Common use of Surrender and Holding Over Clause in Contracts

Surrender and Holding Over. 16.1 Upon expiration of the Sublease Term, or if, at any time prior to such expiration, this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall remove all of its personal property therefrom. In the event Subtenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this Sublease, Subtenant shall indemnify and hold harmless Sublandlord in respect of any and all holdover charges or penalties imposed under the Xxxxxxxxx upon Sublandlord in respect of the entire Subleased Premises and in respect of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out of such holdover of the Subleased Premises. Any holding over after the expiration or earlier termination of this Sublease without the written consent of Sublandlord shall be construed to be a tenancy from month to month and Subtenant shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier termination, such holdover charge to be equal to [***]% of the Rent under the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the terms and conditions of this Sublease. Any holding over without Sublandlord's written consent shall constitute a default by Subtenant and entitle Sublandlord to exercise any remedies set forth herein or available under and other applicable law.

Surrender and Holding Over. 16.1 Upon the expiration or earlier termination of the Sublease Term, or if, at any time prior to such expiration, this Sublease Tenant shall be terminated for any reason, Subtenant shall immediately quit (i) deliver and surrender up to Sublandlord Landlord possession of the Subleased PremisesPremises broom clean, free of debris, in good order, condition and Subtenant shall state of repair (except ordinary wear and tear), (ii) subject to any Landlord rights under this Lease or at law, remove all of its Tenant’s movable furniture, trade fixtures or other personal property therefrom. In including interior and exterior signage, and repair any damage caused by such removal, and (iii) deliver the event Subtenant does not completely vacate keys (and any combinations, as applicable) to the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord Landlord. For purposes of this Section, the term “trade fixtures” shall not include any permanently affixed items or equipment (such as without limitation plumbing fixtures, HVAC equipment, kitchen hoods and walk-in coolers), carpeting, floor coverings, attached shelving/cabinetry, lighting fixtures (other than freestanding lamps), wall coverings, or similar Tenant improvements which shall remain on the condition required under Premises at the Xxxxxxxxx) by the Sublease Expiration Date expiration or earlier termination of this SubleaseLease unless otherwise requested by Landlord in writing. If not sooner terminated as herein provided, Subtenant this Lease shall indemnify and hold harmless Sublandlord in respect of any and all holdover charges or penalties imposed under terminate at the Xxxxxxxxx upon Sublandlord in respect end of the entire Subleased Term without the necessity of notice from either Landlord or Tenant to terminate same, Tenant hereby waiving notice to vacate the Premises and in respect agreeing that Landlord shall be entitled to the benefit of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect provisions of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out law respecting the summary recovery of such holdover possession of the Subleased PremisesPremises from a tenant holding over. Any holding Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Sublease without the Lease with Xxxxxxxx’s prior written consent of Sublandlord consent, such holding over shall constitute and be construed to be as a tenancy from month to month and Subtenant shall pay only, at a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier termination, such holdover charge to be monthly rent equal to [***]% two hundred percent (200%) of the Base Rent under payable for the Xxxxxxxxx in effect at such time, final month of the Term of this Lease and shall otherwise be subject to upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Xxxxxx. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this SubleaseLease. Any holding over The foregoing provisions of this Section 17.13 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without Sublandlord's written consent shall constitute a default limitation, any claim made by Subtenant any succeeding tenant resulting from such failure to surrender by Xxxxxx and entitle Sublandlord any attorneys’ fees and costs incurred by Landlord with respect to exercise any remedies set forth herein or available under and other applicable lawsuch claim.

Surrender and Holding Over. 16.1 Upon Tenant shall surrender the Premises to Landlord at the expiration of the Sublease Termterm hereof or any extension thereof, or ifupon other termination of this Lease, in as good condition as received, ordinary wear and tear and damage by fire or other insurance casualty excepted. Tenant, at any time prior to such expirationits expense, this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall promptly will remove all of its personal Tenant's property therefromfrom the Premises. In If Tenant shall default in so surrendering the event Subtenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required Premises, Xxxxxx's occupancy subsequent to such expiration or termination shall be deemed to be removed and the return that of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this Subleasea Tenant at will, Subtenant shall indemnify and hold harmless Sublandlord in respect of any and all holdover charges or penalties imposed under the Xxxxxxxxx upon Sublandlord in respect of the entire Subleased Premises and in respect of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out of such holdover of the Subleased Premises. Any holding over after the expiration or earlier termination of this Sublease without the written consent of Sublandlord shall be construed to be a tenancy no event from month to month and Subtenant or from year to year, but Tenant also shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier termination, such holdover charge to be equal to [***]% of the Rent under the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the terms all of other terms, covenants and conditions of this SubleaseLease, and no extension or renewal of this Lease shall be deemed to have occurred by such holding over. Any holding Landlord and Xxxxxx agree that the damage to Landlord resulting from any failure by Xxxxxx to timely surrender possession of the Premises will be substantial, will exceed the amount of the monthly installments of the Rent payable hereunder, and will be impossible to measure accurately. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord upon the Expiration Date or sooner termination of the Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord, as liquidated damages, for each month and for each portion of any month during which Tenant holds over without Sublandlord's written consent in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to two (2) times the aggregate of that portion of the Base Annual Rent that was payable under this Lease during the last month of the Term. Nothing herein contained shall constitute a default by Subtenant and entitle Sublandlord be deemed to exercise any remedies set forth herein permit Tenant to retain possession of the Premises after the Expiration Date or available under and other applicable lawsooner termination of the Lease. The provisions of this Paragraph shall survive the expiration Date or sooner termination of this Lease.

