Common use of Property of Landlord Clause in Contracts

Property of Landlord. All alterations, installations, changes, replacements, attached equipment, laboratory casework, built-in cabinet work sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods, additions to, or improvements in, including wall-to-wall carpet, upon the Premises (whether with or without the prior written consent of Landlord) shall, at the election of the Landlord (which election Landlord shall deliver in writing to Tenant at least 120 days prior to the expiration of the Term; and, if Landlord does not timely deliver such election to Tenant, Landlord will be deemed to have elected to waive its rights to designate property to be retained under this Section 7.B), remain upon the Premises, become property of the Landlord, and be surrendered with the Premises at the expiration or termination of this Lease or upon expiration of any renewal period hereof without disturbance, molestation or injury; provided, however, that if Tenant is not then in default in the performance of any of its obligations under this Lease, Tenant shall have the right (but not the obligation) to remove, during the 90-day period prior to the Lease Expiration Date, any of the foregoing items which Landlord does not wish to retain (or which Landlord is deemed to have waived its right to retain), together with all of Tenant's movable furniture, movable furnishings, or movable equipment, or trade fixtures purchased by Tenant at its sole cost and expense and within the Premises, at the expense of Tenant. If Tenant elects to so remove any such items from the Premises, Tenant agrees to repair all material damage to the Premises and the fixtures, appurtenances and equipment of the Landlord therein, and to the Complex caused by the Tenant's removal of its furniture, fixtures, equipment, machinery and the like and the removal of any improvements or alterations. Should the Tenant fail to repair all the above referred to damage, then, and in such event, the Landlord may repair the said damage at the Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for such expense within 10 business days follow receipt of demand therefor. Notwithstanding anything contained in this Lease to the contrary, Tenant shall have the exclusive use of the furniture, fixtures and equipment (“FF&E”) as more particularly described in the Donation Agreement; the FF&E shall not be removed or used in another location (but may be removed by Tenant from the Premises in the same manner as other property which Tenant is entitled to remove under this Section 7.B during the final 90 days of the Term).

Property of Landlord. All alterations, installations, changes, replacements, attached equipment, laboratory casework, built-physical additions and improvements in cabinet work sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods, additions to, or improvements in, including wall-to-wall carpet, upon to the Leased Premises (whether with or without the prior written consent of Landlordincluding fixtures) shall, at when made, become the election property of the Landlord (which election provided that alterations or improvements paid for by Tenant and not from allowances provided by Landlord shall deliver in writing to be owned for federal income tax purposes by Tenant at least 120 days prior to during the Term and, upon the expiration of the Term, shall become the property of Landlord) and shall be surrendered to Landlord upon termination of this Lease, whether by lapse of time or otherwise; andprovided, if Landlord does not timely deliver such election to Tenanthowever, Landlord will be deemed to have elected to waive its rights to designate property Tenant may remove or cause to be retained under this Section 7.B), remain upon removed from the Premises, become property of the Landlord, and be surrendered with the Leased Premises at not later than ten (10) days following the expiration or termination of this Lease trade fixtures, movable equipment and furniture owned or upon expiration of any renewal period hereof without disturbanceleased by Tenant and Tenant's built in desks, molestation or injury; providedcabinets, however, that if Tenant is not then in default in the performance of any of its obligations under this Lease, shelves and filing systems. Tenant shall have the right (but not the obligation) to remove, during the 90-day period prior to the Lease Expiration Date, any of the foregoing items which Landlord does not wish to retain (or which Landlord is deemed to have waived its right to retain), together with all of Tenant's movable furniture, movable furnishings, or movable equipment, or trade fixtures purchased by Tenant at its sole cost and expense and within the Premises, at the expense of Tenant. If Tenant elects to so remove any such items from the Premises, Tenant agrees to repair all material damage to the Leased Premises and the fixtures, appurtenances and equipment of the Landlord therein, and to the Complex caused by the Project resulting from Tenant's removal of its furnitureproperty (excluding, fixtures, equipment, machinery and the like and the removal of any improvements or alterations. Should the Tenant fail to repair all the above referred to damage, thenhowever, and in such event, the Landlord may repair the said damage at the Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for such expense within 10 business days follow receipt of demand therefor. Notwithstanding anything contained in this Lease to the contrary, Tenant shall have the exclusive use of the furniture, fixtures and equipment (“FF&E”) as more particularly described in the Donation Agreement; the FF&E shall not be removed or used required to (i) repair leasehold improvements that Landlord intends to demolish in another location connection with the build out of the Leased Premises for a new tenant, (but may ii) repair damage to the Leased Premises occasioned by the installation and removal of Tenant's built in desks, cabinets, shelves and filing systems provided that the damage is of the type that would reasonably be removed by Tenant expected to result from detaching such built in components from the Leased Premises or (iii) remove the steel rods supporting the aforementioned built-in components). Any property of Tenant not removed from the same manner as other Leased Premises not later than ten (10) days following termination or expiration of this Lease shall, at Landlord's option, be deemed the property which Tenant is entitled to remove under this Section 7.B during the final 90 days of the Term)Landlord.

