Common use of Return of Property to Lessor Clause in Contracts

Return of Property to Lessor. Lessee shall, upon the expiration or termination of this Lease, and at its own expense, return the Property to Lessor by surrendering the same into the possession of Lessor: (a) free and clear of all Liens (whether by payment or bonding), except that Lessee shall have no responsibility or liability in respect of (i) Lessor Liens, (ii) any Lien created by the Mortgage and related debt documents, and (iii) Liens for taxes not yet due and payable; and (b) in compliance in all material respects with all Applicable Laws and in compliance with the maintenance conditions required by this Lease. All Alterations and Lessee’s Equipment and Personalty not removed by Lessee by the last day of the Lease Term (but in the event of a termination other than upon the expiration of the Base Term or any Renewal Term, within thirty (30) days after said termination of this Lease), other than those Alterations as to which title shall vest in Lessor pursuant to Section 8.4, shall be deemed abandoned in place by Lessee and shall become the property of Lessor. Lessee shall pay or reimburse Lessor for any reasonable, actual, out-of-pocket costs incurred by Lessor in connection with the removal or disposal of such relinquished property, which obligation shall survive the expiration or termination of this Lease. In no event shall Lessee be required to remove or pay for the removal of any built in, permanent fixtures or improvements existing on, or within, the Property as of the date of this Lease or for any raised computer floors built during the Term or for any other Alterations made in compliance with the terms of this Agreement, or for any cabling or wiring (or similar property) now or hereafter located on or in the Property. Upon the return of the Property, Lessee shall deliver therewith: (i) all transferable licenses and permits pertaining to the Property by general assignment, without warranty or recourse; (ii) as built-drawings including plans for HVAC, mechanical and electrical systems, to the extent in Lessee’s possession and not previously delivered to Lessor, without warranty or recourse; (iii) keys to the Property; and (iv) assignment of all maintenance contracts (to the extent required by Lessor) and existing warranties applicable to the Property by general assignment, without warranty or recourse to the extent assignable. Lessee agrees to reasonably cooperate with Lessor and its representatives to effectuate a smooth transition of the operation and maintenance of the Property. Notwithstanding anything expressly to the contrary hereunder, providing Lessee surrenders the Property and all Alterations and Equipment upon the expiration or termination of this Lease in compliance with all Applicable Laws, the failure to remove any of Lessee’s Alterations or Equipment in accordance with the provisions hereof shall not result in Lessee being deemed a holdover tenant hereunder.

Return of Property to Lessor. Lessee shall, upon the expiration or termination of this Lease, and at its own expense, return the Property to Lessor by surrendering the same into the possession of Lessor: (a) free and clear of all Liens (whether by payment or bonding), except that Lessee shall have no responsibility or liability in respect of (i) Lessor Liens, (ii) any Lien created by the Mortgage and related debt documentsDebt Documents, and (iii) Liens for taxes not yet due and payablepayable and described in clauses (e) and (f) of the definition of “Permitted Liens”; and (b) in compliance in all material respects with all Applicable Laws and in compliance with the maintenance conditions required by this Lease. All Alterations and Lessee’s Equipment and Personalty not removed by Lessee by the last day of the Lease Term (but in the event of a termination other than upon the expiration of the Base Term or any Renewal Term, within thirty forty five (3045) days after said termination of this Lease), other than those Alterations as to which title shall vest in Lessor pursuant to Section 8.4, shall be deemed abandoned in place by Lessee and shall become the property of Lessor. Lessee shall pay or reimburse Lessor for any reasonable, actual, out-of-pocket costs incurred by Lessor (i) in connection with the removal or disposal of such relinquished property, or (ii) to bring any Property into material compliance with all Applicable Laws and the maintenance conditions required by this Lease, which obligation obligations shall survive the expiration or termination of this Lease. In no event shall Lessee be required to remove or pay for the removal of any built in, permanent fixtures or improvements existing on, or within, the Property as of the date of this Lease or for any raised computer floors built during the Term or for any other Alterations made in compliance with the terms of this Agreement, or for any cabling or wiring (or similar property) now or hereafter located on or in the Property. Upon the return of the Property, Lessee shall deliver therewith: (i) all transferable licenses and permits pertaining to the Property