Surrender and Holding Over. 16.1 Upon expiration the termination of the Sublease Termthis Lease, whether by forfeiture, lapse of time or otherwise, or if, at any time prior upon termination of Tenant's right to such expiration, this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of the Subleased Premises, Tenaxx xxxl at once surrender and Subtenant deliver up the Premises, together with all improvements thereon (except as hereinafter provided), to Landlord, in good condition and repair, reasonable wear and tear and damage by casualty and condemnation excepted. Said improvements shall remove include all plumbing, lighting, electrical heating, cooling and ventilating fixtures and equipment, and all alterations, (excluding trade fixtures and equipment of its personal property therefromTenant). In All permanent alterations, additions and improvements made in or upon the event Subtenant does not completely vacate the Subleased Premises by Tenant (including the removal excluding trade fixtures and equipment of all personal Tenant) shall become Landlord's property and fixtures required shall remain upon the Premises on any such termination without compensation, allowance or credit to be removed and Tenant. Upon the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this SubleaseLease, Subtenant Tenant shall indemnify remove Tenaxx'x xersonal property, trade fixtures and hold harmless Sublandlord in respect of equipment; provided, however, that Tenant shall repair any injury or damage to the Premises which may result from such removal. If Tenant does not remove Tenaxx'x xersonal property, trade fixtures and all holdover charges or penalties imposed under equipment from the Xxxxxxxxx upon Sublandlord in respect of the entire Subleased Premises and in respect of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out of such holdover of the Subleased Premises. Any holding over after prior to the expiration or earlier termination of this Sublease without the written consent Lease Term, Landlord, upon thirty (30) days' notice to Tenant, at its option, may remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of Sublandlord shall be construed to be a tenancy from month to month business of Tenant or warehouse the same, and Subtenant Tenant shall pay a holdover charge for each month the cost of such removal repair, delivery and warehousing to Landlord within thirty (30) days of demand therefor. If Tenant or partial month that Subtenant remains any party claiming under Tenaxx xxxains in possession of the Subleased Premises or any part thereof after the Sublease Expiration Date any termination or earlier terminationexpiration of this Lease, Landlord may treat such holdover charge to be equal to [***]% as an automatic renewal of this Lease for a month-to-month tenancy at the rate of Rent last payable under the Xxxxxxxxx in effect at such timethis Lease, and shall otherwise be subject to all the terms and conditions of this Sublease. Any holding over without Sublandlord's written consent shall constitute provided herein, or as a default by Subtenant and entitle Sublandlord to exercise any remedies set forth herein or available under and other applicable lawtenant at sufferance, as Landxxxx'x xole remedies.

Surrender and Holding Over. 16.1 Upon Lessee covenants that at the expiration of the Sublease Term, term of this Lease or if, at any time prior to such expiration, this Sublease shall be terminated for any reason, Subtenant shall immediately upon its earlier termination it will quit and surrender up the Premises in good state and condition, reasonable wear and tear and damage by the elements excepted given the nature and age of the improvements and subject to Sublandlord the provisions of Paragraph 9 hereof. The Port shall have the right upon such termination to enter upon and take possession of all the Subleased Premises, and Subtenant shall remove all of its personal property therefrom. In Should Lessee with the event Subtenant does not completely vacate Port's consent hold over the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return use of the Subleased Premises to Sublandlord after this Lease has been terminated in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this Subleaseany manner, Subtenant shall indemnify and hold harmless Sublandlord in respect of any and all holdover charges or penalties imposed under the Xxxxxxxxx upon Sublandlord in respect of the entire Subleased Premises and in respect of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out of such holdover of the Subleased Premises. Any holding over after the expiration or earlier termination of this Sublease without the written consent of Sublandlord shall be construed to be deemed merely a tenancy from month to month and Subtenant at a rent to be fixed from time to time by the Port based on the fair rental value of the Premises, payable monthly in advance, but otherwise on the same terms and conditions as herein set forth; provided, however, that rent may be fixed by the Port from time to time by giving to Lessee at least thirty (30) days' prior written notice of said rent. It is understood and agreed that nothing contained in this Lease shall pay a holdover charge for each month give Lessee any right to occupy the Premises at any time after expiration of the term of this Lease or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or its earlier termination, such holdover charge to be equal to [***]% and that this Lease shall not create any right in Lessee for relocation assistance or payment from the Port upon expiration of the Rent under term of this Lease or upon its earlier termination or upon the Xxxxxxxxx in effect at termination of any holdover tenancy, pursuant to this paragraph. Lessee acknowledges and agrees that upon such timeexpiration or termination, it shall not be entitled to, NATIONAL AIRMOTIVE CORPORATION TEST CELLS LEASE - 32 - 38 and shall otherwise be subject expressly hereby waives, any relocation assistance or payment pursuant to the terms provisions of Title 1, Division 7, Chapter 16, of the Government Code of the State of California (Sections 7260 et seq.) and conditions pursuant to any other law or regulation effective now or at any time in the future with respect to any relocation of its business or activities upon the expiration of the term of this Sublease. Any holding over without Sublandlord's written consent shall constitute a default by Subtenant and entitle Sublandlord Lease or upon its earlier termination or upon the termination of any holdover tenancy pursuant to exercise any remedies set forth herein or available under and other applicable lawthis paragraph.

Surrender and Holding Over. 16.1 Upon Lessees shall surrender the premises to Lessor on expiration of this lease or termination of the Sublease Termlease as provided for herein. At the time of surrender, or if, at any time prior to such expiration, this Sublease the premises shall be terminated for in the same condition as when received, normal wear and tear excepted. Except as is provided in Section entitled Option to Purchase herein, Lessee shall not make any reasonclaim in the demised premises against the interest of Lessor, Subtenant shall immediately quit and surrender up to Sublandlord possession if Lessee holds the premises after termination of the Subleased Premiseslease, and Subtenant shall remove all of its personal property therefrom. In the event Subtenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this Sublease, Subtenant shall indemnify and hold harmless Sublandlord in respect of any and all holdover charges or penalties imposed under the Xxxxxxxxx upon Sublandlord in respect of the entire Subleased Premises and in respect of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out of such holdover of the Subleased Premises. Any holding over after the expiration or earlier termination of this Sublease without the written consent of Sublandlord shall be construed to be a tenancy from month to month shall be created thereby at a rental of $3300 per month, and Subtenant the acceptance of the rental by Lessor will not extend the term of this lease in any manner. DAMAGE OR DESTRUCTION OF PREMISES The Lessee shall pay a holdover charge for each month carry and maintain hazard insurance, with extended coverage, at Lessee's expense, to cover loss by fire or partial month that Subtenant remains other peril of the leased premises at least in the Subleased Premises after amount of $290, 000. Lessor and Lessee shall both be named as insureds and loss payees under such policy of insurance and to the Sublease Expiration Date extent of their respective insurable interests hereunder. Lessee shall be under a continuing obligation to furnish Lessor with a current copy of said policy. Should the leased premises be damaged by fire or earlier terminationother casualty and further should Lessee exercise his option to purchase as hereinafter stated, such holdover charge the first $290,000.00 or so much thereof as may be necessary, of insurance proceeds shall be applied to pay, in full the purchase money indebtedness of Lessor Authority in favor of United Bank of Milnxx, xxus all interest due to the date of payment. The remaining insurance proceeds, hereunder, shall be equal to [***]% and remain the property of Lessee. Should the building which forms a part of the Rent under leased premises be damaged by fire or other casualty and Lessee not exercise his option to purchase, as hereinafter stated, then the Xxxxxxxxx in effect at such timefirst $290,000. Of insurance proceeds, or so much thereof as may be necessary, shall be payable to Lessor. Such amount shall thereafter be used by Lessor to restore and reconstruct the building constituting a portion of the leased premises, and these insurance proceeds shall otherwise belong to and be subject to the terms and conditions property of this Subleasethe Lessor Authority. Any holding over without Sublandlord's written consent To the extent that any such proceeds are not so used they shall constitute a default by Subtenant and entitle Sublandlord to exercise any remedies set forth herein or available under and other applicable law.be applied as follows:

