Common use of Surrender and Holding Over Clause in Contracts

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) 19.1 Upon the expiration termination of this Lease, whether by forfeiture, lapse of time or earlier otherwise, or upon termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Landlord, in good condition and repair, reasonable wear and tear and damage by casualty and condemnation excepted. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment, and all alterations. All permanent alterations, additions and improvements made in or upon the Premises by Tenant shall become Landlord's property and shall remain upon the Premises on any such termination without compensation, allowance or credit to Tenant. 19.2 Upon the termination of this Lease, Tenant shall peaceably leave remove Tenant's personal property, trade fixtures and surrender equipment; provided, however, that Tenant shall repair any injury or damage to the Leased Premises which may result from such removal and shall restore the Premises to Landlord in “broom clean” the same condition as existed prior to the installation thereof. If Tenant does not remove Tenant's personal property, trade fixtures and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove equipment from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term 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 business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord within thirty (30) days of demand therefor. 19.3 Tenant shall have no right to occupy the Premises or any portion thereof after the expiration of this Lease or after the termination of this Lease or of Tenant's right to possession pursuant to Article XII hereof. In the event Tenant or any extensions thereofparty claiming by, with through or under Tenant holds over, Landlord may exercise any and all remedies available to it at law or in equity to recover possession of the consent Premises, and for direct damages; provided, however, that Landlord shall not be entitled to recover, and hereby expressly waives any right to recover, consequential damages. Notwithstanding anything contained herein to the contrary, in the event Tenant or any party claiming by, through or under Tenant holds-over after the expiration of Landlordthe Term, Landlord may elect, in lieu of any other remedy provided by law or herein, that the same shall operate and be construed constitute a month-to-month tenancy upon the same terms as tenancy from month in this Lease at a rate of rent equal to month only, at one hundred fifty twenty five percent (150125%) of the Basic Monthly Rent reserved herein and upon for the same terms and conditions as contained month in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding which the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)Term expires.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this LeaseLease with respect to any Leased Property, Tenant shall peaceably leave and surrender the such Leased Premises Property to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this LeaseLandlord. Tenant shall remove from the each Leased Premises Property on or prior to such expiration or earlier termination the all Trade Fixtures and personal property which is 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. All Trade Fixtures and personal property not so removed at the expiration end of the Term or within thirty days after the earlier termination of the Term with respect to any Leased Property for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the such Leased PremisesProperty. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises Property 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the any Leased Premises Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty ten percent (150110%) of the Basic Rent reserved herein for such Leased Property and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the a rate set forth in this subsection of one hundred ten percent (b)110%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this LeaseLandlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the all Trade Fixtures and personal property which is 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. All Trade Fixtures and personal property not so removed at the expiration end of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty ten percent (150110%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the a rate set forth in this subsection of one hundred ten percent (b)110%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

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 (aincluding 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) Upon 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 LeaseSublease 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, Tenant shall peaceably leave and surrender such holdover charge to be equal to [***]% of the Leased Premises to Landlord Rent under the Xxxxxxxxx in “broom clean” and in good condition and repair, ordinary wear and tear exceptedeffect at such time, and shall otherwise in accordance with be subject to the terms and conditions of this LeaseSublease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s Sublandlord's written consent shall constitute a default by Subtenant and entitle Landlord, in addition Sublandlord to collecting Basic Rent at the rate exercise any remedies set forth in this subsection (b), to exercise all rights herein or available under and remedies provided by law or in equity, including the remedies of Paragraph 19(b)other applicable law.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this LeaseLandlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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, provided that (i) Tenant shall not be required to remove any sprinkler systems or solar panels installed in the Leased Premises during the Term and (ii) Tenant shall only be obligated to remove the racking installed in the Leased Premises if required by Landlord pursuant to a written demand delivered to Tenant on or before the forty-fifth (45th) day prior to such expiration or earlier termination. Trade Fixtures and personal property not so removed at the expiration of the Term or within thirty (30) days after the expiration or 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. The cost of removing and disposing of such property (other than sprinkler systems or solar panels installed in the Leased Premises during the Term or racking installed in the Leased Premises unless required to be removed by Landlord pursuant to the second sentence of this Section 23(a)) and repairing any damage to any of the 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. Notwithstanding anything to the contrary contained in this Paragraph 23(a)Lease, Tenant at no time either during or after the Term shall not be obligated Landlord have any rights in or with respect to Tenant’s inventory (other than the right to remove any safe or vault located on it from the Leased Premises nor shall it be responsible for at Tenant’s expense if Tenant has not done so within thirty (30) days after the cost expiration or termination of the Term, provided that such removal or disposal complies with the requirements of any safe or vault nor for Landlord Waiver, to the cost of repairing any damage caused by the removal of any safe or vault by the Landlordextent executed pursuant to Section 20(c)). (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred twenty-five percent (125%) of the Basic Rent in effect immediately prior to such expiration or termination for the first three (3) months and at one hundred fifty percent (150%) of the Basic Rent reserved herein in effect immediately prior to such expiration or termination thereafter and upon the same terms and conditions as contained in this Lease. In addition, Tenant provided that there shall be liable to no such increase during any period which Landlord and Tenant are engaged in negotiations with one another regarding an amendment or extension of this Lease, or for and shall indemnify Landlord from and against a new lease for some or all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delaythe Leased Premises. Notwithstanding the foregoing, (i) any holding over without Landlord’s consent beyond the first three (3) months shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b)the previous sentence, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph Section 19(b)) and (ii) in the event that Landlord has notified Tenant in writing that Landlord has relet the Leased Premises or any part thereof at least thirty (30) days prior to the commencement of such new lease and Tenant has not vacated the Leased Premises in accordance with the terms of this Lease on or before such commencement date, Tenant shall be liable to Landlord for any and all damages, including any consequential damages, suffered by Landlord as a result of Tenant’s holding over.

Surrender and Holding Over. (a) Upon At the expiration or earlier termination of this LeaseSublease, Tenant Subtenant shall peaceably leave quit and surrender the Leased Subleased Premises to Landlord in “broom clean” and in as good condition and repairas it was at the beginning of the Sublease Term or as thereafter improved, ordinary reasonable wear and tear and damage by casualty excepted, and otherwise in accordance shall, to the extent not inconsistent with any specific provision of this Sublease, comply with all of the terms and conditions of this Leasethe Master Lease regarding surrender of the Premises. Tenant Without limitation of any of the foregoing, Subtenant shall remove from the Leased Premises on or prior to such before the expiration or earlier termination the Trade Fixtures and of this Sublease, (i) remove all of Subtenant’s personal property which is 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; (ii) at Sublandlord’s request, or if required by Master Landlord, remove all additions, alterations and changes made to the Subleased Premises by or on behalf of Subtenant and repair any damage caused thereby; and (iii) remove all trash and broom sweep the Subleased Premises. Trade Fixtures and If any personal property not so removed of Subtenant shall remain in the Subleased Premises after the termination of this Sublease, at the election of Sublandlord, (x) it shall be deemed to have been abandoned by Subtenant and may be retained by Sublandlord as its own property; or (y) such property may be removed and disposed of by Sublandlord at the expense of Subtenant. Subtenant’s obligation to observe or perform under this Paragraph 15 shall survive the expiration or earlier termination of this Sublease. (b) If Subtenant fails to surrender the Term Subleased Premises in the condition required hereunder on the expiration or within thirty days after the earlier termination of the Term for any reason whatsoever Sublease, such holding over shall become the property of Landlordrender Subtenant a tenant-at-sufferance only, and Landlord may thereafter cause such property shall be subject to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any all of the Leased Premises caused terms and provisions of this Sublease, and Subtenant shall pay to Sublandlord the greater of (i) any amounts owed by such removal shall be borne by Tenant. Landlord shall not in any manner or Sublandlord to any extent be obligated to reimburse Tenant for any property which becomes the property of Master Landlord as a result of such expiration Subtenant’s holding over; or earlier termination. Notwithstanding anything (ii) monthly holdover Base Rent equal to 200% of the contrary Base Rent payable in the last month of the Sublease Term plus any Additional Rent as set forth in this Paragraph 23(a)Sublease; provided, Tenant however, that if Subtenant’s holdover shall not be obligated the sole cause of Sublandlord’s holdover under the Master Lease, Subtenant shall pay as use and occupation each month an amount equal to remove any safe or vault located on twice the Leased Premises nor shall it be responsible monthly Base Rent plus Additional Rent and all other charges due for the cost of removal or disposal of any safe or vault nor Entire Premises under the Master Lease for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after last full calendar month preceding the expiration or earlier termination of the term of this Lease or the Master Lease, plus any extensions thereof, and all other costs and expenses incurred by Sub landlord in connection with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)holdover.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Leasethe Term, Tenant shall peaceably leave (i) deliver and surrender the Leased Premises to Landlord in “possession of the Premises broom clean” and , free of debris, in good order, condition and repair, state of repair (except ordinary wear and tear exceptedtear), (ii) subject to any Landlord rights under this Lease or at law, remove all of Tenant’s movable furniture, trade fixtures or other personal property including interior and exterior signage, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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, and (iii) deliver the keys (and any combinations, as applicable) to the Premises to Landlord. Trade Fixtures 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 personal property not so removed 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 Premises at the expiration or earlier termination of this Lease unless otherwise requested by Landlord in writing. If not sooner terminated as herein provided, this Lease shall terminate at the end of the Term without the necessity of notice from either Landlord or within thirty days after Tenant to terminate same, Tenant hereby waiving notice to vacate the earlier termination Premises and agreeing that Landlord shall be entitled to the benefit of all provisions of law respecting the summary recovery of possession of the Term for any reason whatsoever shall become the property of LandlordPremises from a tenant holding over. Should Tenant, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to or any of its successors in interest, hold over the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in or 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises part thereof after the expiration or earlier termination of the term of this Lease or any extensions thereofwith Xxxxxxxx’s prior written consent, with the consent of Landlord, such holding over shall operate constitute and be construed as a tenancy from month to month only, at one a monthly rent equal to two hundred fifty percent (150200%) of the Basic Base Rent reserved herein payable for the final month of the Term of this Lease and otherwise upon the same terms and conditions as contained 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 Lease. In additionThe 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 be liable to indemnify and hold Landlord for and shall indemnify Landlord harmless for, from and against all Claims that Landlord suffers as a result of such holding overclaims, damages, including consequential damages, loss and liability, including without limitation, any claims claim made by any succeeding occupant or purchaser founded on tenant resulting from such delay. Notwithstanding the foregoing, failure to surrender by Xxxxxx and any holding over without Landlord’s consent shall entitle Landlord, in addition attorneys’ fees and costs incurred by Landlord with respect to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)any such claim.