Property of Landlord. All alterations, installations, changes, replacements, attached equipment, laboratory casework, built-in cabinet work sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods, additions to, or improvements in, including wall-to-wall carpet, upon the Premises (whether with or without the prior written consent of Landlord) shall, at the election of the Landlord (which election Landlord shall deliver in writing to Tenant at least 120 days prior to the expiration of the Term; and, if Landlord does not timely deliver such election to Tenant, Landlord will be deemed to have elected to waive its rights to designate property to be retained under this Section 7.B), remain upon the Premises, become property of the Landlord, and be surrendered with the Premises at the expiration or termination of this Lease or upon expiration of any renewal period hereof without disturbance, molestation or injury; provided, however, that if Tenant is not then in default in the performance of any of its obligations under this Lease, Tenant shall have the right (but not the obligation) to remove, during the 90-day period prior to the Lease Expiration Date, any of the foregoing items which Landlord does not wish to retain (or which Landlord is deemed to have waived its right to retain), together with all of Tenant's movable furniture, movable furnishings, or movable equipment, or trade fixtures purchased by Tenant at its sole cost and expense and within the Premises, at the expense of Tenant. If Tenant elects to so remove any such items from the Premises, Tenant Txxxxx agrees to repair all material damage to the Premises and the fixtures, appurtenances and equipment of the Landlord therein, and to the Complex Property caused by the Tenant's removal of its furniture, fixtures, equipment, machinery and the like and the removal of any improvements or alterations. Should the Tenant fail to repair all the above referred to damage, then, and in such event, the Landlord may repair the said damage at the Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for such expense within 10 business days follow receipt of demand therefor. Notwithstanding anything contained in this Lease to the contrary, Tenant shall have the exclusive use of the furniture, fixtures and equipment (“FF&E”) as more particularly described in located on the Donation AgreementPremises; the FF&E shall not be removed or used in another location (but may be removed by Tenant from the Premises in the same manner as other property which Tenant is entitled to remove under this Section 7.B during the final 90 days of the Term).

Property of Landlord. All alterations, installations, changes, replacements, attached equipment, laboratory casework, built-physical additions and improvements in cabinet work sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods, additions to, or improvements in, including wall-to-wall carpet, upon to the Leased Premises (whether with or without the prior written consent of Landlordincluding fixtures) shall, at when made, become the election property of the Landlord (which election provided that alterations or improvements paid for by Tenant and not from allowances provided by Landlord shall deliver in writing to be owned for federal income tax purposes by Tenant at least 120 days prior to during the Term and, upon the expiration of the Term, shall become the property of Landlord) and shall be surrendered to Landlord upon termination of this Lease, whether by lapse of time or otherwise; andprovided, if Landlord does not timely deliver such election to Tenanthowever, Landlord will be deemed to have elected to waive its rights to designate property Tenant may remove or cause to be retained under this Section 7.B), remain upon removed from the Premises, become property of the Landlord, and be surrendered with the Leased Premises at not later than ten (10) days following the expiration or termination of this Lease trade fixtures, movable equipment and furniture owned or upon expiration of any renewal period hereof without disturbanceleased by Tenant and Tenant's built-in desks, molestation or injury; providedcabinets, however, that if Tenant is not then in default in the performance of any of its obligations under this Lease, shelves and filing systems. Tenant shall have the right (but not the obligation) to remove, during the 90-day period prior to the Lease Expiration Date, any of the foregoing items which Landlord does not wish to retain (or which Landlord is deemed to have waived its right to retain), together with all of Tenant's movable furniture, movable furnishings, or movable equipment, or trade fixtures purchased by Tenant at its sole cost and expense and within the Premises, at the expense of Tenant. If Tenant elects to so remove any such items from the Premises, Tenant agrees to repair all material damage to the Leased Premises and the fixtures, appurtenances and equipment of the Landlord therein, and to the Complex caused by the Project resulting from Tenant's removal of its furnitureproperty (excluding, fixtures, equipment, machinery and the like and the removal of any improvements or alterations. Should the Tenant fail to repair all the above referred to damage, thenhowever, and in such event, the Landlord may repair the said damage at the Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for such expense within 10 business days follow receipt of demand therefor. Notwithstanding anything contained in this Lease to the contrary, Tenant shall have the exclusive use of the furniture, fixtures and equipment (“FF&E”) as more particularly described in the Donation Agreement; the FF&E shall not be removed or used required to (i) repair leasehold improvements that Landlord intends to demolish in another location connection with the build out of the Leased Premises for a new tenant, (but may ii) repair damage to the Leased Premises occasioned by the installation and removal of Tenant's built-in desks, cabinets, shelves and filing systems provided that the damage is of the type that would reasonably be removed by Tenant expected to result from detaching such built-in components from the Leased Premises or (iii) remove the steel rods supporting the aforementioned built-in components). Any property of Tenant not removed from the same manner as other Leased Premises not later than ten (10) days following termination or expiration of this Lease shall, at Landlord's option, be deemed the property which Tenant is entitled to remove under this Section 7.B during the final 90 days of the Term)Landlord.