Surrender and Holding Over. 16.1 Upon expiration or earlier termination of this Sublease, Sublessee shall return the Subleased Premises in the same condition received or is hereafter placed, excepting normal wear and tear and damage due to casualty or condemnation and as otherwise required pursuant to the terms of Paragraph 20(a) of the Sublease TermMaster Lease with all cabling located in and exclusively serving the Subleased Premises, whether installed by Sublessor or Sublessee, removed. Sublessee acknowledges and agrees that Sublessee shall pay to Sublessor, as Rent hereunder, any fees charged by Master Lessor pursuant to Paragraph 20(a) of the Master Lease, and the same shall be paid by Sublessee to Sublessor upon Sublessor’s demand therefor. If the Subleased Premises are not vacated and surrendered in such condition at such time, Sublessee shall indemnify and hold Sublessor harmless from and against any and all claims, losses, expenses or damages, including, without limitation, reasonable attorneys’ fees and disbursements, arising out of or resulting from (i) any delay or failure by Sublessee in so surrendering the Subleased Premises, or ifany portion thereof, at including, without limitation, any time prior claims made by Master Lessor against Sublessor founded upon such delay or failure, and/or (ii) Sublessee’s failure to such expiration, this Sublease shall be terminated deliver the Subleased Premises in the condition required hereunder. Sublessee agrees that if for any reason, Subtenant reason Sublessee shall immediately quit fail to vacate and surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall remove all of its personal property therefrom. In Premises or any part thereof on or before the event Subtenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this SubleaseSublease as set forth herein, Subtenant shall indemnify and hold harmless Sublandlord in respect of any and all holdover charges or penalties imposed under the Xxxxxxxxx upon Sublandlord in respect of the entire Subleased Premises and in respect of any and all coststhen, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of sameat Sublessor’s option, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out of such holdover Sublessee’s continued possession of the Subleased Premises. Any Premises shall be deemed a month-to-month tenancy only, during which time, without prejudice and in addition to any other rights and remedies Sublessor may have hereunder or at law, Sublessee shall pay to Sublessor, on a monthly basis for each month of any holding over by Sublessee, an amount equal to two hundred (200%) of the total monthly Rent payable hereunder immediately prior to the expiration or earlier termination of this Sublease. The provisions of this Paragraph 12 shall not in any way be deemed to (i) permit Sublessee to remain in possession of the Subleased Premises after the Expiration Date or sooner termination of this Sublease, or (ii) imply any right of Sublessee to use or occupy the Subleased Premises upon and/or following the expiration or earlier termination of this Sublease and the Term, and no acceptance by Sublessor of payments from Sublessee after the Expiration Date or sooner termination of this Sublease shall be deemed to be other than on account of the amount to be paid by Sublessee in accordance with the provisions of this Paragraph 12. Sublessor waives no rights against Sublessee by reason of any of the provisions hereof, including, without limitation, the right to terminate such month-to-month tenancy as provided by law at any time after the expiration or earlier termination of this Sublease without Sublease. The terms and provisions of this Paragraph 12 shall survive the written consent of Sublandlord shall be construed to be a tenancy from month to month and Subtenant shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date expiration or earlier termination, such holdover charge to be equal to [***]% of the Rent under the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the terms and conditions termination of this Sublease. Any holding over without Sublandlord's written consent shall constitute a default by Subtenant and entitle Sublandlord to exercise any remedies set forth herein or available under and other applicable law.

Surrender and Holding Over. 16.1 Upon (A) At the expiration or sooner termination of the Sublease Termtenancy hereby created, Tenant shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereof to Tenant, reasonable wear and tear excepted, and damage by unavoidable casualty excepted to the extent that the same is covered by Landlord's Property insurance policy, and Tenant shall surrender all keys for the Leased Premises to Landlord and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Leased Premises. Prior to the expiration or sooner termination of this Lease, Tenant shall remove any and all trade fixtures, equipment and other unattached items which Tenant may have installed, stored or left in the Leased Premises or elsewhere in the Shopping Center, and Tenant shall not remove any plumbing or electrical fixtures or equipment, heating or air conditioning equipment, floor coverings (including but not limited to wall-to-wall carpeting), walls or ceilings, all of which shall be deemed to constitute a part of the freehold and/or leasehold interest of Landlord, nor shall Tenant remove any fixtures or machinery that were furnished or paid for by Landlord (whether initially installed or replaced). The Leased Premises shall be left in a broom-clean condition. If Tenant shall fail to remove its trade fixtures or other property as provided in this Article 19, such fixtures and other property not removed by Tenant shall be deemed abandoned by Tenant and at the option of Landlord shall become the property of Landlord, or ifat Landlord's option may be removed by Landlord at Tenant's expense, or placed in storage at any time prior Tenant's expense, or sold or otherwise disposed of, in which event the proceeds of such sale or other disposition shall belong to such expiration, this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall remove all of its personal property therefromLandlord. In the event Subtenant Tenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this Sublease, Subtenant shall indemnify and hold harmless Sublandlord in respect of make any and all holdover charges or penalties imposed under the Xxxxxxxxx upon Sublandlord in respect of the entire Subleased Premises and in respect of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out of such holdover of the Subleased Premises. Any holding over after the expiration or earlier termination of this Sublease without the written consent of Sublandlord shall be construed to be a tenancy from month to month and Subtenant shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier termination, such holdover charge to be equal to [***]% of the Rent under the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the terms and conditions of this Sublease. Any holding over without Sublandlord's written consent shall constitute a default by Subtenant and entitle Sublandlord to exercise any remedies set forth herein or available under and other applicable law.repairs as