Surrender and Holding Over. (a) 17.1 Upon termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon termination of Tenant's right to possession of the expiration or earlier Premises, Tenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Landlord, in good condition and repair, reasonable wear and tear and damage by casualty and condemnation excepted. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment, and all alterations. 17.2 Upon termination of this Lease, Tenant shall peaceably leave remove Tenant's personal property, trade fixtures and surrender equipment (to the Leased extent the same do not constitute an integral part of the Premises); provided, however, that Tenant shall repair any injury or damage to the Premises which may result from such removal and shall restore the Premises to Landlord in “broom clean” the same condition as existed prior to the installation thereof. If Tenant does not remove Tenant's personal property, trade fixtures and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove equipment from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term Term, Landlord, upon five (5) 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 business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord within thirty (30) days after demand therefor. 17.3 Tenant shall have no right to occupy the Premises or any portion thereof after the expiration of this Lease or after the termination of this Lease or of Tenant's right to possession pursuant to Article 10 hereof. In the event Tenant or any extensions thereofparty claiming by, with through or under Tenant holds over, Landlord may exercise any and all remedies available to it at law or in equity to recover possession of the consent Premises, and for damages. Notwithstanding anything contained herein to the contrary, in the event Tenant or any party claiming by, through or under Tenant holds over after the expiration of Landlordthe Term, Landlord may elect, in lieu of, or in addition to, any other remedy provided by law or herein, that the same shall operate and be construed constitute a month-to-month tenancy upon the same terms as tenancy from month in this Lease at a rate of Rent equal to month only, at one hundred and fifty percent (150%) of the Basic monthly Rent reserved herein and upon for the same terms and conditions as contained month in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding which the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)Term expires.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this LeaseLandlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty twenty-five percent (150125%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b)the previous sentence, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord Landlord. Upon such surrender, the Leased Premises shall be in the condition required after giving effect to the maintenance standards set forth in Paragraph 11 of this Lease and to the other provisions of this Lease, it being understood that in no event shall Tenant be required to return the Leased Premises in “broom cleanas new” and in good condition; the condition and repair, of the Leased Premises may reflect the ordinary wear and tear excepted, and otherwise that would be reasonably expected in accordance connection with the terms and conditions use of the Leased Premises as a Facility for the period of time from the date of this LeaseLease to the date of such surrender. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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 PremisesPremises and disposed of as Landlord deems appropriate. The cost of removing and disposing of such property (but not storage charges) and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at (i) the Basic Rent then payable under this Lease for the first thirty (30) days of such holdover and (ii) thereafter, one hundred fifty twenty-five percent (150125%) of the Basic Rent reserved herein herein, and upon the same terms and conditions as contained in this Lease. In additionaddition to the holdover rent payable pursuant to the preceding sentence, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims in the event that Landlord suffers has entered into any agreement to lease or sell the Leased Premises and, as a result of such holding overa holdover beyond thirty (30) days, Landlord suffers any damages, including without limitationany consequential damages, related thereto as a result of any claims made holding over by any succeeding occupant or purchaser founded on Tenant, then Tenant shall pay such delaydamages to Landlord upon demand. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b)the previous sentence, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, in repair and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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 PremisesPremises in accordance with Applicable Laws. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred twenty-five percent (125%) of the Basic Rent reserved herein for the first two (2) months of any such holding over and at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Tenant shall have the right to request that Landlord provide to Tenant a written notice setting forth Landlord’s estimate of the maximum amount of actual, special and consequential damages (including loss of profits, loss of business opportunity, loss of goodwill and loss of use) (“Holding Over Damages”) that Landlord will incur as the result of Xxxxxx’s failure to surrender the Lease Premises following the expiration of the Initial Term or any Xxxxxxx Xxxx. Within ten (10) Business Days after receipt of such request, Landlord shall provide Tenant a written notice setting forth Landlord’s estimate of Holding Over Damages. Tenant acknowledges and agrees that such notice is nothing more than an estimate of Holding Over Damages delivered to Tenant on an accommodation basis only, and in no event shall such estimate be considered a limit on, liquidation of, or other measure of the actual Holding Over Damages which Landlord may incur as a result of any holding over by Tenant. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) Upon 19.1 Subject to the expiration provisions of Section 12.4 of this Lease, on the Expiration Date or on any earlier termination of this Lease or on any lawful reentry by Landlord on the Premises, Tenant shall quit and surrender the Premises to Landlord “broom clean” and in the same order, condition and repair as on the Commencement Date, except for ordinary wear and tear, damage or destruction by fire and other casualty which Tenant is not obligated to repair or restore under this Lease, and Tenant shall remove all Tenant’s Property therefrom except as otherwise expressly provided in this Lease and Tenant shall comply in all respects with Section 12.3 of this Lease. No act or thing done by Landlord or its agents or employees shall be deemed an acceptance of a surrender of this Lease or the Premises, and no agreement to accept such surrender shall be valid unless in writing and signed by Landlord. 19.2 Subject to the provisions of Section 12.4 of this Lease, if possession of the Premises is not surrendered to Landlord on the Expiration Date or sooner termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises pay to Landlord for each month (or part thereof) during which Tenant holds over in “broom clean” the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) one and one-half (1 and 1/2) times the Base Rent and Additional Rent payable under this Lease for the last full calendar month of the term and (ii) the then Fair Market Rent (determined in good condition the same manner as set forth in Article 32 of this Lease) attributable to the Premises, the collection of which sums shall be treated as liquidated damages and repairbe the sole remedy to Landlord, ordinary wear provided that Tenant shall also indemnify Landlord against any actual realized damages incurred by Landlord as a result of the failure of Landlord to deliver any portion of the Premises in a timely manner to a third party tenant pursuant to an executed, valid and tear exceptedbinding existing lease of such portion of the Premises between Landlord and such third party tenant, a copy of which has been provided to Tenant not less than one hundred twenty 120 days in advance of the Expiration Date; provided that any claim by Landlord under this Section 19.2 shall be reduced by the amount of damage that could have been avoided by Tenant had such one hundred twenty 120 day notice been provided as required above. Nothing contained in this Section 19.2 shall (i) imply any right of Tenant to remain in the Premises after the termination of this Lease without the execution of a new lease, (ii) imply any obligation of Landlord to grant a new lease or (iii) be construed to limit any right or remedy that Landlord has against Tenant as a holdover tenant or trespasser. Immaterial amounts of Tenant’s Property remaining on the Premises shall not, in and otherwise of itself, constitute a holding over of the Premises by Tenant, subject to the provisions of Section 12.2 of this Lease. 19.3 Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in accordance force, in connection with any holdover proceedings which Landlord may institute to enforce the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (aA) Upon At the expiration or earlier sooner termination of the tenancy 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 peaceably leave remove any and surrender all trade fixtures, equipment and other unattached items which Tenant may have installed, stored or left in the Leased Premises to Landlord or elsewhere in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than LandlordShopping Center, and Tenant at 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 expense shalltrade fixtures or other property as provided in this Article 19, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures fixtures and personal other property not so removed by Tenant shall be deemed abandoned by Tenant and at the expiration option of the Term or within thirty days after the earlier termination of the Term for any reason whatsoever Landlord shall become the property of Landlord, and Landlord or at Landlord's option may thereafter cause such property to be removed from by Landlord at Tenant's expense, or placed in storage at Tenant's expense, or sold or otherwise disposed of, in which event the Leased Premises. The cost of removing and disposing proceeds of such property and repairing sale or other disposition shall belong to Landlord. In the event Tenant does not make any damage to any of the Leased Premises caused repairs as required 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. Notwithstanding anything to the contrary in this Paragraph 23(aArticle 19(A), Tenant shall not be obligated liable for and agrees to remove any safe pay Landlord's costs and expenses in making such repairs. Tenant's obligations and covenants under this Article 19(A) shall survive the expiration or vault located on the Leased Premises nor shall it be responsible for the cost termination of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlordthis Lease. (bB) Any holding over by If Tenant or anyone claiming under Tenant remains in possession of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereofTerm, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant that person shall be liable to Landlord for a tenant at sufferance; and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of during such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent Base Rent shall entitle Landlord, in addition to collecting Basic Rent at be twice the rate set forth which was in effect immediately prior to the Lease Term expiration, which Landlord may collect without admission that Tenant's estate is more than a tenancy at sufferance, and all the other provisions of this subsection (b), Lease shall apply insofar as the same are applicable to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)a tenancy at sufferance.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this LeaseLandlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the Term or within thirty ninety (90) 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty ten percent (150110%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting monthly Basic Rent at the rate set forth in this subsection (b)the previous sentence, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) Upon the expiration date or earlier termination of this LeaseSublease, Tenant Subtenant shall peaceably leave and surrender the Leased Premises to Landlord in “Sublandlord "broom clean” " and in as good order, condition and repairrepair as upon the Commencement Date, ordinary reasonable wear and tear excepted. Unless the Prime Landlord and Sublandlord authorize the Subtenant in writing to leave the linear accelerator in place, Subtenant is responsible to remove and otherwise dispose of the accelerator in accordance with [S]with law, at Subtenant’s sole expense, upon the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration date or earlier termination of this Sublease. In addition, Subtenant shall remove all other property of the Trade Fixtures Subtenant from the Premises, except plumbing and personal property which is owned by Tenant or third parties other than Landlordfixtures and leasehold renovations alterations, and Tenant at its expense shallimprovements (if any) which may have been installed by the Subtenant and except as otherwise provided in this Sublease, on or prior to such expiration or earlier termination, and shall repair any damage caused by such removalremoval of any property which Subtenant is permitted to remove. Trade Fixtures and personal Any other property not so removed at left on the Premises after the expiration of the Term or within thirty days after the earlier other termination of the Term for any reason whatsoever shall become the property this Sublease may be disposed of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not Sublandlord in any manner or and without any liability 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the LandlordSubtenant. (b) Any holding over by Tenant If Subtenant retains possession of the Leased Premises or any part thereof after the expiration date or earlier termination date, Subtenant shall pay Rent to Sublandlord in an amount equal to 125% of the term of this Lease or any extensions thereof, with Rent in effect in the consent of Landlord, shall operate and be construed as tenancy from immediately preceding month to month only, at one hundred fifty percent (150%) of for the Basic Rent reserved herein and upon the same terms and conditions as contained time that Subtenant remains in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlordpossession and, in addition to collecting Basic Rent thereto, shall pay Sublandlord for all damages, consequential as well as direct, sustained by reason of the Subtenant's retention of possession. If Subtenant remains in possession of the Premises or any part thereof after the expiration of the Lease Term, such holding over shall, at the rate set forth election of Sublandlord expressed in a written notice to Subtenant, constitute a renewal of this Sublease on a month-to- month basis at the Rent provided for in this subsection Sublease. Any such renewal may not exceed six (b)6) months’ holdover period without execution of an extension, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).renewal,