by general assignment, without warranty or recourse; (ii) as built-drawings including plans for HVAC, mechanical and electrical systems, to the extent in Lessee’s possession and not previously delivered to Lessor, without warranty or recourseavailable; (iii) keys to the Property; and (iv) assignment of all then existing maintenance contracts (to the extent required by Lessor) and existing warranties applicable to the Property by general assignment, without warranty or recourse to the extent assignablerecourse. Lessee agrees to reasonably cooperate with Lessor and its representatives to effectuate a smooth transition of the operation and maintenance of the Property, and its releasing and refinancing, during the last 13 months of the Lease Term. Notwithstanding anything expressly to the contrary hereunderSuch cooperation shall include, providing Lessee surrenders the Property without limitation, transfers of all keys, existing contracts, names and all Alterations warranties with, of and Equipment upon the expiration or termination of this Lease in compliance with all Applicable Lawsfrom service providers, the failure to remove any of Lessee’s Alterations or Equipment in accordance with the provisions hereof shall not result in Lessee being deemed a holdover tenant hereunderand expected operation and maintenance requirements.

Return of Property to Lessor. (a) Lessee shall, upon the expiration or termination of this Lease, and at its own expense, return the Property to Lessor by surrendering the same into the possession of Lessor: Lessor (ai) free and clear of all Liens (whether by payment or bonding), except that Lessee shall have no responsibility or liability in respect of other than (iA) Lessor Liens, (iiB) any Lien created by the Mortgage and related debt documents, and (iiiC) Liens for taxes not yet due and payable; and payable subject to Lessee’s obligations under Sections 8.6(b) and 8.7, (bD) Liens and Impositions being contested in compliance in all material respects accordance with all Applicable Laws the provisions of Section 7.1 or 8.6(c) , as the case may be, and (E) other Permitted Liens (other than this Lease and any assignment of this Lease), and (ii) in compliance with the maintenance conditions required by this Lease. . (b) All Alterations and Lessee’s Equipment and Personalty not removed by Lessee by the last day of the Lease Term (but in the event of a termination other than upon the expiration of the Base Term or any Renewal Term, within thirty (30) days after said termination of this Lease), other than those Alterations as to which title shall vest in Lessor pursuant to Section 8.4, shall be deemed abandoned in place by Lessee and shall become the property of Lessor. Lessee shall pay or reimburse Lessor for any reasonable, actual, out-of-pocket costs incurred by Lessor in connection with the removal or disposal of such relinquished propertyof Lessee’s Equipment and Personalty so relinquished, which obligation shall survive the expiration or termination of this Lease. In no event shall Lessee be required to remove or pay for the removal of any built in, permanent fixtures or improvements existing on, or within, the Property as of the date of this Lease or for Lease, any raised computer floors built during the Term or for Lease Term, any other Alterations made in compliance with the terms of this Agreement, Lease or for any cabling or wiring (or similar property) now or hereafter located on or in the Property. . (c) Upon the return of the PropertyProperty to Lessor, Lessee shall also deliver therewith: (i) all transferable licenses and permits pertaining to the Property by general assignment, without warranty or recourse; ; (ii) as built-drawings drawings, including plans for HVAC, mechanical and electrical systems, to the extent in Lessee’s possession and not previously delivered to Lessor; (iii) available keys to the Property; (iv) a general assignment of all subleases existing on the date hereof or entered into in accordance with the terms of this Lease; and (v) to the extent assignable, a general assignment, without warranty or recourse; (iii) keys to the Property; and (iv) assignment , of all maintenance contracts (to the extent required by Lessor) and existing warranties applicable to the Property Property, specifically including without limitation all roof warranties acknowledged by general assignment, without warranty or recourse to the extent assignable. Lessee provider thereof. (d) Xxxxxx agrees to reasonably cooperate with Lessor Xxxxxx and its representatives to effectuate a smooth transition of the operation and maintenance of the Property. Notwithstanding anything expressly in this Lease to the contrary hereunder, providing Lessee and provided that Xxxxxx surrenders the Property and all Alterations and Equipment upon the expiration or termination of this Lease in compliance with all Applicable LawsLaws and the terms of this Lease, the failure to remove any of Lessee’s Alterations or Lessee’s Equipment and Personalty in accordance with the provisions hereof shall not result in Lessee being deemed a holdover tenant hereunder.