Surrender and Holding Over. 16.1 Upon Tenant shall surrender the Premises to Landlord at the expiration of the Sublease Termterm hereof or any extension thereof, or ifupon other termination of this Lease, in as good condition as received, ordinary wear and tear and damage by fire or other insurance casualty excepted. Tenant, at any time prior to such expirationits expense, this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall promptly will remove all of its personal Tenant's property therefromfrom the Premises. In If Tenant shall default in so surrendering the event Subtenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required Premises, Tenant's occupancy subsequent to such expiration or termination shall be deemed to be removed and the return that of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this Subleasea Tenant at will, Subtenant shall indemnify and hold harmless Sublandlord in respect of any and all holdover charges or penalties imposed under the Xxxxxxxxx upon Sublandlord in respect of the entire Subleased Premises and in respect of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out of such holdover of the Subleased Premises. Any holding over after the expiration or earlier termination of this Sublease without the written consent of Sublandlord shall be construed to be a tenancy no event from month to month and Subtenant or from year to year, but Tenant also shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier termination, such holdover charge to be equal to [***]% of the Rent under the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the terms all of other terms, covenants and conditions of this SubleaseLease, and no extension or renewal of this Lease shall be deemed to have occurred by such holding over. Any holding Landlord and Tenant agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises will be substantial, will exceed the amount of the monthly installments of the Rent payable hereunder, and will be impossible to measure accurately. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord upon the Expiration Date or sooner termination of the Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord, as liquidated damages, for each month and for each portion of any month during which Tenant holds over without Sublandlord's written consent in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to two (2) times the aggregate of that portion of the Base Annual Rent that was payable under this Lease during the last month of the Term. Nothing herein contained shall constitute a default by Subtenant and entitle Sublandlord be deemed to exercise any remedies set forth herein permit Tenant to retain possession of the Premises after the Expiration Date or available under and other applicable lawsooner termination of the Lease. The provisions of this Paragraph shall survive the expiration Date or sooner termination of this Lease.

Surrender and Holding Over. 16.1 Upon the expiration of the Sublease Term, or if, at any time prior to such expiration, this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall remove all of its personal property therefrom. In the event Subtenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this SubleaseLease, Subtenant Tenant shall indemnify peaceably leave and hold harmless Sublandlord surrender the Leased Premises (except for any portion thereof with respect to which this Lease has previously terminated) to Landlord in respect the same condition in which the Leased Premises were originally received from Landlord at the commencement of this Lease, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, Tenant may remove from the Land and Improvements on or prior to such expiration or earlier termination all holdover charges personal property, trade fixtures, machinery and equipment owned by Tenant situated thereon which is owned by Tenant or penalties imposed under third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination repair any damage caused by such removal. Property not so removed at the Xxxxxxxxx upon Sublandlord in respect end of the entire Subleased Premises Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and in respect Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of any removing and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out disposing of such holdover property and repairing any damage to any of the Subleased Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. Tenant shall not commit waste of the Leased Premises. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term of this Sublease without the written consent of Sublandlord Lease or any extensions thereof shall operate and be construed to be as a tenancy from month to month and Subtenant shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier terminationonly, such holdover charge to be equal to [***]% at one hundred fifty percent (150%) of the Base Rent under reserved herein and upon the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the same terms and conditions of as contained in this SubleaseLease. Any Notwithstanding the foregoing, any holding over without Sublandlord's written consent shall constitute a default by Subtenant and entitle Sublandlord Landlord, in addition to collecting rentals, to exercise any all rights and remedies set forth herein provided by law or available under and other applicable lawin equity, including the remedies of Paragraph 21(b).

Surrender and Holding Over. 16.1 Upon the expiration or earlier termination of the Sublease Term, or if, at any time prior to such expiration, this Sublease Tenant shall be terminated for any reason, Subtenant shall immediately quit (i) deliver up and surrender up to Sublandlord Landlord possession of the Subleased PremisesPremises broom clean, free of debris, in good order, condition and Subtenant shall state of repair (except as may be Landlord’s obligation under this Lease and ordinary wear and tear), (ii) subject to any Landlord lien rights under this Lease or at law, remove all of its Tenant’s movable furniture, trade fixtures or other personal property therefrom. In including interior and exterior signage, and repair any damage caused by such removal, and (iii) deliver the event Subtenant does not completely vacate keys (and any combinations, as applicable) to the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord Landlord. For purposes of this Section, the term “trade fixtures” shall not include any permanently affixed items or equipment (such as without limitation plumbing fixtures, HVAC equipment, kitchen hoods and walk-in coolers), carpeting, floor coverings, attached shelving/cabinetry, lighting fixtures (other than freestanding lamps), wall coverings, or similar Tenant improvements which shall remain on the condition required under Premises at the Xxxxxxxxx) by the Sublease Expiration Date expiration or earlier termination of this SubleaseLease unless otherwise requested by Landlord in writing. If not sooner terminated as herein provided, Subtenant this Lease shall indemnify and hold harmless Sublandlord in respect of any and all holdover charges or penalties imposed under terminate at the Xxxxxxxxx upon Sublandlord in respect end of the entire Subleased Term as provided for in Article 3 without the necessity of notice from either Landlord or Tenant to terminate same, Tenant hereby waiving notice to vacate the Premises and in respect agreeing that Landlord shall be entitled to the benefit of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect provisions of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out law respecting the summary recovery of such holdover possession of the Subleased PremisesPremises from a tenant holding over. Any holding Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Sublease Lease without the Landlord’s prior written consent of Sublandlord consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to one hundred fifty percent (150%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Xxxxxxxx’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month and Subtenant shall pay only, at a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier termination, such holdover charge to be monthly rent equal to [***]% one hundred fifty percent (150%) of the Base Rent under payable for the Xxxxxxxxx in effect at such time, final month of the Term of this Lease and shall otherwise be subject to upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Xxxxxx. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this SubleaseLease. Any holding over The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without Sublandlord's written consent shall constitute a default limitation, any claim made by Subtenant any succeeding tenant resulting from such failure to surrender by Xxxxxx and entitle Sublandlord any attorneys’ fees and costs incurred by Landlord with respect to exercise any remedies set forth herein or available under and other applicable lawsuch claim.