Surrender and Holding Over. (a) 18.1 Upon the expiration or earlier termination of the Lease Term for whatever cause, or upon the exercise by Landlord of its right to re-enter the Leased Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably leave and surrender to Landlord possession of the Leased Premises to Landlord in “"broom clean” " and in good order, condition and repair, except only for ordinary wear and tear exceptedtear, 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 otherwise in accordance with all persons or firms claiming by, through or under Tenant and all of their property, from the terms Leased Premises, and conditions of this Lease. Tenant shall may remove from the Leased Premises on and store (without any liability for loss, theft, damage or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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 destruction thereto) any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration of the 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 Premisesat Tenant's cost and expense. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not For so long as Tenant remains 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant 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 expiration or earlier termination Leased Premises as a tenant-at-sufferance, subject to all of the term 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, termination or exercise by Landlord. No such holding over shall extend the Lease or any extensions thereofTerm. If Tenant fails to surrender possession of the Leased Premises in the condition herein required, with the consent of Landlord, shall operate and be construed as tenancy from month to month onlyLandlord may, at one hundred fifty percent (150%) of Tenant's expense, restore the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Leased Premises to such condition. 18.2 Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result loss or damage on account of any such holding overover against Landlord's will after the termination of this Lease, including without limitation, any claims made by any succeeding occupant whether such loss or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent damage may be contemplated at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law time or in equity, including the remedies of Paragraph 19(b)not.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this LeaseLandlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the all Trade Fixtures and personal property which is 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. All Trade Fixtures and personal property not so removed at the expiration end of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty ten percent (150110%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s 's consent shall entitle Landlord, in addition to collecting Basic Rent at the a rate set forth in this subsection of one hundred ten percent (b)110%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in “broom clean” 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 in good condition and repair, except for ordinary wear and tear exceptedand damage by fire, and otherwise in accordance with casualty or condemnation but only to the terms and conditions of this Leaseextent Tenant is not required to repair the same hereunder. Tenant shall may remove at Tenant's sole cost and expense from the Leased Premises on or prior to such expiration or earlier termination the Tenant's Trade Fixtures and personal property which is 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 expiration end of the Term or within thirty 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a)Upon such expiration or earlier termination, Tenant no party shall not be obligated to remove have any safe further rights or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) 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 Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s 's consent shall entitle Landlord, in addition to collecting Basic Rent at the a rate set forth in this subsection of one hundred fifty percent (b)150%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)Section 20. 24.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except for any portion thereof with respect to which this Lease has previously terminated) to Landlord in “broom clean” and the same condition in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with which the terms and conditions 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 shall may remove from the Leased Premises Land and Improvements on or prior to such expiration or earlier termination the Trade Fixtures all personal property, trade fixtures, machinery and personal property equipment owned by Tenant situated thereon which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, termination repair any damage caused by such removal. Trade Fixtures and personal property Property not so removed at the expiration end of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on commit waste of the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Premises. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term Term of this Lease or any extensions thereof, with the consent of Landlord, thereof shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Base Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b)rentals, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b21(b).

Surrender and Holding Over. (a) Upon 15.1 Prior to expiration of this Sublease, Subtenant shall surrender the Subleased Premises to Sublandlord in the same condition existing at the Commencement Date, ordinary wear and tear, Sublandlord’s or Master Landlord’s alterations and repair and maintenance obligations, casualties, condemnation, and alterations or other interior improvements made by Sublandlord, excepted. 15.2 If Subtenant fails to surrender the Subleased Premises at the expiration or earlier termination of this LeaseSublease, Tenant occupancy of the Subleased Premises after the termination or expiration shall peaceably leave and surrender be that of a tenancy at sufferance. Subtenant’s occupancy of the Leased Subleased Premises during the holdover shall be subject to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with all the terms and conditions provisions of this LeaseSublease and Subtenant shall pay an amount equal to 200% of the sum of the Base Rent and Additional Rent due for the period immediately preceding the holdover. Tenant shall remove from No holdover by Subtenant or payment by Subtenant after the Leased Premises on or prior to such expiration or earlier early termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior of this Sublease shall be construed to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration of extend the Term or within thirty days after the earlier termination prevent Sublandlord from immediate recovery of possession of the Term Subleased Premises by summary proceedings or otherwise. In addition to the payment of the amounts provided above, if Subtenant holds over for any reason whatsoever shall become a period in excess of thirty (30) days beyond the property Expiration Date and Sublandlord is unable to deliver possession of the Subleased Premises to a new subtenant or to Landlord, and Landlord as the case may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner be, or to any extent be obligated to reimburse Tenant perform improvements for any property which becomes the property of Landlord a new subtenant, as a result of such expiration or earlier termination. Notwithstanding anything to the contrary in this Paragraph 23(a)Subtenant’s holdover, Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant Subtenant shall be liable to Sublandlord for all out-of-pocket damages, including, without limitation, consequential damages, that Sublandlord suffers from the holdover; Subtenant expressly acknowledges that such damages may include all of the holdover rent charged by Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers under the Master Lease as a result of such holding overSubtenant’s holdover, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding which Master Lease holdover rent may apply to the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)entire Master Lease Premises.

Surrender and Holding Over. Tenant shall deliver up and surrender to Landlord possession of the Leased Premises upon the expiration of the Lease, or its sooner termination in any way, in as good condition and repair as the same shall be at the commencement of the original Term (adamage by fire and other perils covered by standard fire and extended coverage insurance and ordinary wear and decay excepted). It shall be the absolute obligation of Tenant to remove Tenant’s sign(s) Upon from the exterior of the Leased Premises and to repair all damage resulting from the installation, existence and removal of such sign(s) including, but not limited to, the removal and/or repair, to Landlord’s complete satisfaction, of all holes created in the exterior of the Leased Premises as a result of all lines, conduits and fasteners used in connection with the installation, existence and/or removal of such sign(s). If such repair and/or removal or replacement is not completed within two (2) weeks after expiration or earlier termination of the Lease, Tenant hereby grants to Landlord any and all necessary or required permission(s), consent(s), license(s), approval(s) and easement(s) in order for Landlord to remove the sign(s) and perform the necessary repairs and/or replacements, with the cost thereof subtracted from any security deposit, and if in excess of any security deposit, hold Tenant liable for payment or repayment of such costs. It is the intention of the parties that Landlord, at the expiration of the Term, or any extension thereof, shall become the sole and absolute owner of the Leased Premises, free of any right, title, interest or estate of Tenant therein, without the execution of any further instruments and without payment of any money or other consideration thereof. Tenant shall, however, execute such further instruments of conveyance as may be requested by Landlord. Subject to numbered Sections 22 and 35 below, Landlord and Tenant mutually agree that all goods, effects, personal property, business and trade fixtures, machinery, mechanical equipment, electrical equipment and movable partitions owned or installed by Tenant at Tenant’s expense shall remain the personal property of Tenant and may be removed by Tenant at the expiration or earlier termination of this Lease, provided that Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to ln removing any of such expiration or earlier terminationproperty, repair any all damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration of the 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 No agreement to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any accept a surrender of the Leased Premises caused by such removal prior to the natural expiration of the Term, or any extension thereof, shall be borne valid and binding against Landlord unless such agreement shall be in writing and signed by TenantLandlord. Landlord shall not Should Tenant remain 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant possession of the Leased Premises after the expiration or earlier termination of this Lease, no tenancy or interest in the term Leased Premises shall result therefrom but, at Landlord’s option, such holding over shall be an unlawful detainer or a tenancy at sufferance on a month to month basis except that all terms, covenants and conditions of this Lease or any extensions thereofapplicable thereto, with the consent of including, without limitation, those set forth ln this subsection shall apply, and all such parties shall be subject to immediate eviction and removal, and Tenant shall, upon demand, pay to Landlord, as liquidated damages, a sum equal to double the Base Rent then in effect for any period during which Tenant shall operate and be construed hold the Leased Premises after the stipulated Term of this Lease may have terminated. No option to extend or renew the Lease shall have been deemed to occur as tenancy from month to month only, at one hundred fifty percent (150%) a result of the Basic Rent reserved herein and upon the same terms and conditions as contained in this LeaseTenant’s holdover. In additionaddition to the increased amounts (the sum equal to double the Base Rent) set forth herein, Tenant shall be liable to Landlord for and shall indemnify all costs, losses, claims or liabilities (including legal fees) which Landlord from and against all Claims that Landlord suffers may incur in dispossessing Tenant as a result of such holding over, including without limitation, any claims made by any succeeding occupant Tenant’s failure to surrender possession of the Leased Premises to Landlord upon expiration or purchaser founded on such delayearlier termination of the Lease. Notwithstanding the foregoing, any No holding over without Landlordby Tenant or payment of money by Tenant to Landlord after termination of this Lease in any manner, or after the giving of any notice by Landlord to Tenant, shall reinstate, continue or extend the Term, or any extension thereof, of this Lease or affect any notice given to Tenant prior to the payment of such money, it being agreed that after the service of notice or the commencement of a suit or after the final judgment granting Landlord possession of said Leased Premises, Landlord may receive and collect any sums of Base Rent and Additional Rent due, and Xxxxxxxx’s consent acceptance of such sums of money, whether as Base Rent, Additional Rent or otherwise, shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law not waive such notice or in equity, including the remedies of Paragraph 19(b)any manner affect any pending suit or any Judgment theretofore obtained.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance any portion thereof with the terms and conditions of respect to which this LeaseLease has previously terminated) to Landlord. Tenant shall may remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than LandlordTenant, and Tenant at its expense shall, on or prior to such expiration or earlier terminationTermination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration end of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term Term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty twenty-five percent (150125%) of the Basic Rent reserved herein herein, and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the a rate set forth in this subsection of one hundred twenty-five percent (b)125%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b19 (b). Nothing contained in this Paragraph 23(b) shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Leased Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Paragraph 23(b) shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave deliver up and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration possession of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after upon the expiration or earlier termination of the term 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 Lease shall terminate at the end of the Lease Term without the necessity of notice from cither Landlord or Tenant to terminate the same; Tenant hereby waiving notice to vacate the Premises and agreeing that Landlord shall be entitled to the benefit of all provisions of law respecting the summary recovery of possession of premises from a tenant holding over to the same extent as if statutory notice had been given. If Tenant or any party claiming under Tenant remains in possession of the Premises, or any part thereof, after any termination of this Lease Lease, no tenancy or any extensions thereofinterest in the Premises shall result therefrom, with unless Landlord ejects as hereinafter provided, but such holding over shall be an unlawful detainer and all such parties shall be subject to immediate eviction and removal. If, without the 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 such holdover, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) percent of the Basic aggregate sum of the monthly Fixed Rent reserved herein payable in the last Lease Year of the Lease Term; plus (ii) the average monthly amount of all other Additional Rent and upon Charges paid by Tenant in the same last Lease Year of the Lease Term. 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 shall be on such terms as Landlord and Tenant shall determine, or if no specific determination is made, then on a month-by-month basis, subject to all of the terms, covenants and conditions as contained set forth in this LeaseLease insofar as the same are applicable to a month-to-month tenancy. In additionThe period of any holding over by Tenant as aforesaid, Tenant whether on a month-to-month basis or otherwise, shall be liable to Landlord deemed an automatic extension of the Initial Term or Renewal Term (as the case may be) for and shall indemnify Landlord from and against all Claims that Landlord suffers as only a result period concurrent with the period of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) Upon 18.01 At the expiration of the tenancy hereby created, whether by lapse of time or earlier termination otherwise, Tenant shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and insured casualty excepted, and Tenant shall peaceably leave and surrender all keys for the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear exceptedat the place then fixed for the payment of rent, and otherwise Tenant shall inform Landlord of all combinations on locks, safes and vaults, if any, in accordance with the terms and conditions of this LeaseLeased Premises. Tenant shall remove from all its trade fixtures and/or, at the Leased Premises on or prior to such expiration or earlier termination option of the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, any alteration or improvements installed by Tenant, before surrendering the premises as aforesaid and Tenant at its expense shall, on or prior to such expiration or earlier termination, shall repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal thereby. Tenant's obligation to observe or perform this covenant 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after survive the expiration or earlier other termination of the term of this Lease Lease. If Tenant fails to remove such trade fixtures and restore the Leased Premises, then upon the expiration or any extensions thereofsooner termination of this Lease, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same Tenant's removal from the premises, all such alterations, decorations, additions and improvements shall become the property of the Landlord. 18.02 Holding over with the written consent of Landlord shall be at the Basic Minimum Annual Rent and the Additional Rent specified herein and shall otherwise be on all terms and conditions set forth herein, except for the term, which shall be month to month, and without any right of first refusal or options to extend the term, lease other space and/or purchase property. Should Tenant withhold possession of the premises from Landlord after termination of the within Lease, whether by lapse of time, by termination by either party as contained provided herein, or in this Lease. In additionany other manner, and except in the case where the Landlord has given written consent to holding over, the damages Tenant shall be liable for are hereby liquidated at a monthly sum equal to Landlord one and one-half the monthly minimum and additional rent in effect for the month immediately preceding the holdover period, plus any items of additional rent Tenant would otherwise be responsible for under this Lease (attorney's fees and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding overdamage to Landlord's property, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(bfor example).

