SanDisk 2004 Annual Report Download - page 99

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2. The Lessee shall satisfy the laws and regulations (including the environmental laws and regulations) applicable to the Property and
its installation, use, functioning and operation, and the requirements, conditions, and instructions of, and the agreements with, the
Property Manufacturer, supplier of the Parts or the insurance companies with respect to any major issues, and shall use the
Property only for the legally accepted purposes.
3. The Lessee shall, at its risk and costs, prepare and maintain various records concerning the use and functioning of the Property.
Article 13. Possession and Sublease
1. The Lessee shall not transfer the possession of the Property to any third party other than the Lessee nor sublease the Property
without the prior consent of the Lessors; provide, however, that the Lessee may, at its risk and costs, transfer the possession of the
Property to the Property Manufacturer or a qualified maintenance/repair service operator for the purpose of maintenance or repair
without the consent of the Lessors, and sublease the property to Toshiba Group Companies or SD Group Companies.
2. In the event of transfer of the possession or sublease under the preceding paragraph, such transfer of possession or sublease shall
be without prejudice to the obligations of the Lessee hereunder, and the relevant provisions, term and other matters of such transfer
of possession or sublease shall be subject to and subordinate to the terms and conditions of this Agreement, and any Taxes and
Public Dues that become payable relating to such transfer of possession or sublease shall not affect the Lease Fees or other
conditions of the lease hereunder. Furthermore, the Lessee shall, at its risk and costs, take any and all reasonable actions so that the
Lessors and the Lender can maintain the security (not limited to those expressly indicated herein) as before.
Article 14. Maintenance Management
1. Lessee shall at any time store the Property in a safe condition at its own risk and expense.
2. Lessee shall keep and maintain the Property in accordance with applicable laws and regulations at its own risk and expense, and
shall keep, maintain and repair the Property in such manner as approved or recommended by the Property Manufacturer or supplier
of the Property or at least in the same manner as those Lessee adopts for other properties of the same type it uses. Further, Lessee
shall keep the Property at any time in the same condition as that as of the Delivery Date (except for normal wear). In any case,
Lessee shall not take any action that may cause any material adverse effect on the warranties concerning the Property made by the
Property Manufacturer.
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