Surrender and Holding Over. 16.1 Upon (A) At the expiration or sooner termination of the Sublease Termtenancy hereby created, Tenant shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereof to Tenant, reasonable wear and tear excepted, and damage by unavoidable casualty excepted to the extent that the same is covered by Landlord's Property insurance policy, and Tenant shall surrender all keys for the Leased Premises to Landlord and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Leased Premises. Prior to the expiration or sooner termination of this Lease, Tenant shall remove any and all trade fixtures, equipment and other unattached items which Tenant may have installed, stored or left in the Leased Premises or elsewhere in the Shopping Center, and Tenant shall not remove any plumbing or electrical fixtures or equipment, heating or air conditioning equipment, floor coverings (including but not limited to wall-to-wall carpeting), walls or ceilings, all of which shall be deemed to constitute a part of the freehold and/or leasehold interest of Landlord, nor shall Tenant remove any fixtures or machinery that were furnished or paid for by Landlord (whether initially installed or replaced). The Leased Premises shall be left in a broom-clean condition. If Tenant shall fail to remove, its trade fixtures or other property as provided in this Article 19, such fixtures and other property not removed by Tenant shall be deemed abandoned by Tenant and at the option of Landlord shall become the property of Landlord, or ifat Landlord's option may be removed by Landlord at Tenant's expense, or placed in storage at any time prior Tenant's expense, or sold or otherwise disposed of, in which event the proceeds of such sale or other disposition shall belong to such expiration, this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall remove all of its personal property therefromLandlord. In the event Subtenant Tenant does not completely vacate make any repairs as required by this Article 19(A), Tenant shall be liable for and agrees to pay Landlord's costs and expenses in making such repairs. Tenant's obligations and covenants under this Article 19(A) shall survive the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date expiration or earlier termination of this Sublease, Subtenant shall indemnify and hold harmless Sublandlord in respect of any and all holdover charges or penalties imposed under the Xxxxxxxxx upon Sublandlord in respect of the entire Subleased Premises and in respect of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out of such holdover of the Subleased Premises. Any holding over after the expiration or earlier termination of this Sublease without the written consent of Sublandlord shall be construed to be a tenancy from month to month and Subtenant shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier termination, such holdover charge to be equal to [***]% of the Rent under the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the terms and conditions of this Sublease. Any holding over without Sublandlord's written consent shall constitute a default by Subtenant and entitle Sublandlord to exercise any remedies set forth herein or available under and other applicable lawLease.

Surrender and Holding Over. 16.1 Upon expiration of the Sublease Term, or if, at any time prior to such expiration, this Sublease Tenant shall be terminated for any reason, Subtenant shall immediately quit deliver up and surrender up to Sublandlord Landlord possession of the Subleased Premises, and Subtenant shall remove all of its personal property therefrom. In the event Subtenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this Sublease, Subtenant shall indemnify and hold harmless Sublandlord in respect of any and all holdover charges or penalties imposed under the Xxxxxxxxx upon Sublandlord in respect of the entire Subleased Premises and in respect of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out of such holdover of the Subleased Premises. Any holding over after the expiration or earlier termination of the Lease Term, broom clean, free of debris and Tenant’s personal property, in good order, condition and state of repair (excepting ordinary wear and tear, damage by casualty or condemnation, and any repairs which are Landlord’s obligation hereunder) and shall deliver the keys at the office of Landlord. If not sooner terminated as herein provided, this Sublease Lease shall terminate at the end of the Lease Term without the written consent necessity of Sublandlord notice from cither Landlord or Tenant to terminate the same; Tenant hereby waiving notice to vacate the Premises and agreeing that Landlord shall be construed entitled to be the benefit of all provisions of law respecting the summary recovery of possession of premises from a tenancy from month tenant holding over to month and Subtenant shall pay a holdover charge for each month the same extent as if statutory notice had been given. If Tenant or partial month that Subtenant any party claiming under Tenant remains in the Subleased Premises after the Sublease Expiration Date or earlier termination, such holdover charge to be equal to [***]% possession of the Rent under Premises, or any part thereof, after any termination of this Lease, no tenancy or interest in the Xxxxxxxxx in effect at Premises shall result therefrom, unless Landlord ejects as hereinafter provided, but such time, holding over shall be an unlawful detainer and all such parties shall otherwise be subject to immediate eviction and removal. If, without the terms consent of Landlord, Tenant or any party claiming under Tenant remains in possession of the Premises, or any part thereof, after any termination of this Lease, Landlord may, in addition to its other rights, elect at its sole option and discretion to treat such holding over by Tenant as the creation of a month-to-month tenancy subject to all of the terms, covenants and conditions as are set forth in this Lease insofar as the same are applicable to a month-to-month tenancy, except that upon notice to Tenant claiming holdover rent (i) the monthly Fixed Rent of this Subleasesuch holdover, shall be one hundred fifty (150%) percent of the aggregate sum of the monthly Fixed Rent payable in the last Lease Year of the Lease Term; plus (ii) the average monthly amount of all other Additional Rent and Charges paid by Tenant in the last Lease Year of the Lease Term. Any If Tenant or any party claiming under Tenant shall holdover with Landlord’s consent (negotiations between Landlord and Tenant, prior to the end of the Lease Term for a Lease Term extension, shall not be deemed Landlord’s consent to a holdover) then such holding over without Sublandlord's written consent shall constitute be on such terms as Landlord and Tenant shall determine, or if no specific determination is made, then on a default by Subtenant month-by-month basis, subject to all of the terms, covenants and entitle Sublandlord to exercise any remedies conditions as set forth herein in this Lease insofar as the same are applicable to a month-to-month tenancy. The period of any holding over by Tenant as aforesaid, whether on a month-to-month basis or available under and other applicable lawotherwise, shall be deemed an automatic extension of the Initial Term or Renewal Term (as the case may be) for only a period concurrent with the period of such holding over.

Surrender and Holding Over. 16.1 Upon the expiration of the Sublease Term, or if, at any time prior to such expiration, this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall remove all of its personal property therefrom. In the event Subtenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this SubleaseLease, Subtenant Tenant shall indemnify peaceably leave and hold harmless Sublandlord surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in respect the same condition in which the Leased Premises were originally received from Landlord at the commencement of this Lease, except as to any repair or Alteration as permitted or required by any provision of this Lease, and all holdover charges except for ordinary wear and tear and damage by fire, casualty or penalties imposed under condemnation but only to the Xxxxxxxxx upon Sublandlord in respect extent Tenant is not required to repair the same hereunder. Tenant may remove at Tenant's sole cost and expense from the Leased Premises on or prior to such expiration or earlier termination Tenant's Trade Fixtures and personal property which are owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Tenant's Trade Fixtures and personal property not so removed at the end of the entire Subleased Premises Term or within fifteen (15) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. Landlord shall not in respect any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, Landlord as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out a result of such holdover of the Subleased Premisesexpiration or earlier termination. Upon such expiration or earlier termination, no party shall have any further rights or obligations hereunder except as specifically provided herein. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Sublease without Lease or any extensions thereof, with the written consent of Sublandlord Landlord, shall operate and be construed to be a as tenancy from month to month and Subtenant shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier terminationonly, such holdover charge to be equal to [***]% at one hundred fifty percent (150%) of the Basic Rent under reserved herein and upon the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the same terms and conditions of as contained in this SubleaseLease. Any Notwithstanding the foregoing, any holding over without SublandlordLandlord's written consent shall constitute entitle Landlord, in addition to collecting Basic Rent at a default by Subtenant and entitle Sublandlord rate of one hundred fifty percent (150%) thereof, to exercise any all rights and remedies set forth herein provided by law or available under and other applicable lawin equity, including the remedies of Section 20.