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in “broom clean” 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 in good condition and repair, except for ordinary wear and tear exceptedand damage by fire, and otherwise in accordance with casualty or condemnation but only to the terms and conditions of this Leaseextent Tenant is not required to repair the same hereunder. Tenant shall may remove at Tenant’s sole cost and expense from the Leased Premises on or prior to such expiration or earlier termination the Tenant’s Trade Fixtures and personal property which is 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 expiration end of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a)Upon such expiration or earlier termination, Tenant no party shall not be obligated to remove have any safe further rights or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) 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 Term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the a rate set forth in this subsection of one hundred fifty percent (b)150%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)20.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Leasethe Term, Tenant Subtenant shall peaceably leave quit and peacefully surrender and deliver to Sublandlord the Leased Premises possession and use of the Premises, without delay, free and clear of all liens, encumbrances and charges to Landlord in “broom clean” the extent such liens, encumbrances and in good condition and repair, ordinary wear and tear exceptedcharges are solely due to the acts or omissions of Subtenant, and otherwise in accordance with all rights of Subtenant under this Sublease shall terminate. Notwithstanding the terms and conditions termination of this LeaseSublease, Subtenant shall remain liable to Sublandlord for any loss or damage suffered by the Sublandlord because of any default of Subtenant, including without limitation the holdover rent set forth in Article 17 of the Prime Lease captioned "Notice of Surrender/Holdover". Tenant Subtenant shall immediately remove from all personal property of Subtenant remaining upon the Leased Premises on or prior to such at the expiration or earlier termination the Trade Fixtures and of this Sublease. Any personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such of Subtenant remaining upon the Premises after the expiration or earlier terminationtermination of this Sublease may, repair 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 accountability by Sublandlord in such manner as it deems appropriate. Subtenant shall be responsible to Sublandlord for any damage caused cost or expense incurred by such removal. Trade Fixtures and Sublandlord in disposing of Subtenant's personal property not so removed at remaining on the Premises after the expiration of the Term or within thirty days after the earlier termination of this Sublease. If Subtenant holds over at 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term Prime Lease, the provisions of Article 17 of the Prime Lease shall control. If Subtenant holds over at the Premises after the expiration or earlier termination of this Lease or any extensions thereofSublease, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlordthen, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law set forth 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 in equity, including termination of the remedies of Paragraph 19(b)Sublease.

Surrender and Holding Over. (a) Upon Tenant will, at the expiration or earlier other termination of this Lease, Tenant shall peaceably leave quit and surrender the Leased Premises to Landlord in “"broom clean” " and in good order, condition and repair, except for ordinary wear and tear exceptedand except for damage by fire and other casualties which results in termination of the Lease by Landlord as provided for in paragraph 12. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. If Tenant retains possession of the Premises or any part thereof after such termination, and otherwise in accordance with then Landlord may at its option serve written notice upon Tenant that such holding over constitutes either (i) creation of a month-to-month tenancy, upon the terms and conditions of set forth in this Lease. Tenant shall remove from the Leased Premises on , or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord(ii) creation of a tenancy at sufferance, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained set forth in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims provided, however, that Landlord suffers in either case the monthly rental or daily rental, as a result of such holding overthe case may be, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlordshall, in addition to collecting Basic Rent all others sums which are to be paid by Tenant hereunder be equal to one and one-half times the rental being paid to Landlord under this Lease immediately prior to such termination. If no such notice is served, then a tenancy at sufferance shall be deemed to be created at the rate rent set forth in the preceding sentence. Tenant's payment to Landlord of one and one-half times the rental shall represent liquidated damages and not a penalty, it being agreed that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises will be substantial and will be impossible to measure accurately. The provisions of this subsection (b)paragraph shall not constitute a waiver by Landlord of any right of re-entry 15 as herein set forth, nor shall receipt of any rent or any other act in apparent affirmance of the tenancy operate as a waiver of the right to exercise all rights and remedies provided by law terminate this Lease for a breach of any of the terms, covenants or in equity, including the remedies of Paragraph 19(b)obligations herein on Tenant's part to be performed.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed Lessee covenants that at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereofupon its earlier termination it will quit and surrender 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 the provisions of Paragraph 9 hereof. The Port shall have the right upon such termination to enter upon and take possession of all the Premises. Should Lessee with the Port's consent hold over the use of Landlordthe Premises after this Lease has been terminated in any manner, such holding over shall operate and be construed as deemed merely a tenancy from month to month only, and at one hundred fifty percent (150%) a rent to be fixed from time to time by the Port based on the fair rental value of the Basic Rent reserved herein and upon 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 LeaseLease shall give Lessee any right to occupy the Premises at any time after expiration of the term of this Lease or its earlier termination, and that this Lease shall not create any right in Lessee for relocation assistance or payment from the Port upon expiration of the term of this Lease or upon its earlier termination or upon the termination of any holdover tenancy, pursuant to this paragraph. In additionLessee acknowledges and agrees that upon such expiration or termination, Tenant it shall not be liable to Landlord for entitled to, NATIONAL AIRMOTIVE CORPORATION TEST CELLS LEASE - 32 - 38 and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitationexpressly hereby waives, any claims made by relocation assistance or payment pursuant to the provisions of Title 1, Division 7, Chapter 16, of the Government Code of the State of California (Sections 7260 et seq.) and pursuant to any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by other law or regulation effective now or at any time in equity, including the remedies future with respect to any relocation of Paragraph 19(b)its business or activities upon the expiration of the term of this Lease or upon its earlier termination or upon the termination of any holdover tenancy pursuant to this paragraph.

Surrender and Holding Over. 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 Master 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 (ai) Upon any delay or failure by Sublessee in so surrendering the Subleased Premises, or any portion thereof, including, without limitation, any claims made by Master Lessor against Sublessor founded upon such delay or failure, and/or (ii) Sublessee’s failure to deliver the Subleased Premises in the condition required hereunder. Sublessee agrees that if for any reason Sublessee shall fail to vacate and surrender possession of the Subleased Premises or any part thereof on or before the Expiration Date or earlier termination of this Sublease as set forth herein, then, at Sublessor’s option, Sublessee’s continued possession of the Subleased 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 LeaseSublease. 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, Tenant shall peaceably leave 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 surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear exceptedTerm, and otherwise 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 terms and conditions provisions of this LeaseParagraph 12. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned Sublessor waives no rights against Sublessee 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. Trade Fixtures and personal property not so removed at the expiration reason of the 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. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused provisions hereof, including, without limitation, the right to terminate such month-to-month tenancy as provided by such removal shall be borne by Tenant. Landlord shall not in law at 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises time after the expiration or earlier termination of the term this Sublease. The terms and provisions of this Lease Paragraph 12 shall survive the expiration or any extensions thereof, with the consent earlier termination of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)Sublease.