Property of Landlord. All alterationsChanges and all Building Service Equipment (as hereinafter defined) made or installed by or on behalf of Tenant shall, installationsupon completion or installation, changesbecome the property of Landlord depending on the type of improvement. “Building Service Equipment” shall mean all equipment needed to operate the Premises in an efficient and comfortable manner, replacementsincluding, attached but not limited to, electrical, plumbing, heating, air conditioning, security and sprinkler and fire protection equipment, laboratory caseworkpipes, built-in cabinet work sinks separate water meters, wires, ducts, and fixtures installed for Tenant, and sprinkler monitoring equipment. All machinery, equipment (other than Building Service Equipment), trade fixtures, movable partitions, furniture, and furnishings (except any and all floor or wall coverings installed by Tenant) shall remain the property of Tenant, and Tenant shall, unless it has committed an Event of Default, be entitled to remove these items immediately at the expiration of the Term. Without limiting any similar provision herein, it is expressly understood that Tenant shall remove from the Premises all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls) installed by or on behalf of Tenant. In the event that Tenant fails to remove any machinery, equipment or other property of Tenant, which Tenant is entitled to remove at the expiration of this Office Lease Page 18 Lease including, without limitation, all telephone, computer and related plumbing cabling from the telephone terminal room on the floor on which the Premises are located to and throughout the Premises, such items shall be deemed abandoned by Tenant and Landlord shall be entitled to remove these items immediately upon the expiration or earlier termination of this Lease and store or dispose of these items, at Landlord’s option and at Tenant’s sole cost and expense. Tenant shall, at Tenant’s expense, repair any and all damage to the Premises resulting from or caused by the installation, use or removal of machinery, equipment or other property, and the removal of all telephone, computer and related cabling throughout the Premises, ordinary wear and tear excepted, at or before the end of the Term, or sooner if requested by Landlord. In the event Tenant fails to repair any damage to the Premises caused by the activities that Tenant is permitted or obligated to undertake under this Section, before the expiration or earlier termination of this Lease, then Landlord shall be entitled to perform or cause to be performed such repairs at Tenant’s sole cost and expense. Upon and during the continuance of an Event of Default and to the extent permitted by law, all machinery, equipment, trade fixtures, laboratory benchesmovable partitions, exterior venting fume hoodsfurniture, additions to, and furnishings installed by Tenant and not subject to the lien of any prior secured party (other than items containing biologically active or improvements in, including wall-to-wall carpet, upon the Premises (whether with other hazardous substances or materials) shall not be removed by Tenant or any other person without the prior written consent of Landlord) shall, at the election of the Landlord (which election Landlord shall deliver in writing to Tenant at least 120 days prior to the expiration of the Term; and, if Landlord does not timely deliver such election to Tenant, Landlord will be deemed to have elected to waive its rights to designate property to be retained under this Section 7.B), remain upon the Premises, become property of the Landlord, and be surrendered with the Premises at the expiration or termination of this Lease or upon expiration of any renewal period hereof without disturbance, molestation or injury; provided, however, that if Tenant is not then in default in the performance of any of its obligations under this Lease, Tenant shall have the right (but not the obligation) to remove, during the 90-day period prior to the Lease Expiration Date, any of the foregoing items which Landlord does not wish to retain (or which Landlord is deemed to have waived its right to retain), together with all of Tenant's movable furniture, movable furnishings, or movable equipment, or trade fixtures purchased by Tenant at its sole cost and expense and within the Premises, at the expense of Tenant. If Tenant elects to so remove any such items from the Premises, Tenant agrees to repair all material damage to the Premises and the fixtures, appurtenances and equipment of the Landlord therein, and to the Complex caused by the Tenant's removal of its furniture, fixtures, equipment, machinery and the like and the removal of any improvements or alterations. Should the Tenant fail to repair all the above referred to damage, then, and in such event, the Landlord may repair the said damage at the Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for such expense within 10 business days follow receipt of demand therefor. Notwithstanding anything contained in this Lease to the contrary, Tenant shall have the exclusive use of the furniture, fixtures and equipment (“FF&E”) as more particularly described in the Donation Agreement; the FF&E shall not be removed or used in another location (but may be removed by Tenant from the Premises in the same manner as other property which Tenant is entitled to remove under this Section 7.B during the final 90 days of the Term).

