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

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. 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 not mean original condition, but shall mean that the Premises are in a commercially acceptable condition suitable for occupancy by a reasonable lessee. The interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and any carpeting are to be cleaned and in Good Condition and Repair. 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. Lessee has occupied the Premises for over five (5) years 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 ("“Good Condition and Repair") ” shall not mean original condition, but 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 acceptable condition suitable for occupancy by 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 lesseeowner-user would make. The 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 office offices and warehouse other interior areas, (ii) all suspended ceilings and any carpeting are to shall be cleaned clean and in Good Condition good condition, (iii) all glazing, windows, doors and Repairdoor closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, 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 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 ("“Good Condition and Repair") ” shall not mean original condition, but 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 acceptable condition suitable for occupancy by 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 lesseeowner user would make. The 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 office offices and warehouse other interior areas, (ii) all suspended ceilings and any carpeting are to shall be cleaned clean and in Good Condition good condition, (iii) all glazing, windows, doors and Repairdoor 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 representation and 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, and comply with all laws and requirements, including, but not limited to, American Disabilities Act for occupancy as of the Commencement 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 ("“Good Condition and Repair") ” shall not mean original condition, but 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 acceptable condition suitable for occupancy by 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 lesseeowner-user would make excluding HVAC replacements, roof replacement, exterior painting and parking lot replacement. The 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 of all office and warehouse areas, the floors of all office offices and warehouse other interior areas, (ii) all suspended ceilings and any carpeting are to shall be cleaned clean and in Good Condition good condition, (iii) all glazing, windows, doors and Repairdoor 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 representation that the Premises are in good order and repair, and comply with all requirements for occupancy as of the 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 not mean original condition, but 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 acceptable condition suitable for occupancy by 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, including the Captial Replacements that a commercially reasonable lesseeowner-user would make. The 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 office offices and warehouse other interior areas, the floors of all office and warehouse areas, (ii) all suspended ceilings and any carpeting are to shall be cleaned clean and in Good Condition good condition, (iii) all glazing, windows, doors and Repairdoor closures, plate glass, (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 ’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 its "AS IS" condition and state of repair. 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 (as defined below). "Good Condition and Repair") shall not mean original condition, but shall mean " means that the Premises are in a commercially acceptable condition suitable for occupancy by a reasonable lessee. The interior walls of all office and warehouse areas, that one would expect the floors of all office and warehouse areas, all suspended ceilings and any carpeting are Premises to be cleaned in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially reasonable manner and in Good Condition an accordance with the requirements of this Lease and Repair(ii) makes all Required Replacements (as defined below). "Required Replacements" are the repairs or replacements to any equipment, fixtures, and improvements that a commercially reasonable tenant would make with the exception of (i) any reasonable wear and tear and (ii) the repair or replacement of the heating, ventilation and air conditioning system ("HVAC") or the roof of the Premises, each of which shall be the responsibility of Lessor. Lessee, on or before the end of the Lease Term or sooner termination of this Lease, shall remove all of its personal property property, equipment 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 storage and 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 any 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 tenant caused by 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 representation that the Premises are in good order and repair, 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 Premises, 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 ("“Good Condition and Repair") ” shall not mean original condition, but 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 uses and maintains the Premises in a commercially acceptable condition suitable for occupancy by reasonable manner and in an accordance with the requirements of this Lease and make all Required Replacements. “Required Replacements” are the replacements to worn-out equipment, fixtures, and improvements that a commercially reasonable lesseeowner-user would make. The 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 office offices and warehouse other interior areas, (ii) all suspended ceilings and any carpeting are to shall be cleaned clean and in Good Condition good condition, (iii) all glazing, windows, doors and Repairdoor 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. 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 not mean original condition, but 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 acceptable condition suitable for occupancy by a reasonable lesseemanner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. The “Required Replacements” are the replacements of items that are the obligation of Lessee to maintain pursuant to Section 5(a) below. 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 office offices and warehouse other interior areas, (ii) all suspended ceilings and any carpeting are to shall be cleaned clean and in Good Condition good condition, (iii) all glazing, windows, doors and Repairdoor 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. Lessor represents that the Premises shall be in good order and repair, and shall comply with all requirements for occupancy as of the 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, but 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 acceptable condition suitable for occupancy by reasonable manner and in 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 lesseeowner-use would make. The All of the following are to be in Good Condition and Repair; (i) the interior walls of all office and warehouse areas, the floors of all office offices and warehouse other interior areas, (ii) all suspended ceilings and any carpeting are to be cleaned cleaned, (iii) all glazing, windows, doors and in Good Condition closures, plate glass and Repair(iv) all electrical systems including light fixtures and ballasts, 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 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, subject to all equipment and systems being 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 to Lessor in Good Condition and Repair. Good Condition and Repair ("“Good Condition and Repair") ” shall not mean original condition, but 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 acceptable condition suitable for occupancy by 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 lesseeowner-user would make. The 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 office offices and warehouse other interior areas, (ii) all suspended ceilings and any carpeting are to shall be cleaned clean and in Good Condition good condition, (iii) all glazing, windows, doors and Repairdoor 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 ’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. Lessor represents that the Premises are in good order and repair considering age, and complies with all requirements for occupancy as of the last remodel by the former Lessee. Lessor has agreed to this Lease based on a total interior remodel by Lessee. 