Return of Property to Lessor. Lessee shall, upon the expiration or termination of this Lease, and at its own expense, return the Property to Lessor by surrendering the same into the possession of Lessor: (a) free and clear of all Liens (whether by payment or bonding), except that Lessee shall have no responsibility or liability in respect of (i) Lessor Liens, and (ii) any Lien created by the Mortgage and related debt documents, and (iii) Liens for taxes Taxes not yet due and payablepayable and described in clauses (e) and (f) of the definition of "Permitted Liens"; and (b) in compliance in all material respects with all Applicable Laws and in compliance with the maintenance conditions required by this Lease. All Alterations and Lessee’s 's Equipment and Personalty not removed by Lessee by the last day of the Lease Term (but in the event of a termination (i) other than upon the expiration of the Base Term or any Renewal TermTerm or (ii) due to a Lease Event of Default, within thirty (30) days after said termination of this Lease), other than those Alterations as to which title shall vest in Lessor pursuant to Section 8.4, shall be deemed abandoned in place by Lessee and shall become the property of Lessor. Lessee shall pay or reimburse Lessor for any reasonable, actual, out-of-out of pocket costs incurred by Lessor (i) in connection with the removal or disposal of such relinquished propertyproperty (less the actual salvage value thereof), and except that Lessee shall not be obligated for any costs incurred in removing "raised" floors to the extent existing on the Closing Date, and any alterations, improvements or systems below the floors (unless such floors are "raised floors" installed after the Closing Date, in which case they shall be removed by Lessee), above the ceiling, and within the structural walls, of the Improvements, or (ii) to bring any Property into material compliance with all Applicable Laws, which obligation obligations shall survive the expiration or termination of this Lease. In no event shall Lessee be required to remove or pay for the removal of any built in, permanent fixtures or improvements existing on, or within, the Property as of the date of this Lease or for any raised computer floors built during the Term or for any other Alterations made in compliance with the terms of this Agreement, or for any cabling or wiring (or similar property) now or hereafter located on or in the Property. Upon the return of the Property, Lessee shall deliver therewith: (i) all transferable licenses and permits pertaining to the Property by general assignment, without warranty or recourse; (ii) as built-built drawings including plans for HVAC, mechanical and electrical systems, to the extent in Lessee’s possession and not previously delivered to Lessor, without warranty or recourseavailable; (iii) keys to the Property; and (iv) assignment of all maintenance contracts (to the extent required by Lessor) and existing warranties applicable to the Property by general assignment, without warranty or recourse recourse. Failure to deliver the extent assignableProperty to Lessor in the condition required herein shall not, without more, constitute Lessee a holdover tenant for purposes of Section 25.23 below. Lessee agrees to reasonably cooperate with Lessor and its representatives to effectuate a smooth transition of the operation and maintenance of the Property, and its releasing and refinancing, during the last twelve (12) months of the Lease Term. Notwithstanding anything expressly to the contrary hereunderSuch cooperation shall include, providing Lessee surrenders the Property without limitation, transfers of all keys, existing contracts, names and all Alterations warranties with, of and Equipment upon the expiration or termination of this Lease in compliance with all Applicable Lawsfrom service providers, the failure to remove any of Lessee’s Alterations or Equipment in accordance with the provisions hereof shall not result in Lessee being deemed a holdover tenant hereunderand expected operation and maintenance requirements.