Surrender and Holding Over. (a) 17.1 Upon termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon termination of Tenant’s right to possession of the expiration or earlier Premises, Tenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Landlord, in good condition and repair, reasonable wear and tear and damage by casualty and condemnation excepted. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment, and all alterations. 17.2 Upon termination of this Lease, Tenant shall peaceably leave remove Tenant’s personal property, trade fixtures and surrender equipment (to the Leased extent the same do not constitute an integral part of the Premises); provided, however, that Tenant shall repair any injury or damage to the Premises which may result from such removal and shall restore the Premises to Landlord in “broom clean” the same condition as existed prior to the installation thereof. If Tenant does not remove Tenant’s personal property, trade fixtures and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove equipment from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term Term, Landlord, upon ten (10) days’ written 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 business of Tenant or warehouse the same, and Tenant shall pay the reasonable cost of such removal, repair, delivery and warehousing to Landlord within thirty (30) days after demand therefor. 17.3 Tenant shall have no right to occupy the Premises or any portion thereof after the expiration of this Lease or after the termination of this Lease or of Tenant’s right to possession pursuant to Article 10 hereof. In the event Tenant or any extensions thereofparty claiming by, with through or under Tenant holds over, Landlord may exercise any and all remedies available to it at law or in equity to recover possession of the consent Premises, and for damages. Notwithstanding anything contained herein to the contrary, in the event Tenant or any party claiming by, through or under Tenant holds over after the expiration of Landlordthe Term, Landlord may elect, in lieu of, or in addition to, any other remedy provided by law or herein, that the same shall operate and be construed constitute a month-to-month tenancy upon the same terms as tenancy from month in this Lease at a rate of Rent equal to month only, at one hundred fifty percent twenty five (150125%) of the Basic monthly Rent reserved herein and upon for the same terms and conditions as contained month in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding which the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)Term expires.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Leasethe Term, Tenant shall peaceably leave (i) deliver up and surrender the Leased Premises to Landlord in “possession of the Premises broom clean” and , free of debris, in good order, condition and repair, state of repair (except as may be Landlord’s obligation under this Lease and ordinary wear and tear exceptedtear), (ii) subject to any Landlord lien rights under this Lease or at law, remove all of Tenant’s movable furniture, trade fixtures or other personal property including interior and exterior signage, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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, and (iii) deliver the keys (and any combinations, as applicable) to the Premises to Landlord. Trade Fixtures 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 personal property not so removed 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 Premises at the expiration or earlier termination of this Lease unless otherwise requested by Landlord in writing. If not sooner terminated as herein provided, this Lease shall terminate at the end of the Term as provided for in Article 3 without the necessity of notice from either Landlord or within thirty days after Tenant to terminate same, Tenant hereby waiving notice to vacate the earlier termination Premises and agreeing that Landlord shall be entitled to the benefit of all provisions of law respecting the summary recovery of possession of the Term for any reason whatsoever shall become the property of LandlordPremises from a tenant holding over. Should Tenant, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to or any of its successors in interest, hold over the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in or 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises part thereof after the expiration or earlier termination of the term of this Lease or any extensions thereofwithout Landlord’s prior written consent, with the consent of Landlord, such holding over shall operate constitute and be construed as tenancy from month to month at sufferance only, at a monthly rent equal to one hundred fifty percent (150%) of the Basic Base Rent reserved herein payable for the final month of the Term of this Lease and otherwise upon the same terms and conditions in the Lease, so far as contained 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 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, 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 Lease. In additionThe 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 be liable to indemnify and hold Landlord for and shall indemnify Landlord harmless for, from and against all Claims that Landlord suffers as a result of such holding overclaims, damages, including consequential damages, loss and liability, including without limitation, any claims claim made by any succeeding occupant or purchaser founded on tenant resulting from such delay. Notwithstanding the foregoing, failure to surrender by Xxxxxx and any holding over without Landlord’s consent shall entitle Landlord, in addition attorneys’ fees and costs incurred by Landlord with respect to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)any such claim.

Surrender and Holding Over. (a) Upon Tenant shall surrender the Premises to Landlord at the expiration of the term hereof or earlier any extension thereof, or upon other termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in as good condition and repairas received, ordinary wear and tear and damage by fire or other insurance casualty excepted. Tenant, at its expense, promptly will remove all of Tenant's property from the Premises. If Tenant shall default in so surrendering the Premises, Tenant's occupancy subsequent to such expiration or termination shall be deemed to be that of a Tenant at will, and otherwise in accordance with the terms no event from month to month or from year to year, but Tenant also shall be subject to all of other terms, covenants and conditions of this Lease, and no extension or renewal of this Lease shall be deemed to have occurred by such holding over. 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 shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration therefore agrees that if possession of the Term Premises is not surrendered to Landlord upon the Expiration Date or within thirty days after the earlier sooner 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic 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 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 at that was payable under this Lease during the rate set forth in last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of the Lease. The provisions of this subsection (b), to exercise all rights and remedies provided by law Paragraph shall survive the expiration Date or in equity, including the remedies sooner termination of Paragraph 19(b)this Lease.

Surrender and Holding Over. (a) Upon Lessees shall surrender the premises to Lessor on expiration of this lease or earlier termination of this Leasethe lease as provided for herein. At the time of surrender, Tenant the premises shall peaceably leave and surrender be in the Leased Premises to Landlord in “broom clean” and in good same condition and repairas when received, ordinary normal wear and tear excepted. Except as is provided in Section entitled Option to Purchase herein, Lessee shall not make any claim in the demised premises against the interest of Lessor, and otherwise in accordance with if Lessee holds the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the Term or within thirty days premises after the earlier termination of the Term for any reason whatsoever shall become the property of Landlordlease, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month onlyshall be created thereby at a rental of $3300 per month, and 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 carry and maintain hazard insurance, with extended coverage, at one hundred fifty percent (150%) Lessee's expense, to cover loss by fire or other peril of the Basic Rent reserved herein leased premises at least in the amount of $290, 000. Lessor and upon Lessee shall both be named as insureds and loss payees under such policy of insurance and to the same terms and conditions as contained in this Leaseextent of their respective insurable interests hereunder. In addition, Tenant Lessee shall be liable under a continuing obligation to Landlord for furnish Lessor with a current copy of said policy. Should the leased premises be damaged by fire or other casualty and further should Lessee exercise his option to purchase as hereinafter stated, the first $290,000.00 or so much thereof as may be necessary, of insurance proceeds shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlordbe applied to pay, in addition full the purchase money indebtedness of Lessor Authority in favor of United Bank of Milnxx, xxus all interest due to collecting Basic Rent at the rate set forth in this subsection (b)date of payment. The remaining insurance proceeds, hereunder, shall be and remain the property of Lessee. Should the building which forms a part of the leased premises be damaged by fire or other casualty and Lessee not exercise his option to exercise all rights purchase, as hereinafter stated, then the first $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 remedies provided by law or in equityreconstruct the building constituting a portion of the leased premises, including and these insurance proceeds shall belong to and be the remedies property of Paragraph 19(b).the Lessor Authority. To the extent that any such proceeds are not so used they shall be applied as follows:

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear exceptedclean condition, and otherwise in accordance with the terms and conditions same condition in which the Leased Premises were originally received from Landlord on the Commencement Date, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, and except for ordinary wear and tear. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier terminationTermination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration end of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) a. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term Term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Lease (except that Tenant shall be liable have no further right or option to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant renew or purchaser founded on such delayextend the Term). Notwithstanding the foregoing, any holding over without Landlord’s 's consent shall entitle Landlord, in addition to collecting Basic Rent at the a rate set forth in this subsection of one hundred fifty percent (b)150%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) ‌ Upon the expiration of the Lease Term, School shall deliver all keys to the Premises to Landlord and shall surrender the Premises to Landlord broom clean and in as good order and condition as existed on the Term Commencement Date, except for ordinary wear and tear and damage by fire or other casualty not caused by School, and loss due to condemnation or threat of condemnation. In the event School continues to occupy the Premises after the expiration of the Lease Term, such occupancy shall be considered a tenancy from month-to-month at a rent equal to the Base Rent and Monthly Fixed Reimbursable Expenses due for the last full calendar month of the Lease Term and such tenancy shall be upon and subject to all of the other terms, provisions, covenants and agreements set forth herein. Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave School may remove, at its expense, any trade fixtures and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and unattached personal property which is owned previously placed in the Premises 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing School; but any damage to any of the Leased Premises caused by such removal shall be borne repaired by TenantSchool at the time of the removal. Landlord shall not in any manner or All other installations (including HVAC equipment, duct work, electric and water connections and electric lighting fixtures) and all repairs, Improvements, replacements and Alterations by School to any extent be obligated to reimburse Tenant for any property which becomes the Premises, made by School shall, upon being installed, become the property of Landlord as a result of such expiration Landlord. However, School shall promptly remove any Alterations by School or earlier termination. Notwithstanding anything Improvements to the contrary in this Paragraph 23(a)Premises made by School without Landlord's prior written consent (or made with Landlord's consent, Tenant but subject to Landlord's right to require its removal) if requested to do so by Landlord, and shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing repair any damage caused by to the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy resulting from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delayremoval. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle LandlordLandlord may only require the removal of Alterations by School, in addition to collecting Basic Rent if School was so advised at the rate set forth in this subsection (b), to exercise all rights and remedies provided time Landlord approved said Alterations by law or in equity, including the remedies of Paragraph 19(b)School.