Surrender and Holding Over. 16.1 Upon the expiration of the Sublease Term, or if, at any time prior to such expiration, this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall remove all of its personal property therefrom. In the event Subtenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this SubleaseLease, Subtenant Tenant shall indemnify peaceably leave and hold harmless Sublandlord surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in respect the same condition in which the Leased Premises were originally received from Landlord at the commencement of this Lease, except as to any repair or Alteration as permitted or required by any provision of this Lease, and all holdover charges except for ordinary wear and tear and damage by fire, casualty or penalties imposed under condemnation but only to the Xxxxxxxxx upon Sublandlord in respect extent Tenant is not required to repair the same hereunder. Tenant may remove at Tenant’s sole cost and expense from the Leased Premises on or prior to such expiration or earlier termination Tenant’s Trade Fixtures and personal property which are owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Tenant’s Trade Fixtures and personal property not so removed at the end of the entire Subleased Premises Term or within thirty days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. Landlord shall not in respect any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, Landlord as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out a result of such holdover of the Subleased Premisesexpiration or earlier termination. Upon such expiration or earlier termination, no party shall have any further rights or obligations hereunder except as specifically provided herein. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term of this Sublease without Lease or any extensions thereof, with the written consent of Sublandlord Landlord, shall operate and be construed to be a as tenancy from month to month and Subtenant shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier terminationonly, such holdover charge to be equal to [***]% at one hundred fifty percent (150%) of the Basic Rent under reserved herein and upon the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the same terms and conditions of as contained in this SubleaseLease. Any Notwithstanding the foregoing, any holding over without Sublandlord's written Landlord’s consent shall constitute entitle Landlord, in addition to collecting Basic Rent at a default by Subtenant and entitle Sublandlord rate of one hundred fifty percent (150%) thereof, to exercise any all rights and remedies set forth herein provided by law or available under and other applicable lawin equity, including the remedies of Paragraph 20.

Surrender and Holding Over. 16.1 Upon the expiration of the Sublease Term, or if, at any time prior to such expiration, this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall remove all of its personal property therefrom. In the event Subtenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this SubleaseLease, Subtenant Tenant shall indemnify peaceably leave and hold harmless Sublandlord surrender the Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in respect the same condition in which the Premises were originally received from Landlord at the commencement of this Lease, except as to the Racking/Shelving Items as set forth in Paragraph 9(a), any repair or Alteration as permitted or required by any provision of this Lease, and except for ordinary wear and tear and damage by fire, casualty or condemnation but only to the extent Tenant is not required to repair the same hereunder. Notwithstanding the foregoing, within one (1) year after the Commencement Date, Tenant shall, at its sole cost and expense: (a) repair the roof to a Serviceable Condition (as defined on Exhibit D attached hereto and incorporated herein by this reference) and (b) repair the deferred maintenance items set forth in paragraph two of Landlord's letter of February 21, 2002, a copy of which is attached hereto as Exhibit E and incorporated herein by this reference). Prior to the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, remove the Racking/Shelving Items from the Building and repair any damage caused by such removal including without limitation capping all holdover charges in-rack sprinklers, cutting all bolts and leaving the floor in a smooth condition. Tenant may remove at Tenant's sole cost and expense from the Premises on or penalties imposed under prior to such expiration or earlier termination Tenant's Trade Fixtures and personal property which are owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Tenant's Trade Fixtures and personal property not so removed at the Xxxxxxxxx upon Sublandlord in respect end of the entire Subleased Premises Term or within thirty days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Premises. Landlord shall not in respect any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, Landlord as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out a result of such holdover of the Subleased Premisesexpiration or earlier termination. Upon such expiration or earlier termination, no party shall have any further rights or obligations hereunder except as specifically provided herein. Any holding over by Tenant of the Premises after the expiration or earlier termination of the term of this Sublease without the written consent of Sublandlord Lease or any extensions thereof shall operate and be construed to be a as tenancy from month to month and Subtenant shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier terminationonly, such holdover charge to be equal to [***]% at one hundred fifty percent (150%) of the Basic Rent under reserved herein and upon the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the same terms and conditions of as contained in this SubleaseLease. Any Notwithstanding the foregoing, any holding over without SublandlordLandlord's written consent for a period greater than thirty (30) days shall constitute entitle Landlord, in addition to collecting Basic Rent at a default by Subtenant and entitle Sublandlord rate of two hundred percent (200%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 20. During any remedies holding over by Tenant of the Premises, Tenant shall be obligated to pay Landlord, in addition to Basic Rent as set forth herein or available in this Paragraph 24, all Additional Rent due under and other applicable lawthis Lease. 25.

Surrender and Holding Over. 16.1 Upon the expiration of the Sublease Term, or if, at any time prior to such expiration, this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall remove all of its personal property therefrom. In the event Subtenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this SubleaseLease, Subtenant Tenant shall indemnify peaceably leave and hold harmless Sublandlord surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in respect the same condition in which the Leased Premises were originally received from Landlord at the commencement of this Lease, except as to any repair or Alteration as permitted or required by any provision of this Lease, and all holdover charges except for ordinary wear and tear and damage by fire, casualty or penalties imposed under condemnation but only to the Xxxxxxxxx upon Sublandlord in respect extent Tenant is not required to repair the same hereunder. Tenant may remove at Tenant’s sole cost and expense from the Leased Premises on or prior to such expiration or earlier termination Tenant’s personal property which are owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Tenant’s personal property not so removed at the end of the entire Subleased Premises Term or within fifteen (15) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. Landlord shall not in respect any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, Landlord as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out a result of such holdover of the Subleased Premisesexpiration or earlier termination. Upon such expiration or earlier termination, no party shall have any further rights or obligations hereunder except as specifically provided herein. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Sublease without Lease or any extensions thereof, with the written consent of Sublandlord Landlord, shall operate and be construed to be a as tenancy from month to month and Subtenant shall pay a holdover charge for each month or partial month that Subtenant remains in only, upon the Subleased Premises after the Sublease Expiration Date or earlier termination, such holdover charge to be equal to [***]% of the Rent under the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the same terms and conditions as contained in this Lease, at the following Basic Rent: (i) during the first (1st) sixty (60) days after such expiration or termination, at one hundred twenty-five percent (125%) of this Subleasethe Basic Rent reserved herein; and (ii) thereafter, at one hundred fifty percent (150%) of the Basic Rent reserved herein. Any Notwithstanding the foregoing, any holding over without Sublandlord's written Landlord’s consent shall constitute entitle Landlord, in addition to collecting Basic Rent at a default by Subtenant and entitle Sublandlord rate as set forth in the preceding sentence, to exercise any all rights and remedies set forth herein provided by law or available under and other applicable lawin equity, including the remedies of Paragraph 20.