Return of Property to Lessor. (a) Lessee shall, upon the expiration or termination of this Lease, and at its own expense, return the Property to Lessor by surrendering the same into the possession of Lessor: Lessor (ai) free and clear of all Liens caused by Lessee (whether by payment or bonding), except that Lessee shall have no responsibility or liability in respect of other than (iA) Lessor Liens, (iiB) any Lien created by the Mortgage and related debt documents, and (iiiC) Liens for taxes not yet due and payable; andpayable subject to Lessee’s obligations under Sections 8.6(b) and 8.7, (D) Liens and Impositions being contested in accordance with the provisions of Section 7.1 or 8.6(c), as the case may be, and (E) other Permitted Liens (other than this Lease and any assignment of this Lease), and (ii) in compliance with the terms of this Lease. Lessee hereby waives notice to vacate the Property and agrees that Lessor shall be entitled to the benefit of all provisions of the law respecting the summary recovery of possession of the Property from Lessee holding over to the same extent as if statutory notice had been given. (b) in compliance in all material respects with all Applicable Laws and in compliance with the maintenance conditions required by this Lease. All Alterations and Lessee’s Equipment and Personalty not removed by Lessee by the last day of the Lease Term (but in the event of a termination other than upon the expiration of the Base Term or any Renewal Term, within thirty (30) days after said termination of this Lease), other than those Alterations as to which title shall vest in Lessor pursuant to Section 8.4, shall be deemed abandoned and Lessor may dispose of such property in place by any manner that Lessor, in its sole discretion, determines is appropriate. Lessor hereby notifies Lessee that Lessor will not store any such property of Lessee and such property shall become the property of Lessor. Lessee shall pay or reimburse Lessor for any reasonable, actual, out-of-pocket costs incurred by Lessor in connection with the removal or disposal of such relinquished property, which obligation shall survive the expiration or termination of this Lease. In no event shall Lessee be required to remove or pay for the removal of any built in, permanent fixtures or improvements existing on, or within, the Property as of the date of this Lease or for Lease, any raised computer floors built during the Term or for Lease Term, any other Alterations made in compliance with the terms of this Agreement, Lease or for any cabling or wiring (or similar property) now or hereafter located on or in the Property. . (c) Upon the return of the PropertyProperty to Lessor, Lessee shall also deliver therewith: (i) all transferable licenses and permits pertaining to the Property by general assignment, without warranty or recourse; ; (ii) as built-drawings drawings, including plans for HVAC, mechanical and electrical systems, to the extent in Lessee’s possession and not previously delivered to Lessor; (iii) available keys to the Property; (iv) a general assignment of all subleases existing on the date hereof or entered into in accordance with the terms of this Lease; and (v) to the extent assignable, a general assignment, without warranty or recourse; (iii) keys to the Property; and (iv) assignment , of all maintenance contracts (to the extent required by Lessor) and existing warranties applicable to the Property by general assignment, without warranty or recourse to the extent assignable. Property. (d) Lessee agrees to reasonably cooperate with Lessor and its representatives to effectuate a smooth transition of the operation and maintenance of the Property. Notwithstanding anything expressly in this Lease to the contrary hereunder, providing and provided that Lessee surrenders the Property and all Alterations and Equipment upon the expiration or termination of this Lease in compliance with all Applicable LawsLaws and the terms of this Lease, the failure to remove any of Lessee’s Alterations or Lessee’s Equipment and Personalty in accordance with the provisions hereof shall not result in Lessee being deemed a holdover tenant hereunder.