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 not mean original condition, but shall mean that the Premises are in a commercially acceptable condition suitable for occupancy surrender by a reasonable lessee. The interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and any carpeting are to be cleaned and in Good Condition and Repair. Lessee also agrees to surrender unto Lessor all alterations, additions, and improvements which may have been made in, to, or on the Premises by Lessee. 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 foregoing, if (i) Lessee notifies Lessor at least six (6) months before the end of the Lease Term, (ii) Lessee provides Lessor with a date certain that Lessee will be vacating the Premises, and (iii) the hold over requested is for a period of six (6) months or less, Lessee shall not be liable for any consequential damages which may result from the holdover provided the above conditions are met by Lessee, including any claims pursuant to the foregoing indemnity.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessee When Tenant enters hereunder, Tenant shall accept the Premises as being in good and sanitary order, condition and repair, except for latent defects except for the "punch list" to be provided Landlord within thirty (30) days after Tenant's occupancy. The 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 unto Landlord in Good Condition good condition and Repairrepair, reasonable wear and tear excepted. Good Condition and Repair ("Good Condition and Repair") shall not mean original condition, but " shall mean that the Premises are in a commercially acceptable condition suitable for occupancy by a reasonable lessee. The interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and any carpeting are will be cleaned. Tenant shall ascertain from Landlord at least thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition as of the Lease commencement date or to cause Tenant to surrender all alterations, additions, and improvements in place to landlord. Tenant may request Landlord's decision at any time within six (6) months before the end of the Lease term and Landlord shall respond within thirty (30) days of Tenant's inquiry. Landlord's failure to respond within such period shall be cleaned deemed an election that 5 -5- Tenant surrender the Premises in their then current condition. If Landlord shall so desire, then Tenant shall remove such alterations, addition, and in Good Condition improvements as Landlord may require and Repairshall repair and restore said Premises or such part or parts thereof before the termination of this Lease at Tenant's sole cost and expense. Lessee, Tenant on or before the end of the Lease Term term or sooner termination of this Lease, shall remove all his or 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 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 reasonable claims made by any succeeding Lessee tenant founded on such delay. Provided further that Landlord hereby warrants that all work will be performed in a good workmanlike manner free of all defects in construction and/or materials for a period of one year after Tenant accepts possession plus a period of two years from acceptance for the roof membrane or any other waterproof conditions. Landlord to further assign all subcontractor and material supplier's warranties to Tenant.

ACCEPTANCE OF PREMISES AND COVENANTS TO SURRENDER. Lessor represents that the Premises shall be in good order and repair, and shall comply with all requirements for occupancy as of the 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 not mean original condition, but shall mean that the Premises Building are in a commercially acceptable condition suitable for occupancy by a reasonable lessee. The interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and any carpeting are to be cleaned and in Good Condition and Repair. Lessee also agrees to surrender unto Lessor all alterations, additions, and improvements which may have been made in, to, or on the Building 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 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 expense. 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 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 representation that the Premises are in good order and repair, and comply with all requirements for occupancy as of the 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 not mean original condition, but 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 acceptable condition suitable for occupancy by 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 lesseeowner-user would make. The 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 office offices and warehouse other interior areas, (ii) all suspended ceilings and any carpeting are to shall be cleaned clean and in Good Condition good condition, (iii) all glazing, windows, doors and Repairdoor 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 Upon Landlord’s delivery of possession of the Premises to Tenant, Tenant and Landlord shall walk through the Building and inspect the same, including the Tenant Interior Improvements, noting on a written punchlist all defective or incomplete items. Such walk-through inspection shall occur within thirty (30) days of Landlord’s initial delivery of possession to Tenant. Landlord shall promptly after receipt of such punchlist correct or complete all such defective or incomplete items at Landlord’s sole expense. Upon completion of all such punchlist items, Tenant shall be deemed to have accepted the Building in good and sanitary condition, order, and repair. Such deemed acceptance shall not be deemed a waiver of Tenant’s right to enforce Landlord’s covenants respecting construction of the Tenant Interior Improvements, including the covenants set forth in the first two sentences of paragraph 7 above, nor shall such acceptance be deemed a waiver of Tenant’s right to have any defects in materials, labor or design of the Premises or the Building repaired at Landlord’s sole expense. The 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 unto Landlord in Good Condition good condition and Repair. Good Condition repair, reasonable wear and Repair ("Good Condition and Repair") shall not mean original condition, but shall mean that the Premises are in a commercially acceptable condition suitable for occupancy by a reasonable lessee. The interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and any carpeting are to be cleaned and in Good Condition and Repair. 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 Premisestear excepted, 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 further excepting damage and destruction caused by Lessee acts of God or other causes beyond the control of either party, or damage caused by Tenant but which is covered by insurance hereunder carried by Tenant or Landlord, and the existence of contamination by toxic or hazardous materials other than those stored, used or disposed of by Tenant in surrendering the Premises including, without limitation, any claims made by any succeeding Lessee founded on violation of law and which result in such delaycontamination.