Surrender and Holding Over. (a) Upon 23.01. On the expiration last day of the Term, or upon any earlier termination of this Lease, or upon any reentry by Landlord upon the Premises, Tenant shall peaceably leave quit and surrender the Leased Premises to Landlord in “broom "broom-clean” " and in good order, condition and repair, except for ordinary wear and tear exceptedand such damage or destruction as Landlord is required to repair or restore under this Lease, and Tenant shall remove all of the Tenant's Property therefrom except as otherwise expressly provided in accordance this Lease. No act or thing done by Landlord or its agents shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept such surrender shall be valid unless in writing and signed by Landlord. 23.02. If Tenant remains in possession of the Premises after the termination of this Lease without the execution of a new lease, Tenant, at the option of Landlord, shall be deemed to be occupying the Premises as a tenant from month to month, subject to all of the other terms and conditions of this Lease insofar as the same are applicable to a month-to-month tenancy, but at a monthly rental equal to one and one half times for the first thirty days and at two times the monthly Fixed Rent last payable by Tenant hereunder thereafter, plus all Additional Charges payable hereunder. Nothing contained in this Section shall (i) imply any right of Tenant to remain in the Premises after the termination of this Lease without the execution of a new lease, (ii) imply any obligation of Landlord to grant a new lease or (iii) be construed to limit any right or remedy that Landlord has against Tenant as a holdover tenant or trespasser. 23.03. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) 1. Upon the expiration or earlier termination of this Lease, Tenant shall will peaceably leave and surrender the Leased Premises to Landlord in “Owner with Tenants Property (and third-party personal property) removed, broom clean” clean and in good condition and repairas received, except for ordinary wear and tear exceptedtear, and otherwise damage by casualty or condemnation, with all of Tenant’s maintenance and repair obligations up to date. Owner may require Tenant to remove any Alterations made by Tenant and to restore the Premises to its prior condition, at Tenant’s expense, provided Owner has notified Tenant of such removal requirements at the time of granting consent for the Alterations. All Alterations which Owner does not require Tenant to remove will become Owner’s property and will be surrendered to Owner on termination of the Lease, except that Tenant may remove any of Tenant’s Property that can be removed without substantial irreversible damage to the Premises (which damage must be repaired by Tenant). Tenant will repair, at Tenant’s expense, any damage to the Premises caused by the removal of Tenant’s Property. Tenant will not remove any fixtures or equipment considered a part of the realty without Owner’s consent or unless required by Owner, including without limitation, any wiring; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; and floor coverings. Tenant’s data facilities will not be considered part of the realty and Owner may elect either to require Tenant to remove Tenant’s data facilities and all associated cables or wiring, or leave the same in accordance with place unless the terms and conditions was installed as part of this LeaseTenant’s Work, in which case it shall be considered part of the Tenant Improvements. Tenant shall have no obligation to remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures Tenant Improvements. 2. Tenant’s Property and personal property which is owned by Tenant or of 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. Trade Fixtures and personal property not so removed at the expiration end of the Term or within thirty ten (10) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlordwill be deemed abandoned by Tenant, and Landlord Owner may thereafter cause such the property to be removed from the Leased PremisesPremises and disposed of in any manner Owner deems appropriate. The cost of removing and disposing of such the property and repairing any damage to any of the Leased Premises caused by such the removal shall will be borne by Tenant. Landlord shall Owner will not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord Owner as a result of such the expiration or earlier termination. 3. Notwithstanding anything If Tenant fails to surrender possession of the contrary Premises upon termination or expiration of this Lease, and Owner consents in this Paragraph 23(awriting to Tenant’s continued occupancy (which consent may be withheld in Owner’s sole discretion), Tenant shall not then Tenant’s occupancy will be obligated deemed to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from a month to month onlytenancy, with Base Rent at the rate of one hundred fifty percent (150%) of the Basic Base Rent reserved herein payable during the calendar month immediately preceding the termination or expiration, and Owner or Tenant may terminate the month to month tenancy upon thirty (30) days’ notice to the same terms other party. If Tenant fails to surrender possession of the Premises upon termination or expiration of this Lease and conditions as contained in this Lease. In additionif Tenant does not obtain Owner’s consent to Tenant’s continued occupancy, then Tenant shall will be deemed a trespasser and will be liable to Landlord Owner for and shall indemnify Landlord from and against (i) all Claims that Landlord suffers damages sustained by Owner as a result thereof (provided, however, Owner agrees to notify Tenant consequential damages may arise from a holdover by Tenant, and Tenant will be liable for only those consequential damages incurred thirty (30) days after Owner’s delivery of such holding over, including without limitation, any claims made by any succeeding occupant the notice to Tenant); (ii) Base Rate at a rate of one hundred fifty percent (150%) of the Base Rent payable during the calendar month immediately preceding the termination or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)expiration.

Surrender and Holding Over. (a) a. Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to the any portion thereof with respect to which this Lease has previously terminated) and all the Equipment and Building Systems thereof to Landlord in “broom clean” and in good the condition and repair, the same is required to be maintained by Tenant pursuant to this Lease (ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease). Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures (other than the Trade Fixtures described in Exhibit F attached hereto and any replacement(s) of such items with comparable fixtures or equipment, which Tenant may, but shall not be required, to remove in accordance with the terms hereof) and all unaffixed personal property (but not Equipment) which is 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. Trade Fixtures and personal property not so removed at the expiration end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of LandlordLandlord upon an additional ten (10) days’ written notice to Tenant, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such unaffixed personal property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) b. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term Term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the a rate set forth in this subsection of one hundred fifty percent (b)150%) thereof, to exercise all rights and remedies provided by law Legal Requirements or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) Upon 18.01 At the expiration of the tenancy hereby created, whether by lapse of time or earlier termination otherwise, Tenant shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and insured casualty excepted, and Tenant shall peaceably leave and surrender all keys for the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear exceptedat the place then fixed for the payment of rent, and otherwise Tenant shall inform Landlord of all combinations on locks, safes and vaults, if any, in accordance with the terms and conditions of this LeaseLeased Premises. Tenant shall remove from all its trade fixtures and/or, at the Leased Premises on or prior to such expiration or earlier termination option of the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, any alteration or improvements installed by Tenant, before surrendering the premises as aforesaid and Tenant at its expense shall, on or prior to such expiration or earlier termination, shall repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal thereby. Tenant's obligation to observe or perform this covenant 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after survive the expiration or earlier other termination of the term of this Lease Lease. If Tenant fails to remove such trade fixtures and restore the Leased Premises, then upon the expiration or any extensions thereofsooner termination of this Lease, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same Tenant's removal from the premises, all such alterations, decorations, additions and improvements shall become the property of the Landlord. 18.02 Holding over with the written consent of Landlord shall be at the Basic Minimum Annual Rent and the Additional Rent specified herein and shall otherwise be on all terms and conditions set forth herein, except for the term, which shall be month to month, and without any right of first refusal or options to extend the term, lease other space and/or purchase property. Should Tenant withhold possession of the Leased Premises from Landlord after termination of the within Lease, whether by lapse of time, by termination by either party as contained provided herein, or in this Lease. In additionany other manner, and except where Landlord has given consent or has not given written notice that the holdover is or would be without Landlord's consent, the damages Tenant shall be liable for are hereby liquidated at a monthly sum equal to: the monthly installment of Basic Minimum Annual Rent in effect immediately prior to Landlord the holdover; plus one and one-half times the greater of: $14,869; or the monthly installment of Basic Minimum Annual Rent in effect immediately prior to the holdover. Tenant shall also be responsible for any items of Additional Rent Tenant would otherwise be responsible for under this Lease (Tenant's Pro Rata Share of the Basic Operating Cost, attorney's fees and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding overdamage to Landlord's property, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(bfor example).

Surrender and Holding Over. (aA) Upon At the expiration or earlier sooner termination of the tenancy 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 peaceably leave remove any and surrender all trade fixtures, equipment and other unattached items which Tenant may have installed, stored or left in the Leased Premises to Landlord or elsewhere in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than LandlordShopping Center, and Tenant at 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 expense shalltrade fixtures or other property as provided in this Article 19, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures fixtures and personal other property not so removed by Tenant shall be deemed abandoned by Tenant and at the expiration option of the Term or within thirty days after the earlier termination of the Term for any reason whatsoever Landlord shall become the property of Landlord, and Landlord or at Landlord's option may thereafter cause such property to be removed from by Landlord at Tenant's expense, or placed in storage at Tenant's expense, or sold or otherwise disposed of, in which event the Leased Premises. The cost of removing and disposing proceeds of such property and repairing sale or other disposition shall belong to Landlord. In the event Tenant does not make any damage to any of repairs as (A) shall survive the 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. Notwithstanding anything to the contrary in termination of this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the LandlordLease. (bB) Any holding over by If Tenant or anyone claiming under Tenant remains in possession of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereofTerm, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant that person shall be liable to Landlord for a tenant at sufferance; and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of during such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent Base Rent shall entitle Landlord, in addition to collecting Basic Rent at be twice the rate set forth which was in effect immediately prior to the Lease Term expiration, which Landlord may collect without admission that Tenant's estate is more than a tenancy at sufferance, and all the other provisions of this subsection (b), Lease shall apply insofar as the same are applicable to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)a tenancy at sufferance.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in “broom clean” and the same condition in good condition and repairwhich the same existed as of the Commencement Date, ordinary wear and tear and permitted Alterations excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination termination, the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration end of the 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. The reasonable cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term Term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month at sufferance only, at terminable by Landlord as permitted by law. Basic Rent during such holdover shall be one hundred fifty percent (150%) of the Basic Rent reserved herein owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the rate set forth in this subsection (bLeased Premises), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b20(b), or under any applicable Prime Lease.