Return of Property to Lessor. (a) Lessee shall, upon the expiration or termination of this Lease, and at its own expense, return the Property to Lessor by surrendering the same into the possession of Lessor: Lessor (ai) free and clear of all Liens (whether by payment or bonding), except that Lessee shall have no responsibility or liability in respect of other than (iA) Lessor Liens, (iiB) any Lien created by the Mortgage and related debt documents, and (iiiC) Liens for taxes not yet due and payable; and payable subject to Lessee’s obligations under Sections 8.6(b) and 8.7, (bD) Liens and Impositions being contested in compliance in all material respects accordance with all Applicable Laws the provisions of Section 7.1 or 8.6(c), as the case may be, and (E) other Permitted Liens (other than this Lease and any assignment of this Lease), and (ii) in compliance with the maintenance conditions required by this Lease. . (b) All Alterations and Lessee’s Equipment and Personalty not removed by Lessee by the last day of the Lease Term (but in the event of a termination other than upon the expiration of the Base Term or any Renewal Term, within thirty (30) days after said termination of this Lease), other than those Alterations as to which title shall vest in Lessor pursuant to Section 8.4, . shall be deemed abandoned in place by Lessee and shall become the property of Lessor. Lessee shall pay or reimburse Lessor for any reasonable, actual, out-of-pocket costs incurred by Lessor in connection with the removal or disposal of such relinquished propertyof Lessee’s Equipment and Personalty so relinquished, which obligation shall survive the expiration or termination of this Lease. In no event shall Lessee be required to remove or pay for the removal of any built in, permanent fixtures or improvements existing on, or within, the Property as of the date of this Lease or for Lease, any raised computer floors built during the Term or for Lease Term, any other Alterations made in compliance with the terms of this Agreement, Lease or for any cabling or wiring (or similar property) now or hereafter located on or in the Property. . (c) Upon the return of the PropertyProperty to Lessor, Lessee shall also deliver therewith: (i) all transferable licenses and permits pertaining to the Property by general assignment, without warranty or recourse; ; (ii) as built-drawings drawings, including plans for HVAC, mechanical and electrical systems, to the extent in Lessee’s possession and not previously delivered to Lessor; (iii) available keys to the Property; (iv) a general assignment of all subleases existing on the date hereof or entered into in accordance with the terms of this Lease; and (v) to the extent assignable, a general assignment, without warranty or recourse; (iii) keys to the Property; and (iv) assignment , of all maintenance contracts (to the extent required by Lessor) and existing warranties applicable to the Property Property, specifically including without limitation all roof warranties acknowledged by general assignment, without warranty or recourse to the extent assignable. provider thereof. (d) Lessee agrees to reasonably cooperate with Lessor and its representatives to effectuate a smooth transition of the operation and maintenance of the Property. Notwithstanding anything expressly in this Lease to the contrary hereunder, providing and provided that Lessee surrenders the Property and all Alterations and Equipment upon the expiration or termination of this Lease in compliance with all Applicable LawsLaws and the terms of this Lease, the failure to remove any of Lessee’s Alterations or Lessee’s Equipment and Personalty in accordance with the provisions hereof shall not result in Lessee being deemed a holdover tenant hereunder.

Return of Property to Lessor. Lessee shall, upon the expiration or termination of this Lease, and at its own expense, return the Property and each portion thereof, including without limitation the Equipment, to Lessor by surrendering the same into the possession of Lessor: (a) free and clear of all Liens (whether by payment or bonding)Liens, except that Lessee shall have no responsibility or liability in respect of (i) Lessor Liens, (ii) any Lien created by the Mortgage and related debt documents, Debt Documents and (iii) Liens for taxes not yet due and payableany Lien created by the Head Lease; and (b) in compliance in all material respects with all Applicable Laws and in compliance with the maintenance conditions required by this Lease. All Alterations and Lessee’s 's Equipment and Personalty Personality not removed by Lessee by the last day of the Lease Term (but in the event of a termination other than upon the expiration of the Base Term or any Renewal Term, within thirty (30) days after said termination of this Lease), other than those Alterations as to which title shall vest in Lessor pursuant to Section 8.48.04 (which may not be removed), shall be deemed abandoned in place by Lessee and shall become the property of Lessor. Lessee shall pay or reimburse Lessor for any reasonable, actual, out-of-pocket costs incurred by Lessor (i) in connection with the removal or disposal of such relinquished propertyproperty (less the actual salvage value thereof), which obligation or (ii) to bring any Property into compliance with all Applicable Laws and the provisions hereof. The return of the Property shall survive the expiration or termination of this Lease. In no event shall Lessee be required to remove or pay for the removal of any built in, permanent fixtures or improvements existing on, or within, the Property as of the date of this Lease or for any raised computer floors built during the Term or for