Common use of ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER Clause in Contracts

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation that the Premises are in good order and repair as defined below, and comply with all requirements for occupancy within thirty (30) days of the Lease Date. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “Good Condition and Repair” shall generally mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements to worn-out fixtures, and improvements that a commercially reasonable owner user would make. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, and temperature control systems. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s representation and Lessor’s representation warranty that the Premises and building systems which include but are not limited to mechanical, electrical, plumbing and HVAC systems, the Building structure and the Lessee Interior Improvements are in good order and repair as defined belowrepair, and comply with all requirements laws and requirements, including, but not limited to, American Disabilities Act for occupancy within thirty (30) days as of the Lease DateCommencement Date Lessee shall have the benefit of any existing construction or equipment warranties. Lessor shall use commercially reasonable efforts to obtain market standard warranties for all construction work performed and equipment purchased in connection with Lessee’s Interior Improvements. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “Good Condition and Repair” shall generally mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements to worn-out equipment, fixtures, and improvements that a commercially reasonable owner owner-user would makemake excluding HVAC replacements, roof replacement, exterior painting and parking lot replacement. Notwithstanding the above, Good Condition and Repair shall not mean in a new condition. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, and temperature control systems. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation that . Lessee has occupied the Premises are in good order and repair as defined below, and comply with all requirements for occupancy within thirty over five (305) days of the Lease Dateyears under an existing NNN lease. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “Good Condition and Repair” shall generally mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements to worn-out equipment, fixtures, and improvements that a commercially reasonable owner owner-user would make. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, and temperature control systems, and those additional items listed in Section 5 of the Lease. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay. Notwithstanding the above, Lessor shall install, at Lessor’s cost, new roof membrane on all remaining space by December 31, 2001.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation that the Premises are in good order and repair as defined belowrepair, and comply with all requirements for occupancy within thirty (30) days as of the Lease Commencement Date. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. Repair “Good Condition and Repair” shall generally mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements to worn-out (non-repairable) equipment, fixtures, and improvements improvements, including the Captial Replacements that a commercially reasonable owner owner-user would make. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors (new carpet will not be required at the end of the Lease Term) of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, and temperature control systems; and (v) the existing approximately 20,000 square feet of Class 10 clean room. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation that the Premises are in good order and repair as defined belowrepair, and comply with all requirements for occupancy within thirty (30) days as of the Lease Commencement Date. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “Good Condition and Repair” shall generally mean that the Premises Premiese are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements to worn-out equipment, fixtures, and improvements that a commercially reasonable owner owner- user would make. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, and temperature control systems. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation that the Premises are in good order and repair as defined belowrepair, and comply with all requirements for occupancy as of the Commencement Date and the condition that those items of work described on Exhibit B shall be completed by Lessor on or before January 1, 2005. Unless Lessee gives Lessor written notice within thirty (30) days of taking possession of the Lease DatePremises, Lessee will be deemed to have accepted the Premises in its “as-is” condition on the date of delivery of possession and there are no additional items needing work or repair by Lessor, subject to any “punch-list” items identified in writing by Lessee within thirty (30) days after taking possession of the Premises. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “Good Condition and Repair” shall generally mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes make all Required Replacements. “Required Replacements” are the replacements to worn-out equipment, fixtures, and improvements that a commercially reasonable owner owner-user would make. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, and temperature control systems. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation Lessor represents that the Premises are shall be in good order and repair as defined belowrepair, and shall comply with all requirements for occupancy within thirty (30) days as of the Lease Commencement Date. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises Building to Lessor in Good Condition and Repair. “Good Condition and Repair ("Good Condition and Repair” ") shall generally not mean original condition, but shall mean that the Premises Building are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially acceptable condition suitable for occupancy by a reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacementslessee. “Required Replacements” are the replacements to worn-out fixtures, and improvements that a commercially reasonable owner user would make. All of the following shall be in Good Condition and Repair: (i) the The interior walls of all office and warehouse areas, the floors of all offices office and other interior warehouse areas, (ii) all suspended ceilings and any carpeting shall are to be clean cleaned and in good conditionGood Condition and Repair. Lessee also agrees to surrender unto Lessor all alterations, (iii) all glazing, windows, doors and door closures, plate glassadditions, and improvements which may have been made in, to, or on the Building by Lessee, except that Lessee shall ascertain from Lessor, within (iv30) all electrical systems including light fixtures days before the end of the Lease Term or earlier termination of this Lease, whether Lessor desires to have the Building or any part or parts thereof restored to their condition as of the Commencement Date of this Lease; if Lessor shall so desire, then Lessee shall restore said Building or such part or parts thereof before the end of the Lease Term or earlier termination of this Lease at Lessee's sole cost and ballasts, plumbing, and temperature control systemsexpense. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the PremisesBuilding, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s 's abandoned property. If the Premises Building are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises Building including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “"AS IS” " condition and “"AS IS” " state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation that . Lessee has occupied the Premises are in good order and repair as defined below, and comply with all requirements for occupancy within thirty over five (305) days of the Lease Dateyears under an existing NNN lease. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “"Good Condition and Repair” " shall generally mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “"Required Replacements” " are the replacements to worn-out equipment, fixtures, and improvements that a commercially reasonable owner owner-user would make. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, and temperature control systems, and those additional items listed in Section 5 of the Lease. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s 's abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay. Notwithstanding the above, Lessor shall install, at Lessor's cost, new roof membrane on all remaining space by December 31, 2001.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation Lessor represents that the Premises are in good order and repair as defined belowrepair, and comply complies with all requirements for occupancy within thirty (30) days as of the Lease Commencement Date. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in good condition and repair. Good Condition condition and Repair. “Good Condition and Repair” repair shall generally not mean original condition, but shall mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially acceptable condition suitable for occupancy by a reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacementslessee. “Required Replacements” are the replacements to worn-out fixtures, and improvements that a commercially reasonable owner user would make. All of the following shall be in Good Condition and Repair: (i) the The interior walls of all office and warehouse areas, the floors of all offices office and other interior warehouse areas, (ii) all suspended ceilings and any carpeting shall are to be clean cleaned and in good conditionrepair. Lessee also agrees to surrender unto Lessor all alterations, (iii) all glazing, windows, doors and door closures, plate glassadditions, and improvements which may have been made in, to, or on the Premises by Lessee, except that Lessee shall ascertain from Lessor, within (iv30) all electrical systems including light fixtures days before the end of the Lease Term or earlier termination of this Lease, whether Lessor desires to have the Premises or any part or parts thereof restored to their condition as of the Commencement Date of this Lease; if Lessor shall so desire, then Lessee shall restore said Premises or such part or parts thereof before the end of the Lease Term or earlier termination of this Lease at Lessee's sole cost and ballasts, plumbing, and temperature control systemsexpense. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s 's abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repaircondition, subject to Lessor’s completion of Lessor’s TI’s all equipment and Lessor’s representation that the Premises are systems being in good order condition and repair as defined below, and comply with all requirements for occupancy within thirty (30) days of the Lease Daterepair. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “Good Condition and Repair” shall generally mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements to worn-out equipment, fixtures, and improvements that a commercially reasonable owner owner-user would make. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, and temperature control systems. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such . Such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation that the Premises are in good order and repair as defined below, and comply with all requirements for occupancy within thirty (30) days of the Lease Date. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “Good Condition and Repair” shall generally mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements of items that are the obligation of Lessee to worn-out fixtures, and improvements that a commercially reasonable owner user would makemaintain pursuant to Section 5(a) below. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, and temperature control systems. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s abandoned propertytreated in accordance with Section 1980 of the California Civil Code. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation that the Premises are in good order and repair as defined below, and comply with all requirements for occupancy within thirty (30) days of the Lease Daterepair. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “Good Condition and Repair” shall generally mean that the Premises Premiese are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements to worn-out equipment, fixtures, . and improvements that a commercially reasonable owner owner-user would make. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, . plumbing, and temperature control systems. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any my delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay. Lessor will provide a 90 day warranty for operating systems and roof membrane other than repairs required as a result of actions of Lessee and/or Lessee’s Agents.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation Lessor represents that the Premises are will be in good order and repair as defined belowrepair, and will comply with all legal requirements for occupancy within thirty (30) days as of the Lease Commencement Date. Lessee agrees on the last day of the Lease Termterm hereof, or on the sooner termination Termination of this Lease, to surrender the Premises to Lessor in good condition and repair. Good Condition condition and Repair. “Good Condition and Repair” repair shall generally not mean that original condition, but shall mean the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially acceptable condition suitable for continuing occupancy by a reasonable manner lessee, Hazardous Materials not caused by Lessee or Lessee's Agents, casualty damage and in an accordance with the requirements of this Lease and (ii) makes all Required Replacementscondemnation excepted. “Required Replacements” are the replacements to worn-out fixtures, and improvements that a commercially reasonable owner user would make. All of the following shall be in Good Condition and Repair: (i) the The interior walls of all office and warehouse areas, the floors of all offices office and other interior warehouse areas, (ii) all suspended ceilings and any carpeting shall be clean cleaned and in good conditioncondition and repair, (iii) free of holes, gouges and defacements, Hazardous Materials not caused by Lessee or Lessee's Agents, casualty damage and condemnation excepted. Lessee also agrees to surrender unto Lessor all glazingalterations, windows, doors and door closures, plate glassadditions, and improvements which may have been made in, to, or on the Premises by Lessee (iv) Lessee's Alterations), except with respect to Lessee's Alterations which Lessor notified Lessee that Lessor would require to be removed at the time Lessor consented to the making of such Lessee's Alterations. Lessee will remove all electrical systems including light fixtures such Lessee's Alterations at Lessee's sole cost and ballasts, plumbing, expense and temperature control systemsLessee will repair any and all material damage to the Premises caused by such removal. Lessee, on or before the end of the Lease Term term or sooner termination Termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s 's abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Leaseterm, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee lessee founded on such delay. Notwithstanding the above, Lessee's liability pursuant to the indemnification provision in this Section 2.1 shall not exceed one million dollars ($1,000,000). Lessor waives any and all claims against and releases Lessee from liability for loss or liability of Lessor in excess of $1,000,000 which may be caused by or arise in connection with any delay caused by Lessee in surrendering the Premises as provided in this Section 2.1, except that Lessee must, in addition to the above, comply with all other terms of the Lease, including the payment of Rent until Lessee surrenders the Premises to Lessor.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation Lessor represents that the Premises are shall be in good order and repair as defined belowrepair, and shall comply with all requirements for occupancy within thirty (30) days as of the Lease Commencement Date. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises Building to Lessor in Good Condition and Repair. “Good Condition and Repair ("Good Condition and Repair” ") shall generally not mean original condition, but shall mean that the Premises Building are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially acceptable condition suitable for occupancy by a reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacementslessee. “Required Replacements” are the replacements to worn-out fixtures, and improvements that a commercially reasonable owner user would make. All of the following shall be in Good Condition and Repair: (i) the The interior walls of all office and warehouse areas, the floors of all offices office and other interior warehouse areas, (ii) all suspended ceilings and any carpeting shall are to be clean cleaned and in good conditionGood Condition and Repair Lessee also agrees to surrender unto Lessor all alterations, (iii) all glazing, windows, doors and door closures, plate glassadditions, and (iv) all electrical systems including light fixtures improvements which may have been made in, to, or on the Building by Lessee. Lessor agrees to allow any reasonable alterations and ballasts, plumbing, improvements and temperature control systemswill notify Lessee at the time of approval if such improvements or alterations are to be removed at the end of the Lease Term or earlier termination of this Lease and the Building restored to its condition as of the Commencement Date of the Lease. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the PremisesBuilding, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s 's abandoned property. If the Premises Building are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises Building including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation that the Premises are in good order and repair as defined belowrepair, and comply with all requirements for occupancy within thirty (30) days as of the Lease Commencement Date. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “Good Condition and Repair” shall generally mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements to worn-out equipment, fixtures, and improvements that a commercially reasonable owner owner-user would make. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, and temperature control systems. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “"AS IS” " condition and “"AS IS” " state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s 's representation that the Premises are in good order and repair as defined belowrepair, and comply with all requirements for occupancy within thirty (30) days as of the Lease Commencement Date. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “"Good Condition and Repair” " shall generally mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “"Required Replacements” " are the replacements to worn-out equipment, fixtures, and improvements that a commercially reasonable owner owner-user would make. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, and temperature control systems. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s 's abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation that the Premises are in good order and repair as defined belowrepair, and comply with all requirements for occupancy within thirty (30) days and comply with 2.1.9 for Phase I and 2.2.9 for Phase II as of the Lease Commencement Date. Lessee shall have the benefit of any exhisting construction or equipment warranties. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “Good Condition and Repair” shall generally mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements to worn-out wornout equipment, fixtures, and improvements that a commercially reasonable owner owner-user would makemake excluding HVAC replacements, roof replacement, exterior painting and parking lot replacement. Notwithstanding the above Good Condition and Repair shall not mean in a new condition. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, and temperature control systems. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. As a material inducement to the execution and delivery of this Lease by Lessor, Lessee accepts is leasing the portion of the Premises in an “"AS IS” " physical condition and “in an "AS IS” " state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation . .Lessor represents that the Premises are in good order and repair as defined belowrepair, and comply with all requirements for occupancy within thirty (30) days as of the Lease Datedate of lease execution. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “Good Condition and Repair ("Good Condition and Repair” ") shall generally not mean original condition, but shall mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially acceptable condition suitable for occupancy by a reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacementslessee. “Required Replacements” are the replacements to worn-out fixtures, and improvements that a commercially reasonable owner user would make. All of the following shall be in Good Condition and Repair: (i) the The interior walls of all office and warehouse areas, the floors of all offices office and other interior warehouse areas, (ii) all suspended ceilings and any carpeting shall are to be clean cleaned and in good conditionGood Condition and Repair. Lessee also agrees to surrender unto Lessor all alterations, (iii) all glazing, windows, doors and door closures, plate glassadditions, and improvements which may have been made in, to, or on the Premises by Lessee, except that Lessee shall ascertain from Lessor, within (iv30) all electrical systems including light fixtures days before the end of the Lease Term or earlier termination of this Lease, whether Lessor desires to have the Premises or any part or parts thereof restored to their condition as of the Commencement Date of this Lease; if Lessor shall so desire, then Lessee shall restore said Premises or such part or parts thereof before the end of the Lease Term or earlier termination of this Lease at Lessee's sole cost and ballasts, plumbing, and temperature control systemsexpense. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s 's abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee By entry hereunder, Tenant accepts the Premises as being in an “AS IS” good and sanitary order, condition and “AS IS” state of repairrepair and accepts the Building and the other improvements in their present condition, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation that the Premises are in good order and repair as defined below, and comply with all requirements except for occupancy within thirty (30) days of the Lease Datelatent defects. Lessee Tenant agrees on the last day of the Lease Termterm hereof, or on the sooner termination of this Lease, to surrender the Premises to Lessor Landlord in good condition and repair, reasonable wear and tear, destruction by casualties, permitted alterations and maintenance and repairs for which Tenant is not responsible hereunder excepted. "Good Condition and Repair. “Good Condition and Repair” condition" shall generally mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements to worn-out fixtures, and improvements that a commercially reasonable owner user would make. All of the following shall be in Good Condition and Repair: (i) the interior walls of all office and warehouse areas, the floors of all offices office and other interior warehouse areas, (ii) all suspended ceilings and any carpeting will be cleaned to the same condition as existed at the commencement of the Lease, normal wear and tear excepted. Not later than thirty (30) days before termination of this Lease, Landlord shall be clean notify Tenant in writing of all alterations, additions and in good conditionimprovements made to the Premises ("Alterations") which Landlord requires Tenant to remove and with respect to which Tenant is required to restore the Premises to their condition as of the Commencement Date at Tenant's sole cost and expense; provided, (iii) all glazinghowever, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, and temperature control systemsLandlord shall not require Tenant to remove any Alterations which Landlord has agreed can remain at the time of consent pursuant to paragraph 10 below. Lessee, on On or before the end of the Lease Term term or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed within thirty (30) days after termination shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s abandoned propertyTenant. If the Premises are not surrendered at the end of the Lease Term term or earlier sooner termination of this Lease, Lessee Tenant shall indemnify Lessor Landlord against loss or liability resulting from any delay caused by Lessee Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding Lessee tenant founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation that the Premises are in good order and repair as defined below, and comply with all requirements for occupancy within thirty (30) days of the Lease Dateany representations made by Lessor herein. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair, subject to casualty, damage or destruction. “Good Condition and Repair” shall generally mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements to worn-out equipment, fixtures, and improvements that a commercially reasonable owner owner-user would makemake excluding roof replacement, exterior painting and parking lot replacement. Notwithstanding the above Good Condition and Repair shall not mean in a new condition. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, HVAC system, plumbing, and temperature control systems. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation represents that the Premises are Lessee Improvements will be in good order and repair as defined belowrepair, and comply with applicable law and all requirements for occupancy within thirty (30) days as of the Lease Datedate Lessee takes occupancy of the Premises and opens for business. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “Good Condition and Repair ("Good Condition and Repair” ") shall generally not mean original condition, but shall mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially acceptable condition suitable for occupancy by a reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements to worn-out fixtures, and improvements that a commercially reasonable owner user would makelessee. All of the following shall are to be in Good Condition and Repair: ; (i) the interior walls and floors of all offices office and other interior areas, (ii) all suspended ceilings and any carpeting shall is to be clean and in good conditioncleaned, (iii) all glazing, windows, doors doors, and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, plumbing and HVAC including temperature control systems. Lessor, during the first twelve years of the Lease Term, at its sole discretion may, by written request, require Lessee to remove and restore all or any part of the private offices at the Premises in excess of 100 private offices per building to standard open office space. If Lessor shall so request, then Lessee shall restore said Premises or such part or parts thereof before the end of the Lease Term or earlier termination of this Lease at Lessee's sole cost and expense. Lessor's right to require such restoration or restoration of special tenant improvements pursuant to Section 4 and any request for such restoration shall expire and become null and void upon Lessee's written notice exercising its right to extend this Lease for a second extended term pursuant to Section 34. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s 's abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall execute, acknowledge and deliver to Lessor a quitclaim deed terminating any rights Lessee has in the Property as a result of any recorded Memorandum of Lease or otherwise. In the event Lessee does not exercise its option to extend the Lease as to all five (5) buildings or if Lessee and Lessor agree to amend the provisions of this Lease relating to options to extend, or rights of first refusal to lease or buy any portions of the Property, then the parties shall concurrently amend any Memorandum of Lease to reflect the same.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation Lessor represents that the Premises are will be in good order and repair as defined belowrepair, and comply with all requirements for occupancy within thirty (30) days and all plans, specifications, designs and blue prints attached hereto as of the Lease Commencement Date. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, . to surrender the Premises to Lessor in Good Condition and Repair. “Good Condition and Repair ("Good Condition and Repair” ") shall generally not mean original condition, but shall mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially acceptable condition suitable for occupancy by a reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacementslessee. “Required Replacements” are the replacements to worn-out fixtures, and improvements that a commercially reasonable owner user would make. All of the following shall be in Good Condition and Repair: (i) the The interior walls of all office and warehouse areas, the floors of all offices office and other interior warehouse areas, (ii) all suspended ceilings and any carpeting shall are to be clean cleaned and in good conditionGood Condition and Repair. Lessee also agrees to surrender unto Lessor all alterations, (iii) all glazing, windows, doors and door closures, plate glassadditions, and improvements (ivnot personal property and trade fixtures) all electrical systems including light fixtures which may have been made in, to, or on the Premises by Lessee, except that Lessee shall ascertain from Lessor, within (30) days before the end of the Lease Term or earlier termination of this Lease, whether Lessor desires to have the Premises or any part or parts thereof restored to their condition as of the Commencement Date of this Lease; if Lessor shall so desire, then Lessee shall restore said Premises or such part or parts thereof before the end of tile Lease Term or earlier termination of this Lease at Lessee's sole cost and ballasts, plumbing, and temperature control systemsexpense. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s 's abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation Lessor represents that the Premises are shall be in good order and repair as defined belowrepair, and shall comply with all requirements for occupancy within thirty (30) days as of the Lease Commencement Date. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and Repair. “Good Condition and Repair ("Good Condition and Repair” ") shall generally not mean original condition, but shall mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially acceptable condition suitable for occupancy by a reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacementslessee. “Required Replacements” are the replacements to worn-out fixtures, and improvements that a commercially reasonable owner user would make. All of the following shall be in Good Condition and Repair: (i) the The interior walls of all office and warehouse areas, the floors of all offices office and other interior warehouse areas, (ii) all suspended ceilings and any carpeting shall are to be clean cleaned and in good conditionGood Condition and Repair. Lessee also agrees to surrender unto Lessor all alterations, (iii) all glazing, windows, doors and door closures, plate glassadditions, and improvements which may have been made in, to, or on the Premises by Lessee, except that Lessee shall ascertain from Lessor, within (iv30) all electrical systems including light fixtures days before the end of the Lease Term or earlier termination of this Lease, whether Lessor desires to have the Premises or any part or parts thereof restored to their condition as of the Commencement Date of this Lease; if Lessor shall so desire, then Lessee shall restore said Premises or such part or parts thereof before the end of the Lease Term or earlier termination of this Lease at Lessee's sole cost and ballasts, plumbing, and temperature control systemsexpense. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s 's abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises and the FF&E in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation that the Premises and FF&E are in good order Good Condition and repair Repair as defined belowherein, and comply with all requirements for occupancy within thirty as of the date of this Lease. On or before August 31, 2005, Lessor will complete the re-commissioning of the existing five (305) days Hitec generators including the diesel fuel delivery systems, and will inspect and complete any maintenance and repairs of the Mechanical Systems, as defined herein, installed at the Premises as of the date of the Lease. “Mechanical Systems” as used herein shall include but are not limited to the existing cooling towers, air handlers, Liebert units, XxXxxx units, any other HVAC package units, condenser water pumps, water storage pumps and the mechanical control and monitoring system. Upon completion of the re-commissioning of the Hitec generators and any maintenance and repairs of the Mechanical systems, Lessor will provide Lessee with written notification that the Hitec generators and Mechanical Systems installed at the Premises as of the date of the Lease Dateare in Good Condition and Repair. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises and FF&E to Lessor in Good Condition and Repair. “Good Condition and Repair” shall generally mean that the Premises are in the condition that one would expect the Premises to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises and FF&E in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements to worn-out nonfunctioning equipment, fixtures, and improvements that a commercially reasonable owner owner-user would make. All of the following shall be in Good Condition and Repair: (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall be clean and in good condition, (iii) all glazing, windows, doors and door closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, and temperature control systems. systems and FF&E. Good Condition and Repair shall not require the replacement of functioning but obsolete FF&E. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. , Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee accepts the Premises in an “AS IS” condition and “AS IS” state of repair, subject to Lessor’s completion of Lessor’s TI’s and Lessor’s representation Lessor represents that the Premises are shall be in good order and repair as defined belowrepair, and shall comply with all requirements for occupancy within thirty (30) days as of the Lease Commencement Date. Lessee agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises to Lessor in Good Condition and RepairRepair except for insured casualties, condemnations, and Hazardous Materials condemnation which is not the responsibility of the Lessee under Section 33. “Good Condition and Repair ("Good Condition and Repair” ") shall not mean original condition, nor a condition as bad as would exist, if ordinary wear and tear was not addressed by performance of commercially reasonable maintenance. Instead, "Good Condition and Repair" shall generally mean that the Premises are in the condition that one would expect the Premises (as Substantially Completed by Lessor) to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “"Required Replacements” " are the replacements to worn-out fixturesequipment, fixtures and improvements that a commercially reasonable owner user owner-use would make. All of the following shall are to be in Good Condition and Repair: ; (i) the interior walls and floors of all offices and other interior areas, (ii) all suspended ceilings and any carpeting shall are to be clean and in good conditioncleaned, (iii) all glazing, windows, doors and door closures, plate glass, glass and (iv) all electrical systems including light fixtures and ballasts, plumbing, plumbing and HVAC including temperature control systems. . Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all such property not so removed shall be deemed to be abandoned by Lessee. Lessee shall reimburse Lessor for all disposition costs incurred by Lessor relative to Lessee’s 's abandoned property. If the Premises are not surrendered at the end of the Lease Term or earlier termination of this Lease, Lessee shall indemnify Lessor against loss or liability resulting from any delay caused by Lessee in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on such delay.. 11 9