Surrender and Holding Over. 16.1 Upon expiration 1. On the last day of the Sublease TermLease term or on the sooner termination thereof, or ifTenant shall peaceably and quietly surrender the Leased Premises in good order, condition and repair consistent with Tenant's duty to make repairs as herein provided. All Alterations (other than Tenant's furniture and unattached movable personal property and equipment which may be removed by Tenant at any time during the term and prior to such expirationthe termination of this Lease provided Tenant repairs any damage caused thereby) which may be made or installed by either Landlord or Tenant upon the Leased Premises, this Sublease shall be terminated for any reasonthe property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof without disturbance, Subtenant shall immediately quit and surrender up to Sublandlord possession molestation or injury at the termination of the Subleased Premisesterm of this Lease, and Subtenant whether by the lapse of time or otherwise, all without compensation or credit to Tenant. On or before the termination of the Lease term, Tenant shall remove all of its Tenant's furniture and unattached movable personal property therefromand equipment from the Leased Premises and any such items not so removed shall be deemed abandoned by Tenant. In the event Subtenant does not completely vacate the Subleased Premises (including Any damage caused by the removal of all personal such property shall be repaired by Tenant at Tenant's sole cost and fixtures required to be removed and expense. If the return Leased Premises are not surrendered at the end of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this Subleaseterm as set forth herein, Subtenant Tenant shall indemnify and hold harmless Sublandlord Landlord against all loss or liability resulting from delay by Tenant in respect of so surrendering the Leased Premises, including, without limitation, any and claim made by any succeeding tenant founded on such delay. Tenant shall also surrender all holdover charges or penalties imposed under keys to the Xxxxxxxxx upon Sublandlord in respect of the entire Subleased Leased Premises and in respect shall inform Landlord of combinations on any locks, safes and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shallvaults, if requested by Sublandlordany, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out of such holdover of on the Subleased Leased Premises. Any holding over after the expiration or earlier termination of this Sublease without the written consent of Sublandlord shall be construed to be a tenancy from month to month and Subtenant shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier termination, such holdover charge to be equal to [***]% of the Rent under the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the terms and conditions of this Sublease. Any holding over without Sublandlord's written consent shall constitute a default by Subtenant and entitle Sublandlord to exercise any remedies set forth herein or available under and other applicable law.

Surrender and Holding Over. 16.1 18.1 Upon the expiration or termination of the Sublease TermLease Term for whatever cause, or ifupon the exercise by Landlord of its right to re-enter the Leased Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Leased Premises in "broom clean" and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not covered by Section 6.4 and repairs to be made by Landlord pursuant to Section 6.1. If Tenant fails to surrender possession as herein required, Landlord may initiate any and all legal action as Landlord may elect to dispossess Tenant and all of its property, and all persons or firms claiming by, through or under Tenant and all of their property, from the Leased Premises, and may remove from the Leased Premises and store (without any liability for loss, theft, damage or destruction thereto) any such property at any time Tenant's cost and expense. For so long as Tenant remains in possession of the Leased Premises after such expiration, termination or exercise by Landlord of its re-entry right, Tenant shall be deemed to be occupying the Leased Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be twice the per day Rent in effect immediately prior to such expiration, this Sublease termination or exercise by Landlord. No such holding over shall be terminated for any reason, Subtenant shall immediately quit and extend the Lease Term. If Tenant fails to surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall remove all of its personal property therefrom. In the event Subtenant does not completely vacate the Subleased Leased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under herein required, Landlord may, at Tenant's expense, restore the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this Sublease, Subtenant shall indemnify and hold harmless Sublandlord in respect of any and all holdover charges or penalties imposed under the Xxxxxxxxx upon Sublandlord in respect of the entire Subleased Leased Premises and in respect of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, as and when to such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out of such holdover of the Subleased Premises. Any holding over after the expiration or earlier termination of this Sublease without the written consent of Sublandlord shall be construed to be a tenancy from month to month and Subtenant shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier termination, such holdover charge to be equal to [***]% of the Rent under the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the terms and conditions of this Sublease. Any holding over without Sublandlord's written consent shall constitute a default by Subtenant and entitle Sublandlord to exercise any remedies set forth herein or available under and other applicable lawcondition.

Surrender and Holding Over. 16.1 Upon the expiration or earlier termination of the Sublease Term, Subtenant shall quit and peacefully surrender and deliver to Sublandlord the possession and use of the Premises, without delay, free and clear of all liens, encumbrances and charges to the extent such liens, encumbrances and charges are solely due to the acts or ifomissions of Subtenant, at any time prior to such expiration, and all rights of Subtenant under this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of terminate. Notwithstanding the Subleased Premises, and Subtenant shall remove all of its personal property therefrom. In the event Subtenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this Sublease, Subtenant shall indemnify and hold harmless remain liable to Sublandlord in respect for any loss or damage suffered by the Sublandlord because of any and all default of Subtenant, including without limitation the holdover charges or penalties imposed under the Xxxxxxxxx upon Sublandlord rent set forth in respect Article 17 of the entire Subleased Prime Lease captioned "Notice of Surrender/Holdover". Subtenant shall immediately remove all personal property of Subtenant remaining upon the Premises and in respect at the expiration or earlier termination of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out of such holdover of the Subleased PremisesSublease. Any holding over personal property of Subtenant remaining upon the Premises after the expiration or earlier termination of this Sublease may, at the option of the Sublandlord, be deemed to have been abandoned by Subtenant and may be retained by Sublandlord as its property, or be disposed of, without the written consent of accountability by Sublandlord in such manner as it deems appropriate. Subtenant shall be construed responsible to be a tenancy from month to month and Subtenant shall pay a holdover charge Sublandlord for each month any cost or partial month that Subtenant remains expense incurred by Sublandlord in disposing of Subtenant's personal property remaining on the Subleased Premises after the Sublease Expiration Date expiration or earlier termination, such holdover charge to be equal to [***]% of the Rent under the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the terms and conditions termination of this Sublease. Any holding If Subtenant holds over without Sublandlord's written consent at the Premises after the expiration or earlier termination of the Prime Lease, the provisions of Article 17 of the Prime Lease shall constitute a default by control. If Subtenant holds over at the Premises after the expiration or earlier termination of this Sublease, then, in addition to the rights and entitle Sublandlord to exercise any remedies set forth herein above, Subtenant shall pay to Sublandlord 150% of the base rent that was due from Subtenant under this Sublease immediately prior to the expiration or available under and other applicable lawtermination of the Sublease.