Surrender and Holding Over. 1. On the last day of the Lease term or on the sooner termination thereof, Tenant 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 (aother 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 the termination of this Lease provided Tenant repairs any damage caused thereby) Upon which may be made or installed by either Landlord or Tenant upon the expiration Leased Premises, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof without disturbance, molestation or earlier injury at the termination of the term of this Lease, Tenant shall peaceably leave and surrender whether by the Leased Premises lapse of time or otherwise, all without compensation or credit to Landlord in “broom clean” and in good condition and repairTenant. On or before the termination of the Lease term, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove all of Tenant's furniture and unattached movable personal property and equipment from the Leased Premises on or prior to and any such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property items not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne deemed abandoned 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any Any damage caused by the removal of such property shall be repaired by Tenant at Tenant's sole cost and expense. If the Leased Premises are not surrendered at the end of the term as set forth herein, Tenant shall indemnify Landlord against all loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any safe or vault claim made by any succeeding tenant founded on such delay. Tenant shall also surrender all keys to the LandlordLeased Premises and shall inform Landlord of combinations on any locks, safes and vaults, if any, on the Leased Premises. (b) Any holding over by 2. In the event Tenant remains in possession of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of LandlordLandlord and without the execution of a new lease, it shall operate and be construed deemed to be occupying said premises as tenancy a tenant from month month-to-month, subject to month only, at one hundred fifty percent (150%) all of the Basic Rent reserved herein conditions, provisions and upon obligations of this Lease insofar as the same terms and conditions as contained are applicable to a month-to-month tenancy. For any period that Tenant shall remain in this Lease. In additionpossession of the Leased Premises without Landlord's consent, Tenant shall be liable pay a use and occupancy charge equal to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as two (2) times the base rent in effect immediately prior thereto, computed on a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlorddaily basis, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights additional rent and remedies provided other charges payable by law or in equity, including the remedies of Paragraph 19(b)Tenant.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in “broom clean” 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 in good condition and repair, except for ordinary wear and tear exceptedand damage by fire, and otherwise in accordance with casualty or condemnation but only to the terms and conditions of this Leaseextent Tenant is not required to repair the same hereunder. Tenant shall may remove at Tenant's sole cost and expense from the Leased Premises on or prior to such expiration or earlier termination the Tenant's Trade Fixtures and personal property which is 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 expiration end of the Term or within thirty 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a)Upon such expiration or earlier termination, Tenant no party shall not be obligated to remove have any safe further rights or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) 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 Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s 's consent shall entitle Landlord, in addition to collecting Basic Rent at the a rate set forth in this subsection of one hundred fifty percent (b)150%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)Section 20.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed Lessee covenants that at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereofupon its earlier termination it will quit and surrender the Premises, together with all tenant improvements and all equipment, furniture and trade fixtures which are required to be surrendered with the Premises, in good state and condition (reasonable wear and tear and damage by the elements excepted), clean and free of all subtenants, trash, debris, equipment, furniture and trade fixtures not required to remain on the Premises under this Lease, and otherwise in compliance with all the terms of this Lease. The Port shall have the right upon such termination to enter upon and take possession of all the Premises. Should Lessee with the Port’s written consent hold over the use of Landlordthe Premises after this Lease has been terminated in any manner, such holding over shall operate and be construed as deemed merely a tenancy from month to month onlyon such terms and conditions, and at one hundred fifty percent a rent (150%) of payable monthly in advance), as may be fixed from time to time by the Basic Rent reserved herein and upon Port, 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 written notice thereof at any time not less than 7 days before the expiration of any such month, to be effective upon the expiration of such month. It is understood and agreed that nothing contained in this LeaseLease shall give Lessee any right to occupy the Premises at any time after expiration of the term of this Lease or its earlier termination or termination of any holdover tenancy by any means whatsoever, and that this Lease shall not create any right in Lessee for relocation assistance or payment from the Port upon expiration of the term of this Lease or upon its earlier termination or upon the termination of any holdover tenancy by any means whatsoever. In additionLessee acknowledges and agrees that upon such expiration or termination, Tenant it shall not be liable to Landlord for entitled to, and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitationexpressly hereby waives, any claims made relocation assistance or payment pursuant to the provisions of Title 1, Division 7, Chapter 16, of the California Government Code (Sections 7260 et seq.) with respect to any relocation of its business or activities upon the expiration of the term of this Lease or upon its earlier termination or upon the termination of any holdover tenancy by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)means whatsoever.

Surrender and Holding Over. (a) Upon 23.01. On the expiration last day of the Term, or upon any earlier termination of this Lease, or upon any reentry by Landlord upon the Premises, Tenant shall peaceably leave quit and surrender the Leased Premises to Landlord in “broom "broom-clean” " and in good order, condition and repair, except for ordinary wear and tear exceptedand such damage or destruction as Landlord is required to repair or restore under this Lease, and Tenant shall remove all of the Tenant's Property therefrom except as otherwise expressly provided in accordance this Lease. No act or thing done by Landlord or its agents shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept such surrender shall be valid unless in writing and signed by Landlord. 23.02. If Tenant remains in possession of the Premises after the termination of this Lease without the execution of a new lease, Tenant, at the option of Landlord, shall be deemed to be occupying the Premises as a tenant from month to month, subject to all of the other terms and conditions of this Lease insofar as the same are applicable to a month-to-month tenancy, but at a monthly rental equal to the greater of (a) two times the monthly Fixed Rent last payable by Tenant hereunder, plus all Additional Charges payable hereunder, and (b) Landlord's then asking price, on a monthly basis, for comparable space in the Building (or, if Landlord has no asking price, the monthly rental equal to the prevailing rate for comparable space in comparable buildings in the vicinity of the Building). Nothing contained in this Sec- tion shall (i) imply any right of Tenant to remain in the Premises after the termination of this Lease without the execution of a new lease, (ii) imply any obligation of Landlord to grant a new lease or (iii) be construed to limit any right or remedy that Landlord has against Tenant as a holdover tenant or trespasser. 23.03. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Sec- tion 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in “broom clean” 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 in good condition and repair, except for ordinary wear and tear exceptedand 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 otherwise 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 accordance with 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 terms and conditions 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 in-rack sprinklers, cutting all bolts and leaving the floor in a smooth condition. Tenant shall may remove at Tenant's sole cost and expense from the Leased Premises on or prior to such expiration or earlier termination the Tenant's Trade Fixtures and personal property which is 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 expiration end of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a)Upon such expiration or earlier termination, Tenant no party shall not be obligated to remove have any safe further rights or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) 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 Lease or any extensions thereof, with the consent of Landlord, thereof shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s 's consent for a period greater than thirty (30) days shall entitle Landlord, in addition to collecting Basic Rent at the a rate set forth in this subsection of two hundred percent (b)200%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)20. During any holding over by Tenant of the Premises, Tenant shall be obligated to pay Landlord, in addition to Basic Rent as set forth in this Paragraph 24, all Additional Rent due under this Lease. 25.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to the any portion thereof with respect to which this Lease has previously terminated) and all the Equipment and Building Systems thereof to Landlord in “broom clean” and in good the condition and repair, the same is required to be maintained by Tenant pursuant to this Lease (ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease). Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures (other than the Trade Fixtures described in Exhibit F attached hereto and any replacement(s) of such items with comparable fixtures or equipment, which Tenant may, but shall not be required, to remove in accordance with the terms hereof) and all unaffixed personal property (but not Equipment) which is 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. Trade Fixtures and personal property not so removed at the expiration end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of LandlordLandlord upon an additional ten (10) days’ written notice to Tenant, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such unaffixed personal property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term Term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the a rate set forth in this subsection of one hundred fifty percent (b)150%) thereof, to exercise all rights and remedies provided by law Legal Requirements or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) Upon 23.01. On the expiration last day of the Term, or upon any earlier termination of this Lease, or upon any reentry by Landlord upon the Premises, Tenant shall peaceably leave quit and surrender the Leased Premises to Landlord in “broom "broom-clean” " and in good order, condition and repair, except for ordinary wear and tear exceptedand such damage or destruction as Landlord is required to repair or restore under this Lease, and Tenant shall remove all of the Tenant's Property therefrom except as otherwise expressly provided in accordance this Lease. No act or thing done by Landlord or its agents shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept such surrender shall be valid unless in writing and signed by Landlord. 23.02. If Tenant remains in possession of the Premises after the termination of this Lease without the execution of a new lease, Tenant, at the option of Landlord, shall be deemed to be occupying the Premises as a tenant from month to month, subject to all of the other terms and conditions of this Lease insofar as the same are applicable to a month-to-month tenancy, but at a monthly rental equal to the greater of (a) 125% of the monthly Fixed Rent last payable by Tenant hereunder, plus all Additional Charges payable hereunder, and (b) Landlord's then asking price, on a monthly basis, for comparable space in the Building (or, if Landlord has no asking price, the monthly rental equal to the prevailing rate for comparable space in comparable buildings in the vicinity of the Building). Nothing contained in this Section shall (i) imply any right of Tenant to remain in the Premises after the termination of this Lease without the execution of a new lease, (ii) imply any obligation of Landlord to grant a new lease or (iii) be construed to limit any right or remedy that Landlord has against Tenant as a holdover tenant or trespasser. 23.03. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) 18.1 Upon the expiration or earlier termination of the Lease Term for whatever cause, or upon the exercise by Landlord of its right to re-enter the Leased Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably leave and surrender to Landlord possession of the Leased Premises to Landlord in “broom clean” and in good order, condition and repair, except only for ordinary wear and tear exceptedtear, 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 otherwise in accordance with all persons or firms claiming by, through or under Tenant and all of their property, from the terms Leased Premises, and conditions of this Lease. Tenant shall may remove from the Leased Premises on and store (without any liability for loss, theft, damage or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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 destruction thereto) any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration of the 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 at Tenant’s cost and expense. If Tenant fails to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any surrender possession of the Leased Premises caused by such removal shall be borne by in the condition herein required, Landlord may, at 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. Notwithstanding anything to the contrary in this Paragraph 23(a)’s expense, Tenant shall not be obligated to remove any safe or vault located on restore the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlordto such condition. (b) Any holding over by 18.2 For so long as Tenant remains in possession of the Leased Premises after the expiration or earlier termination of the term Lease Term, 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 or any extensions thereofLease, with except that the consent of Landlord, daily Rent shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) percent of the Basic Rent reserved herein and upon in effect immediately prior to such expiration, termination or exercise by Landlord. No such holding over shall extend the same terms and conditions as contained in this LeaseLease Term. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result loss or damage on account of any such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without against Landlord’s consent shall entitle Landlordwill after the termination of this Lease, in addition to collecting Basic Rent whether such loss or damage may be contemplated at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law time or in equity, including the remedies of Paragraph 19(b)not.