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 representation that the Premises are in good order and repair, and comply with all requirements for occupancy and comply with 2.1.9 for Phase I and 2.2.9 for Phase II as of the 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 ("“Good Condition and Repair") ” shall not mean original condition, but 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 acceptable condition suitable for occupancy by reasonable manner and in an accordance with the requirements of this Lease and (ii) makes all Required Replacements. “Required Replacements” are the replacements to wornout equipment, fixtures, and improvements that a commercially reasonable lesseeowner-user would make excluding HVAC replacements, roof replacement, exterior painting and parking lot replacement. The 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 of all office and warehouse areas, the floors of all office offices and warehouse other interior areas, (ii) all suspended ceilings and any carpeting are to shall be cleaned clean and in Good Condition good condition, (iii) all glazing, windows, doors and Repairdoor 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 any 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 ("“Good Condition and Repair") ” shall not mean original condition, but 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 acceptable condition suitable for occupancy by 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 lesseeowner-user would make excluding roof replacement, exterior painting and parking lot replacement. The 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 of all office and warehouse areas, the floors of all office and warehouse interior areas, (ii) all suspended ceilings and any carpeting are to shall be cleaned clean and in Good Condition good condition, (iii) all glazing, windows, doors and Repairdoor 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 ’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. Lessor represents that the Premises shall be in good order and repair, and shall comply with all requirements for occupancy as of the 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 not mean original condition, but shall mean that the Premises Building are in a commercially acceptable condition suitable for occupancy by a reasonable lessee. The interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and any carpeting are to be cleaned and in Good Condition and RepairRepair Lessee also agrees to surrender unto Lessor all alterations, additions, and improvements which may have been made in, to, or on the Building by Lessee. Lessor agrees to allow any reasonable alterations and improvements and will 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 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. Lessor represents that the Premises shall be in good order and repair, and shall comply with all requirements for occupancy as of the 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 not mean original condition, but shall mean that the Premises are in a commercially acceptable condition suitable for occupancy by a reasonable lessee. The interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and any carpeting are to be cleaned and in Good Condition and Repair. Lessee also agrees to surrender unto Lessor all alterations, additions, and improvements 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 the Lease Term or earlier termination of this Lease at Lessee's sole cost and expense. 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 is leasing the portion of the Premises in an "AS IS" physical condition and in an "AS IS" state of repair. .Lessor represents that the Premises are in good order and repair, and comply with all requirements for occupancy as of the date 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 not mean original condition, but shall mean that the Premises are in a commercially acceptable condition suitable for occupancy by a reasonable lessee. The interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and any carpeting are to be cleaned and in Good Condition and Repair. Lessee also agrees to surrender unto Lessor all alterations, additions, and improvements 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 the Lease Term or earlier termination of this Lease at Lessee's sole cost and expense. 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. Lessor represents that the Premises will be in good order and repair, and comply with all requirements for occupancy and all plans, specifications, designs and blue prints attached hereto as of the 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 not mean original condition, but shall mean that the Premises are in a commercially acceptable condition suitable for occupancy by a reasonable lessee. The interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and any carpeting are to be cleaned and in Good Condition and Repair. Lessee also agrees to surrender unto Lessor all alterations, additions, and improvements (not personal property and trade 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 expense. 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. Lessor represents that the Premises are in good order and repair, and complies with all requirements for occupancy as of the 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 good condition and Repairrepair. Good Condition condition and Repair ("Good Condition and Repair") repair shall not mean original condition, but shall mean that the Premises are in a commercially acceptable condition suitable for occupancy by a reasonable lessee. The interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and any carpeting are to be cleaned and in Good Condition good repair. Lessee also agrees to surrender unto Lessor all alterations, additions, and Repairimprovements 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 the Lease Term or earlier termination of this Lease at Lessee's sole cost and expense. 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. Lessor represents that the Premises are in good order and repair considering age, and complies with all requirements for occupancy as of the last remodel by the former Lessee. Lessor has agreed to this Lease based on a total interior remodel by Lessee. 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 not mean original condition, but shall mean that the Premises are in a commercially acceptable condition suitable for occupancy surrender by a reasonable lessee. The interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and any carpeting are to be cleaned and in Good Condition and Repair. Lessee also agrees to surrender unto Lessor all alterations, additions, and improvements which may have been made in, to, or on the Premises by Lessee. 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 foregoing, if (i) Lessee notifies Lessor at least six (6) months before the end of the Lease Term, (ii) Lessee provides Lessor with a date certain that Lessee will be vacating the Premises, and (iii) the hold over requested is for a period of six (6) months or