Property of Landlord. All alterations, installations, changes, replacements, attached equipment, laboratory casework, built-(a) Tenant shall have use of the bridge cranes and Tenant shall accept such bridge cranes and cable lifts in cabinet work sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods, additions to, or improvements in, including wall-to-wall carpet, upon their “as is” condition. Landlord shall have no obligation to make repairs to the bridge cranes either at delivery of the Premises (whether with or without during the prior written consent lease term. All maintenance and repair of Landlord) shall, the bridge cranes shall be Tenant’s responsibility and such bridge cranes shall be returned to Landlord at the election end of the Landlord (which election Landlord shall deliver lease term in writing to Tenant as good condition as at least 120 days prior to the expiration beginning of the Term; andlease term, if Landlord does not timely deliver such election to Tenant, Landlord will be deemed to have elected to waive its rights to designate property to be retained under this Section 7.B), remain upon the Premises, become property of the Landlord, ordinary wear and be surrendered with the Premises at the expiration or termination of this Lease or upon expiration of any renewal period hereof without disturbance, molestation or injury; provided, however, that if Tenant is not then in default in the performance of any of its obligations under this Lease, tear excepted. Tenant shall have the right (but not option of upgrading the obligation) to remove, bridge cranes during the 90-day period prior to the Lease Expiration Date, any term of the foregoing items which Landlord does not wish to retain (or which Landlord is deemed to have waived its right to retain), together with all of Tenant's movable furniture, movable furnishings, or movable equipment, or trade fixtures purchased by Tenant at its sole cost and expense and within the Premises, at the expense of Tenantthis Lease. If Tenant elects to so remove any such items from the Premises, Tenant agrees to repair all material damage makes capital improvements to the Premises and bridge cranes of at least Thirty-Eight Thousand Dollars ($38,000.00), Landlord will contribute Ten Thousand Dollars ($10,000.00) to the fixtures, appurtenances and equipment cost of the Landlord therein, and upgrades upon the presentation of paid invoices to the Complex caused by the Tenant's removal of its furniture, fixtures, equipment, machinery and the like and the removal of any improvements or alterations. Should the Tenant fail to repair all the above referred to damage, then, and in such event, the Landlord may repair the said damage at the Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for such expense within 10 business days follow receipt of demand therefor. Notwithstanding anything contained in this Lease to the contrary, Landlord. (b) Tenant shall have the exclusive use of the furniture, fixtures air compressor with related equipment and Tenant shall accept such air compressor in “as is” condition. Landlord shall have no obligation to make repairs to the air compressor and equipment (“FF&E”) as more particularly described in the Donation Agreement; the FF&E shall not be removed or used in another location (but may be removed by Tenant from either at delivery of the Premises in the same manner as other property which Tenant is entitled to remove under this Section 7.B or during the final 90 days Lease Term. All maintenance and repair of the air compressor and equipment shall be Tenant’s responsibility and such air compressor and equipment shall be returned to Landlord at the end of the Lease Term in as good condition as at the beginning of the Lease Term), ordinary wear and tear excepted.

