shall, at its expense, ensure all Equipment and Equipment operations conform to all applicable local, state, and federal
laws, health and safety guidelines which may be in effect at the time of return, or as specified by the Lessors.
[***] 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.