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 representation that the Premises are in good order and repair, and comply with all requirements for occupancy as of the 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 not mean original condition, but shall generally mean that the Premiese are in the condition that one would expect the Premises are to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially acceptable condition suitable for occupancy by 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 lesseeowner- user would make. The 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 office offices and warehouse other interior areas, (ii) all suspended ceilings and any carpeting are to shall be cleaned clean and in Good Condition good condition, (iii) all glazing, windows, doors and Repairdoor 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 representation that the Premises are in good order and repair. 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 not mean original condition, but shall generally mean that the Premiese are in the condition that one would expect the Premises are to be in, if throughout the Lease Term Lessee (i) uses and maintains the Premises in a commercially acceptable condition suitable for occupancy by 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 lesseeowner-user would make. The 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 office offices and warehouse other interior areas, (ii) all suspended ceilings and any carpeting are to shall be cleaned clean and in Good Condition good condition, (iii) all glazing, windows, doors and Repairdoor 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 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 represents that the Lessee Improvements will be in good order and repair, and comply with applicable law and all requirements for occupancy as of the date 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 not mean original condition, but shall mean that the Premises are in a commercially acceptable condition suitable for occupancy by a reasonable lessee. The All of the following are to be in Good Condition and Repair; (i) the interior walls of all office and warehouse areas, the floors of all office and warehouse other interior areas, (ii) any carpeting is to be cleaned, (iii) all suspended ceilings glazing, windows, doors, and closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, 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 carpeting are request for such restoration shall expire and become null and void upon Lessee's written notice exercising its right to be cleaned and in Good Condition and Repairextend 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 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. Lessor represents that the Premises are in good order and repair, and complies with all legal requirements for occupancy as of the Commencement Date. The 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 good condition and Repair. Good Condition and Repair ("Good Condition and Repair") shall not mean original condition, but shall mean that the Premises are in a commercially acceptable condition suitable for occupancy by a reasonable lesseerepair. The interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and any carpeting are to be cleaned and in Good Condition good repair. Lessee also agrees to surrender unto Lessor all alterations, additions, and Repairimprovements 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 term 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 except for usual wear and tear, if Lessor shall so desire, then Lessee shall restore said Premises or such part or parts thereof before the Expiration or Termination of this Lease at Lessee's sole cost and expense. 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 abandoned property. If the Premises are not surrendered at the end of the Lease Term term or earlier termination sooner 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 good and sanitary order, condition and repair and accepts the Building and the other improvements in their present condition, except for latent defects. 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 good condition and Repairrepair, 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") shall not mean original condition, but " shall mean that the Premises are in a commercially acceptable condition suitable for occupancy by a reasonable lessee. The interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and any carpeting are to 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 notify Tenant in Good Condition writing of all alterations, additions and Repairimprovements 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, however, Landlord 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. Lessor represents that the Premises will be in good order and repair, and will comply with all legal requirements for occupancy as of the 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 good condition and Repairrepair. Good Condition condition and Repair ("Good Condition and Repair") repair shall not mean original condition, but shall mean that the Premises are in a commercially acceptable condition suitable for continuing occupancy by a reasonable lessee, Hazardous Materials not caused by Lessee or Lessee's Agents, casualty damage and condemnation excepted. The interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and any carpeting are to shall be cleaned and in Good Condition good condition and Repairrepair, 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 alterations, additions, and improvements which may have been made in, to, or on the Premises by Lessee (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 such Lessee's Alterations at Lessee's sole cost and expense and Lessee 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 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. Lessee has occupied the Premises for over five (5) years 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 ("Good Condition and Repair") " shall not mean original condition, but 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 acceptable condition suitable for occupancy by 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 lesseeowner-user would make. The 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 office offices and warehouse other interior areas, (ii) all suspended ceilings and any carpeting are to shall be cleaned clean and in Good Condition good condition, (iii) all glazing, windows, doors and Repairdoor closures, plate glass, and (iv) all electrical systems including light fixtures and ballasts, plumbing, 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 representation that the Premises are in good order and repair, and comply with all requirements for occupancy as of the 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 not mean original condition, but 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 acceptable condition suitable for occupancy by 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 lesseeowner-user would make. The 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 office offices and warehouse other interior areas, (ii) all suspended ceilings and any carpeting are to shall be cleaned clean and in Good Condition good condition, (iii) all glazing, windows, doors and Repairdoor 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.