Property of Landlord. All alterationsof the improvements made to the Premises as a result of Landlord's Work and Tenant's Work, installationsexcept trade fixtures installed by Tenant, changesshall be and become the sole property of Landlord upon completion thereof and shall be deemed a part of the Premises as of the Commencement Date. LANDLORD UNIVERSITY SCIENCE CENTER, replacementsINC. By: /s/ -------------------------------- Name: Cabot L. Jaffee, attached equipmentSr. Title: Prxxxxxxx TENANT TALK.COM HOLDING CORP Bx: /x/ -------------------------------- Name: Aloysius T. Lawn Title: Xxxxxxxxx Xice President, laboratory caseworkGeneral Counsel RIDER CORPORATE GUARANTY OF LEASE In consideration of the agreement of UNIVERSITY SCIENCE CENTER, built-INC., (THE "LANDLORD") to enter into that certain Office Lease Agreement (the "Lease Agreement") dated April 10, 2000 with TALK.COM HOLDING CORP. (THE "TENANT"), the undersigned corporation, XXXX.XOM INC., (THE "GUARANTOR") hereby jointly and severally guarxxxxxx xo Landlord the full and timely payment of all installments of rent and other sums due Landlord, its successors and assigns, under the Lease Agreement and the full and timely performance of all the terms, conditions, provisions and covenants to be performed by Tenant under the Lease Agreement. This Guaranty is absolute and unconditional. Guarantor agrees that Landlord shall not be first required to seek or obtain a judgment against Tenant, or institute any proceedings or take any other action with respect to Tenant before Landlord can enforce its rights under this Guaranty. Upon any default by Tenant under the Lease Agreement, Guarantor agrees to pay any amount due Landlord from Tenant for rent or other sums due throughout the term of the Lease Agreement, and any extension thereof, and to reimburse Landlord for any costs, expenses and damages incurred by Landlord because of a breach of any term, condition, provision or covenant of the Lease Agreement by Tenant. Guarantor waives all rights to notice in cabinet work sinks and related plumbing fixturesconnection with this Guaranty, laboratory benchesincluding, exterior venting fume hoods, additions but not limited to, or improvements in, including wall-to-wall carpet, upon notice of acceptance of this Guaranty by Landlord. At the Premises (whether with or without the prior written consent of Landlord) shall, at the election of the Landlord (which election Landlord shall deliver in writing to Tenant at least 120 days prior to the expiration of the Term; and, if Landlord does not timely deliver such election to Tenant, Landlord will be deemed to have elected to waive its rights to designate property to be retained under this Section 7.B), remain upon the Premises, become property option of the Landlord, and this Guaranty may be surrendered with the Premises at the expiration treated as a guaranty or termination of this Lease or upon expiration of any renewal period hereof without disturbancea suretyship. In either event, molestation or injury; provided, however, that if Tenant is not then in default in the performance of any of its obligations under this Lease, Tenant Landlord shall have the right (but not to proceed hereunder against the obligation) to remove, during Guarantor without first proceeding against the 90-day period prior Tenant or any other person liable under the Lease Agreement or this Guaranty. This Guaranty shall bind and inure to the Lease Expiration Date, any benefit of the foregoing items which respective successors and assigns of Landlord does not wish and Guarantor. In the event it becomes necessary for Landlord to retain (or which enforce this Guaranty by legal action, Guarantor hereby agrees that Landlord is deemed shall be entitled to have waived its right to retain), together with recover any and all of Tenant's movable furniture, movable furnishings, or movable equipment, or trade fixtures purchased by Tenant at its sole cost and expense and within the Premises, at the expense of Tenant. If Tenant elects to so remove any such items from the Premises, Tenant agrees to repair all material damage to the Premises and the fixtures, appurtenances and equipment of the Landlord therein, and to the Complex caused by the Tenant's removal of its furniture, fixtures, equipment, machinery and the like and the removal of any improvements or alterations. Should the Tenant fail to repair all the above referred to damage, then, and in such event, the expenses Landlord may repair the said damage incur in connection with such action, including reasonable attorneys' fees and costs at the Tenant's expense both trial and the Tenant hereby agrees to reimburse the Landlord for such expense within 10 business days follow receipt of demand therefor. Notwithstanding anything contained in this Lease to the contrary, Tenant shall have the exclusive use of the furniture, fixtures and equipment (“FF&E”) as more particularly described in the Donation Agreement; the FF&E shall not be removed or used in another location (but may be removed by Tenant from the Premises in the same manner as other property which Tenant is entitled to remove under this Section 7.B during the final 90 days of the Term)appellate levels.