any other Alterations made in compliance with the terms of this Agreement, or for any cabling or wiring (or similar property) now or hereafter located on or in the Property. Upon the return of the Property, Lessee shall deliver therewith: (i) all transferable licenses licenses, permits and permits pertaining to the Property like by general assignment, without warranty or recourse; (ii) as builtas-built drawings including plans for HVACHYAC, mechanical and electrical systems, to the extent in Lessee’s possession available and not previously delivered to Lessor, without warranty or recoursea survey; (iii) keys to the Property; and; (iv) to the extent permitted by Applicable Law and contact or warranty, assignment of all maintenance contracts (to the extent required by Lessor) and existing warranties applicable to the Property or any portion thereof by general assignment, without warranty or recourse recourse; (v) a Phase I Environmental Site Assessment recently prepared (no more than sixty (60) days prior to the extent assignabledate of return) by an Approved Environmental Consultant which Phase I Environmental Site Assessment shall evidence no Areas of Environmental Concern requiring further assessment or Remedial Action; and (vi) unless otherwise directed by the Lessor, the Equipment shall be disassembled and placed in a state of readiness so as to permit such Equipment to be picked up by a shipper designated by Lessor for immediate loading without the necessity of additional labor, cost or expense. In the event that the Property is not timely returned meeting the requirements hereof, Lessee agrees shall be required to reasonably cooperate with Lessor and its representatives to effectuate a smooth transition of the operation and maintenance of the Propertycontinue paying Rent as provided herein. Notwithstanding anything expressly herein to the contrary hereundercontrary, providing Lessee surrenders may elect to return the Property and all Alterations and Equipment upon on any anniversary of the expiration commencement date of the Base Term or termination any applicable Renewal Term commencing with the thirteenth anniversary of this Lease in compliance with all Applicable Lawsthe commencement date of the Base Term. In the event that the Lessee desires to elect to return such Equipment, the failure Lessee shall provide written notice to remove Lessor and Head Lessor at least one (1) year prior to the anniversary of the commencement date of the Base Term (or any Renewal Term, as the case may be) in which Lessee desires to return the Equipment. Upon the return of Lessee’s Alterations or the Equipment, Lessee shall be required to disassemble and place such Equipment in accordance a state of readiness to permit such Equipment to be picked up by a shipper designated by Lessor for immediate loading without the necessity of additional labor, cost or expense. In addition, Lessee shall otherwise have fulfilled its obligations under this Section 10.01 with respect to the Equipment. Upon proper election of Lessor to return the Equipment and timely compliance by Lessee with the provisions hereof hereof, "Property" shall not result in Lessee being no longer be deemed a holdover tenant hereunderto include the Equipment or any interest therein.

Return of Property to Lessor. Lessee shall, upon the expiration or termination of this Lease, and at its own expense, return the Property and each portion thereof, including without limitation the Equipment, to Lessor by surrendering the same into the possession of Lessor: (a) free and clear of all Liens (whether by payment or bonding)Liens, except that Lessee shall have no responsibility or liability in respect of (i) Lessor Liens, (ii) any Lien created by the Mortgage and related debt documents, Debt Documents and (iii) Liens for taxes not yet due and payableany Lien created by the Head Lease; and (b) in compliance in all material respects with all Applicable Laws and in compliance with the maintenance conditions required by this Lease. All Alterations and Lessee’s 's Equipment and Personalty not removed by Lessee by the last day of the Lease Term (but in the event of a termination other than upon the expiration of the Base Term or any Renewal Term, within thirty (30) days after said termination of this Lease), other than those Alterations as to which title shall vest in Lessor pursuant to Section 8.48.04 (which may not be removed), shall be deemed abandoned in place by Lessee and shall become the property of Lessor. Lessee shall pay or reimburse Lessor for any reasonable, actual, out-of-pocket costs incurred by Lessor (i) in connection with the removal or disposal of such relinquished propertyproperty (less the actual salvage value thereof), which obligation or (ii) to bring any Property into compliance with all Applicable Laws and the provisions hereof. The return of the Property shall survive the expiration or termination of this Lease. In no event shall Lessee be required to remove or pay for the removal of any built in, permanent fixtures or improvements existing on, or within, the Property as of the date of this Lease or for any raised computer floors built during the Term or for any other Alterations made in compliance with the terms of this Agreement, or for any cabling or wiring (or similar property) now or hereafter located on or in the Property. Upon the return of the Property, Lessee shall deliver therewith: (i) all transferable licenses licenses, permits and permits pertaining to the Property like by general assignment, without warranty or recourse; (ii) as built-drawings including plans for HVAC, mechanical and electrical systems, to the extent in Lessee’s possession