Surrender and Holding Over. 16.1 Upon the expiration of the Sublease Term, or if, at any time prior to such expiration, this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall remove all of its personal property therefrom. In the event Subtenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this SubleaseLease, Subtenant Tenant shall indemnify peaceably leave and hold harmless Sublandlord surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in respect the same condition in which the Leased Premises were originally received from Landlord at the commencement of this Lease, except as to any repair or Alteration as permitted or required by any provision of this Lease, and all holdover charges except for ordinary wear and tear and damage by fire, casualty or penalties imposed under condemnation but only to the Xxxxxxxxx upon Sublandlord in respect extent Tenant is not required to repair the same hereunder. Tenant may remove at Tenant's sole cost and expense from the Leased Premises on or prior to such expiration or earlier termination Tenant's Trade Fixtures and personal property which are owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Tenant's Trade Fixtures and personal property not so removed at the end of the entire Subleased Premises Term or within fifteen (15) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. Landlord shall not in respect any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, Landlord as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out a result of such holdover of the Subleased Premisesexpiration or earlier termination. Upon such expiration or earlier termination, no party shall have any further rights or obligations hereunder except as specifically provided herein. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Sublease without Lease or any extensions thereof, with the written consent of Sublandlord Landlord, shall operate and be construed to be a as tenancy from month to month and Subtenant shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier terminationonly, such holdover charge to be equal to [***]% at one hundred fifty percent (150%) of the Basic Rent under reserved herein and upon the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the same terms and conditions of as contained in this SubleaseLease. Any Notwithstanding the foregoing, any holding over without SublandlordLandlord's written consent shall constitute entitle Landlord, in addition to collecting Basic Rent at a default by Subtenant and entitle Sublandlord rate of one hundred fifty percent (150%) thereof, to exercise any all rights and remedies set forth herein provided by law or available under and other applicable lawin equity, including the remedies of Section 20. 24.

Surrender and Holding Over. 16.1 Upon the expiration of the Sublease Term, or if, at any time prior to such expiration, this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall remove all of its personal property therefrom. In the event Subtenant does not completely vacate the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date or earlier termination of this SubleaseLease, Subtenant Tenant shall indemnify peaceably leave and hold harmless Sublandlord surrender the Leased Premises to Landlord in respect of good condition, reasonable wear and tear excepted. Tenant may remove at Tenant's sole cost and expense from the Leased Premises on or prior to such expiration or earlier termination Tenant's trade fixtures and personal property which are owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Tenant's trade fixtures and all holdover charges or penalties imposed under personal property not so removed at the Xxxxxxxxx upon Sublandlord in respect end of the entire Subleased Premises Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. Landlord shall not in respect any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, Landlord as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out a result of such holdover of the Subleased Premisesexpiration or earlier termination. Upon such expiration or earlier termination, no party shall have any further rights or obligations hereunder except as specifically provided herein. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Sublease without Lease or any extensions thereof, with the written consent of Sublandlord Landlord, shall operate and be construed to be a as tenancy from month to month and Subtenant shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier terminationonly, such holdover charge to be equal to [***]% at one hundred fifty percent (150%) of the Basic Rent under reserved herein and upon the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the same terms and conditions of as contained in this SubleaseLease. Any Notwithstanding the foregoing, any holding over without SublandlordLandlord's written consent shall constitute entitle Landlord, in addition to collecting Basic Rent at a default by Subtenant and entitle Sublandlord rate of one hundred fifty percent (150%) thereof, to exercise any all rights and remedies set forth herein provided by law or available under and other applicable lawin equity, including the remedies of Section 20.

Surrender and Holding Over. 16.1 Upon (A) At the expiration or sooner termination of the Sublease Termtenancy hereby created, Tenant shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereof to Tenant, reasonable wear and tear excepted, and damage by unavoidable casualty excepted to the extent that the same is covered by Landlord’s Property insurance policy, and Tenant shall surrender all keys for the Leased Premises to Landlord and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Leased Premises. Prior to the expiration or sooner termination of this Lease, Tenant shall remove any and all trade fixtures, equipment and other unattached items which Tenant may have installed, stored or left in the Leased Premises or elsewhere in the Shopping Center, and Tenant shall not remove any plumbing or electrical fixtures or equipment, heating or air conditioning equipment, floor coverings (including but not limited to wall-to-wall carpeting), walls or ceilings, all of which shall be deemed to constitute a part of the freehold and/or leasehold interest of Landlord, nor shall Tenant remove any fixtures or machinery that were furnished or paid for by Landlord (whether initially installed or replaced). The Leased Premises shall be left in a broom-clean condition. If Tenant shall fail to remove its trade fixtures or other property as provided in this Article 19, such fixtures and other property not removed by Tenant shall be deemed abandoned by Tenant and at the option of Landlord shall become the property of Landlord, or ifat Landlord’s option may be removed by Landlord at Tenant’s expense, or placed in storage at any time prior Tenant’s expense, or sold or otherwise disposed of, in which event the proceeds of such sale or other disposition shall belong to such expiration, this Sublease shall be terminated for any reason, Subtenant shall immediately quit and surrender up to Sublandlord possession of the Subleased Premises, and Subtenant shall remove all of its personal property therefromLandlord. In the event Subtenant Tenant does not completely vacate make any repairs as required by this Article 19(A), Tenant shall be liable for and agrees to pay Landlord’s costs and expenses in making such repairs. Tenant’s obligations and covenants under this Article 19(A) shall survive the Subleased Premises (including the removal of all personal property and fixtures required to be removed and the return of the Subleased Premises to Sublandlord in the condition required under the Xxxxxxxxx) by the Sublease Expiration Date expiration or earlier termination of this Sublease, Subtenant shall indemnify and hold harmless Sublandlord in respect of any and all holdover charges or penalties imposed under the Xxxxxxxxx upon Sublandlord in respect of the entire Subleased Premises and in respect of any and all costs, liabilities or expenses (including attorneys fees) suffered by Sublandlord in respect of same, as and when such costs, liabilities or expenses are incurred. In this regard, Subtenant shall, if requested by Sublandlord, in Sublandlord's sole discretion, defend Sublandlord against any action or proceeding brought against Sublandlord which arises out of such holdover of the Subleased Premises. Any holding over after the expiration or earlier termination of this Sublease without the written consent of Sublandlord shall be construed to be a tenancy from month to month and Subtenant shall pay a holdover charge for each month or partial month that Subtenant remains in the Subleased Premises after the Sublease Expiration Date or earlier termination, such holdover charge to be equal to [***]% of the Rent under the Xxxxxxxxx in effect at such time, and shall otherwise be subject to the terms and conditions of this Sublease. Any holding over without Sublandlord's written consent shall constitute a default by Subtenant and entitle Sublandlord to exercise any remedies set forth herein or available under and other applicable lawLease.