Property of Landlord. All alterationsChanges and all Building Service Equipment (as hereinafter defined) made or installed by or on behalf of Tenant shall, installationsupon completion or installation, changesbecome the property of Landlord depending on the type of improvement. “Building Service Equipment” shall mean all equipment needed to operate the Premises in an efficient and comfortable manner, replacementsincluding, attached but not limited to, electrical, plumbing, heating, air conditioning, security and sprinkler and fire protection equipment, laboratory caseworkpipes, built-in cabinet work sinks separate water meters, wires, ducts, and fixtures installed for Tenant, and sprinkler monitoring equipment. All machinery, equipment (other than Building Service Equipment), trade fixtures, movable partitions, furniture, and furnishings (except any and all floor or wall coverings installed by Tenant) shall remain the property of Tenant, and Tenant shall, unless it has committed an Event of Default, be entitled to remove these items immediately at the expiration of the Term. Without limiting any similar provision herein, it is expressly understood that Tenant shall remove from the Premises all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls) installed by or on behalf of Tenant. In the event that Tenant fails to remove any machinery, equipment or other property of Tenant, which Tenant is entitled to remove at the expiration of this Lease including, without limitation, all telephone, computer and related plumbing cabling from the telephone terminal room on the floor on which the Premises are located to and throughout the Premises, such items shall be deemed abandoned by Tenant and Landlord shall be entitled to remove these items immediately upon the expiration or earlier termination of this Lease and store or dispose of these items, at Landlord’s option and at Tenant’s sole cost and expense. Tenant shall, at Tenant’s expense, repair any and all damage to the Premises resulting from or caused by the installation, use or removal of machinery, equipment or other property, and the removal of all telephone, computer and related cabling throughout the Premises, ordinary wear and tear excepted, at or before the end of the Term, or sooner if requested by Landlord. In the event Tenant fails to repair any damage to the Premises caused by the activities that Tenant is permitted or obligated to undertake under this Section, before the expiration or earlier termination of this Lease, then Landlord shall be entitled to perform or cause to be performed such repairs at Tenant’s sole cost and expense. Upon and during the continuance of an Event of Default and to the extent permitted by law, all machinery, equipment, trade fixtures, laboratory benchesmovable partitions, exterior venting fume hoodsfurniture, additions to, and furnishings installed by Tenant and not subject to the lien of any prior secured party (other than items containing biologically active or improvements in, including wall-to-wall carpet, upon the Premises (whether with other hazardous substances or materials) shall not be removed by Tenant or any other person without the prior written consent of Landlord) shall, at the election of the Landlord (which election Landlord shall deliver in writing to Tenant at least 120 days prior to the expiration of the Term; and, if Landlord does not timely deliver such election to Tenant, Landlord will be deemed to have elected to waive its rights to designate property to be retained under this Section 7.B), remain upon the Premises, become property of the Landlord, and be surrendered with the Premises at the expiration or termination of this Lease or upon expiration of any renewal period hereof without disturbance, molestation or injury; provided, however, that if Tenant is not then in default in the performance of any of its obligations under this Lease, Tenant shall have the right (but not the obligation) to remove, during the 90-day period prior to the Lease Expiration Date, any of the foregoing items which Landlord does not wish to retain (or which Landlord is deemed to have waived its right to retain), together with all of Tenant's movable furniture, movable furnishings, or movable equipment, or trade fixtures purchased by Tenant at its sole cost and expense and within the Premises, at the expense of Tenant. If Tenant elects to so remove any such items from the Premises, Tenant agrees to repair all material damage to the Premises and the fixtures, appurtenances and equipment of the Landlord therein, and to the Complex caused by the Tenant's removal of its furniture, fixtures, equipment, machinery and the like and the removal of any improvements or alterations. Should the Tenant fail to repair all the above referred to damage, then, and in such event, the Landlord may repair the said damage at the Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for such expense within 10 business days follow receipt of demand therefor. Notwithstanding anything contained in this Lease to the contrary, Tenant shall have the exclusive use of the furniture, fixtures and equipment (“FF&E”) as more particularly described in the Donation Agreement; the FF&E shall not be removed or used in another location (but may be removed by Tenant from the Premises in the same manner as other property which Tenant is entitled to remove under this Section 7.B during the final 90 days of the Term).