available and not previously delivered to Lessor, without warranty or recoursea survey; (iii) keys to the Property; and; (iv) to the extent permitted by Applicable Law and contact or warranty, assignment of all maintenance contracts (to the extent required by Lessor) and existing warranties applicable to the Property or any portion thereof by general assignment, without warranty or recourse recourse; (v) a Phase I Environmental Site Assessment recently prepared (no more than sixty (60) days prior to the extent assignabledate of return) by an Approved Environmental Consultant which Phase I Environmental Site Assessment shall evidence no Areas of Environmental Concern requiring further assessment or Remedial Action; and (vi) unless otherwise directed by the Lessor, the Equipment shall be disassembled and placed in a state of readiness so as to permit such Equipment to be picked up by a shipper designated by Lessor for immediate loading without the necessity of additional labor, cost or expense. In the event that the Property is not timely returned meeting the requirements hereof, Lessee agrees shall be required to reasonably cooperate with Lessor and its representatives to effectuate a smooth transition of the operation and maintenance of the Propertycontinue paying Rent as provided herein. Notwithstanding anything expressly herein to the contrary hereundercontrary, providing Lessee surrenders may elect to return the Property and all Alterations and Equipment upon on any anniversary of the expiration commencement date of the Base Term or termination any applicable Renewal Term commencing with the twelfth anniversary of this Lease in compliance with all Applicable Lawsthe commencement date of the Base Term. In the event that the Lessee desires to elect to return such Equipment, the failure Lessee shall provide written notice to remove Lessor and Head Lessor at least one (1) year prior to the anniversary of the commencement date of the Base Term (or any Renewal Term, as the case may be) in which Lessee desires to return the Equipment. Upon the return of Lessee’s Alterations or the Equipment, Lessee shall be required to disassemble and place such Equipment in accordance a state of readiness to permit such Equipment to be picked up by a shipper designated by Lessor for immediate loading without the necessity of additional labor, cost or expense. In addition, Lessee shall otherwise have fulfilled its obligations under this Section 10.01 with respect to the Equipment. Upon proper election of Lessor to return the Equipment and timely compliance by Lessee with the provisions hereof hereof, "Property" shall not result in Lessee being no longer be deemed a holdover tenant hereunderto include the Equipment or any interest therein.

Return of Property to Lessor. Lessee shall, upon the expiration or termination of this Lease, and at its own expense, return the Property to Lessor by surrendering the same into the possession of Lessor: (a) free and clear of all Liens (whether by payment or bonding), except that Lessee shall have no responsibility or liability in respect of (i) Lessor Liens, (ii) any Lien created by the Mortgage and related debt documents, and (iii) Liens for taxes not yet due and payable; and (b) in compliance in all material respects with all Applicable Laws and in compliance with the maintenance conditions required by this Lease. All Alterations and Lessee’s 's Equipment and Personalty not removed by Lessee by the last day of the Lease Term (but in the event of a termination other than upon the expiration of the Base Term or any Renewal Term, within thirty (30) days after said termination of this Lease), other than those Alterations as to which title shall vest in Lessor pursuant to Section 8.4, shall be deemed abandoned in place by Lessee and shall become the property of Lessor. Lessee shall pay or reimburse Lessor for any reasonable, actual, out-of-pocket costs incurred by Lessor in connection with the removal or disposal of such relinquished property, which obligation shall survive the expiration or termination of this Lease. In no event shall Lessee be required to remove or pay for the removal of any built in, permanent fixtures or improvements existing on, or within, the Property as of the date of this Lease or for any raised computer floors built during the Term or for any other Alterations made in compliance with the terms of this Agreement, or for any cabling or wiring (or similar property) now or hereafter located on or in the Property. Upon the return of the Property, Lessee shall deliver therewith: (i) all transferable licenses and permits pertaining to the Property by general assignment, without warranty or recourse; (ii) as built-drawings including plans for HVAC, mechanical and electrical systems, to the extent in Lessee’s 's possession and not previously delivered to Lessor, without warranty or recourse; (iii) keys to the Property; and (iv) assignment of all maintenance contracts (to the extent required by Lessor) and existing warranties applicable to the Property by general assignment, without warranty or recourse to the extent assignable. Lessee agrees to reasonably cooperate with Lessor and its representatives to effectuate a smooth transition of the operation and maintenance of the Property. Notwithstanding anything expressly to the contrary hereunder, providing Lessee surrenders the Property and all Alterations and Equipment upon the expiration or termination of this Lease in compliance with all - 16 - Applicable Laws, the failure to remove any of Lessee’s 's Alterations or Equipment in accordance with the provisions hereof shall not result in Lessee being deemed a holdover tenant hereunder.

Return of Property to Lessor. Lessee shall, upon the expiration or termination of this Lease, and at its own expense, return the Property to Lessor by surrendering the same into the possession of Lessor: (a) free and clear of all Liens (whether by payment or bonding), except that Lessee shall have no responsibility or liability in respect of (i) Lessor Liens, (ii) any Lien created by the Mortgage and related debt documentsDebt Documents, and (iii) Liens for taxes not yet due and payablepayable and described in clauses (e) and (f) of the definition of "Permitted Liens"; and (b) in compliance in all material respects with all Applicable Laws and in compliance with the maintenance conditions required by this Lease. All Alterations and Lessee’s 's Equipment and Personalty not removed by Lessee by the last day of the Lease Term (but in the event of a termination other than upon the expiration of the Base Term or any Renewal Term, within thirty forty five (3045) days after said termination of this Lease), other than those Alterations as to which title shall vest in Lessor pursuant to Section 8.4, shall be deemed abandoned in place by Lessee and shall become the property of Lessor. Lessee shall pay or reimburse Lessor for any reasonable, actual, out-of-pocket costs incurred by Lessor (i) in connection with the removal or disposal of such relinquished property, or (ii) to bring any Property into material compliance with all Applicable Laws and the maintenance conditions required by this Lease, which obligation obligations shall survive the expiration or termination of this Lease. In no event shall Lessee be required to remove or pay for the removal of any built in, permanent fixtures or improvements existing on, or within, the Property as of the date of this Lease or for any raised computer floors built during the Term or for any other Alterations made in compliance with the terms of this Agreement, or for any cabling or wiring (or similar property) now or hereafter located on or in the Property. Upon the return of the Property, Lessee shall deliver therewith: (i) all transferable licenses and permits pertaining to the Property by general assignment, without warranty or recourse; (ii) as built-drawings including plans for HVAC, mechanical and electrical systems, to the extent in Lessee’s possession and not previously delivered to Lessor, without warranty or recourseavailable; (iii) keys to the Property; and (iv) assignment of all then existing maintenance contracts (to the extent required by Lessor) and existing warranties applicable to the Property by general assignment, without warranty or recourse to the extent assignablerecourse. Lessee agrees to reasonably cooperate with Lessor and its representatives to effectuate a smooth transition of the operation and maintenance of the Property, and its releasing and refinancing, during the last 13 months of the Lease Term. Notwithstanding anything expressly to the contrary hereunderSuch cooperation shall include, providing Lessee surrenders the Property without limitation, transfers of all keys, existing contracts, names and all Alterations warranties with, of and Equipment upon the expiration or termination of this Lease in compliance with all Applicable Lawsfrom service providers, the failure to remove any of Lessee’s Alterations or Equipment in accordance with the provisions hereof shall not result in Lessee being deemed a holdover tenant hereunderand expected operation and maintenance requirements.