Surrender and Holding Over. (a) Upon SECTION 25.1 On the expiration last day of the term hereof, or upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall peaceably leave and surrender the Leased Demised Premises to unto the possession and use of Landlord in “broom clean” without delay and in good order, condition and repair, ordinary reasonable wear and tear excepted, free and otherwise in accordance with clear of all lettings and occupancies and free and clear of all liens and encumbrances other than those created or consented to by Landlord. Landlord hereby consents to (i) all liens and encumbrances of record affecting the terms and conditions Demised Premises as of the date of this Lease, and (ii) all matters disclosed by the survey of the Demised Premises dated 8/27/99 prepared by BRW. All machinery, equipment and fixed assets (except for Tenant's trade fixtures and business equipment) now or hereafter installed at the Demised Premises and used in the operations thereof shall be and remain part of the Demised Premises. SECTION 25.2 Tenant may remove Tenant's personal property from the Demised Premises during the term of this Lease and Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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 to the Demised Premises caused by such removal. Trade Fixtures and At Landlord's election, Tenant shall remove Tenant's personal property not so removed from the Demised Premises no later than the last day of the Term. Any personal property of Tenant which shall remain in the Improvements after the termination of this Lease may, at the expiration option of Landlord, be deemed to have been abandoned by Tenant and either may be retained by Landlord as its property or be disposed of without accountability in such manner as Landlord may see fit or Landlord may require Tenant to remove the same at Tenant's expense. SECTION 25.3 Landlord shall not be responsible for any loss or damage occurring to any property owned by Tenant or any subtenant unless such loss or damage is caused by Landlord's, or its employee's, agent's or contractor's negligent act or omission or willful misconduct. SECTION 25.4 Any subrents shall be apportioned between Landlord and Tenant as of the Term last day of the term hereof or within thirty days after as of the effective date of any earlier termination of this Lease, provided that if Tenant shall then be in default in the Term for performance of any reason whatsoever shall become Tenant's covenants, agreements and undertakings in this Lease, then to the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any extent of the Leased Premises caused by amount of any 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. Notwithstanding anything to the contrary in this Paragraph 23(a)default, Tenant shall not be obligated entitled to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlordreceive an apportionment. (b) Any SECTION 25.5 In the event of a termination of this Lease in accordance with its terms and a holding over by Tenant thereafter, there shall be no renewal or extension of this Lease by operation of law, but Tenant shall continue to pay to Landlord for each month of use and occupancy a sum equal to two times the Fixed Rent installment then payable, and also pay all other amounts payable by Tenant to Landlord hereunder, the Fixed Rent to be calculated on a per diem basis for each day or fraction thereof that Tenant remains in occupancy of the Leased Demised Premises after the expiration or earlier termination of the term of this Lease or Lease. SECTION 25.6 The provisions of this ARTICLE 25 shall survive any extensions thereof, with the consent termination of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) Upon 18.01 At the expiration of the tenancy hereby created, whether by lapse of time or earlier termination otherwise, Tenant shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and insured casualty excepted, and Tenant shall peaceably leave and surrender all keys for the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear exceptedat the place then fixed for the payment of rent, and otherwise Tenant shall inform Landlord of all combinations on locks, safes and vaults, if any, in accordance with the terms and conditions of this LeaseLeased Premises. Tenant shall remove from all its trade fixtures and/or, at the Leased Premises on or prior to such expiration or earlier termination option of the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, any alteration or improvements installed by Tenant, before surrendering the premises as aforesaid and Tenant at its expense shall, on or prior to such expiration or earlier termination, shall repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal thereby. Tenant's obligation to observe or perform this covenant 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after survive the expiration or earlier other termination of the term of this Lease Lease. If Tenant fails to remove such trade fixtures and restore the Leased Premises, then upon the expiration or any extensions thereofsooner termination of this Lease, and upon the Tenant's removal from the premises, all such alterations, decorations, additions and improvements shall become the property of the Landlord. 18.02 Holding over with the written consent of LandlordLandlord shall be at the Basic Minimum Annual Rent and the Additional Rent specified herein and shall otherwise be on all terms and conditions set forth herein, except for the term, which shall operate and be construed as tenancy from month to month onlymonth, and without any right of first refusal or options to extend the term, lease other space and/or purchase property. It is acknowledged that the damages which Landlord may suffer on account of an unconsented to holding over may be difficult to determine, as they may include lost marketing opportunities with respect to Landlord's ability to obtain a replacement tenant in a timely manner and other elements of damage that may be difficult to quantify. Accordingly, should Tenant withhold possession of the premises from Landlord after termination of the within Lease, whether by lapse of time, by termination by either party as provided herein, or in any other manner, and except in the case where the Landlord has given written consent to holding over, the damages to Landlord on account of Tenant's failure to vacate on time, plus the use and occupancy for the Leased Premises, are hereby liquidated at one hundred fifty percent a monthly sum equal to any installment Additional Rent in effect as of the end of the Term (150%) any utility charges and Tenant's Pro Rata Share of the Basic Operating Expense, for example) plus one and one-half times the monthly installment of Basic Minimum Annual Rent reserved herein which would have been in effect for the month immediately prior to the end of the Term of the Lease had the Lease run the full course of the Initial Term and upon any option to extend that may have been exercised prior to the same terms and conditions as contained in this Leaseunconsented to holding over. In addition, Tenant shall also be liable responsible for any other item of Additional Rent which would be owed had the Lease remained in effect (attorney's fees and damage to Landlord Landlord's property, for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(bexample).

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed Lessee covenants that at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereofupon its earlier termination it will quit and surrender the Premises to the Port and remove therefrom all of the structures thereon to ground level, together with all tenant improvements and all equipment, furniture and trade fixtures. The Premises shall be surrendered in good state and condition (reasonable wear and tear and damage by the elements excepted) , clean and free of all subtenants, Toxic Materials, trash, debris, equipment, furniture and trade fixtures not required to remain on the Premises under this Lease, and otherwise in compliance with all the terms of this Lease. The Port shall have the right upon such termination to enter upon and take possession of all the Premises. Should Lessee with the Port's written consent hold over the use of Landlordthe Premises after this Lease has been terminated in any manner, such holding over shall operate and be construed as deemed merely a tenancy from month to month onlyon such terms and conditions, and at one hundred fifty percent a rent (150%) of payable monthly in advance), as may be fixed from time to time by the Basic Rent reserved herein and upon Port, 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 written notice thereof at any time not less than 7 days before the expiration of any such month, to be effective upon the expiration of such month. It is understood and agreed that nothing contained in this LeaseLease shall give Lessee any right to occupy the Premises at any time after expiration of the term of this Lease or its earlier termination or termination of any holdover tenancy by any means whatsoever, and that this Lease shall not create any right in Lessee for relocation assistance or payment from the Port upon expiration of the term of this Lease or upon its earlier termination or upon the termination of any holdover tenancy by any means whatsoever. In additionLessee acknowledges and agrees that upon such expiration or termination, Tenant it shall not be liable to Landlord for entitled to, and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitationexpressly hereby waives, any claims made relocation assistance or payment pursuant to the provisions of Title 1, Division 7, Chapter 16, of the Government Code of the State of California (Sections 7260 et seq.) with respect to any relocation of its business or activities upon the expiration of the term of this Lease or upon its earlier termination or upon the termination of any holdover tenancy by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)means whatsoever.

Surrender and Holding Over. (a) Upon 25.9.1 On the expiration last day or earlier sooner termination of this the Lease, Tenant Lessee shall peaceably leave quit and surrender the Leased Demised Premises to Landlord in “broom broom-clean” and , in good condition and repair, ordinary wear together with all alterations, additions and tear exceptedimprovements which may have been made in, and otherwise on, or to the Demised Premises, except movable furniture or trade fixtures put in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration sole expense of the Lessee provided; however, that Lessee shall ascertain from Lessor at least thirty (30) days before the end of the Term whether Lessor desires to have the Demised Premises, or within thirty days after any part thereof, restored to the earlier condition in which it was originally delivered to Lessee, and if Lessor shall so desire, then Lessee, at its own cost and expense, shall restore the same before the end of the Term. Lessee shall advise the New Jersey Department of Environmental Protection of the termination of Lessee's use of the Premises, and file, with said Department, such information, affidavits, forms, negative declaration or other information as said Department may require and undertake such action or work as dictated by the Department of Environmental Protection pertaining to Lessee's use and occupancy of the Premises and as it relates to a "Clean Up Plan" for the removal of hazardous substances and wastes that remain on the Premises demised. Lessee agrees upon termination of the Term for any reason whatsoever Lease, the air-conditioning, cooling systems, heating equipment and plumbing and electrical systems shall become be in good, operable condition. All light fixtures and bulbs shall be operable, cleaned and in good working order, the property of Landlordrugs dry cleaned, and Landlord may thereafter cause such property to be removed the warehouse floor washed. If the Demised Premises is not surrendered as and when aforesaid, Lessee shall indemnify Lessor against loss or liability resulting from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of delay by Lessee in so surrendering the 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. Notwithstanding anything to the contrary in this Paragraph 23(a)including, Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding Lessee's obligations under this section shall survive the foregoingexpiration or sooner termination of the Term. In the event Lessee, prior to termination of the Lease, fails to comply with the Rules and Regulations of the Department of Environmental Protection of the State of New Jersey or other applicable Federal agencies having jurisdiction over the storage or use of hazardous substances then, Lessee, at the option of the Lessor, shall be deemed to be occupying the Demised Premises as a mere licensee. 25.9.2 Lessee shall have no right to hold over at expiration of Lease Term or any extension thereof. If Lessee remains in possession, Lessee's status shall be that of a mere licensee and Lessee shall be subject to damages that Lessor might suffer arising out of Lessee's continued occupancy of the Premises. Damages shall be the greater of (i) two (2) times the per diem rental of the month immediately prior to the end of the Term plus costs, expenses and fees incurred by Lessor in causing Lessee to vacate said Premises, and as may be allowed by law; or (ii) one hundred fifty (150%) percent of the fair market value to Lease the Premises; and in addition thereto, statutory penalties and all other damages which Lessor shall suffer by reason of Lessee holding over without Landlord’s consent shall entitle Landlordin violation of the terms and provisions of this Lease, including all reasonable claims for damages made by any succeeding Lessee or purchaser of the Premises against Lessor in addition which may be founded upon delay by Lessor in giving possession of the Premises to collecting Basic Rent at the rate set forth in this subsection (b)such succeeding Lessee or purchaser, to exercise all rights and remedies provided the extent that such damages are occasioned by law or in equity, including the remedies holding over of Paragraph 19(b)Lessee.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed Lessee covenants that at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereofupon its earlier termination it will quit and surrender 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 the provisions of Paragraph 9 hereof. The Port shall have the right upon such termination to enter upon and take possession of NATIONAL AIRMOTIVE CORPORATION MAIN BUILDING LEASE - 32 - 37 all the Premises. Should Lessee with the Port's consent hold over the use of Landlordthe Premises after this Lease has been terminated in any manner, such holding over shall operate and be construed as deemed merely a tenancy from month to month only, and at one hundred fifty percent (150%) a rent to be fixed from time to time by the Port based on the fair rental value of the Basic Rent reserved herein and upon 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 LeaseLease shall give Lessee any right to occupy the Premises at any time after expiration of the term of this Lease or its earlier termination, and that this Lease shall not create any right in Lessee for relocation assistance or payment from the Port upon expiration of the term of this Lease or upon its earlier termination or upon the termination of any holdover tenancy pursuant to this paragraph. In additionLessee acknowledges and agrees that upon such expiration or termination, Tenant it shall not be liable to Landlord for entitled to, and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitationexpressly hereby waives, any claims made by relocation assistance or payment pursuant to the provisions of Title 1, Division 7, Chapter 16, of the Government Code of the State of California (Sections 7260 et seq.) and pursuant to any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by other law or regulation effective now or at any time in equity, including the remedies future with respect to any relocation of Paragraph 19(b)its business or activities upon the expiration of the term of this Lease or upon its earlier termination or upon the termination of any holdover tenancy pursuant to this paragraph.

Surrender and Holding Over. (a) Upon 21.1 On the expiration Expiration Date or on any earlier termination of this LeaseLease or on any lawful reentry by Landlord on the Demised Premises, Tenant shall peaceably leave quit and surrender the Leased Demised Premises to Landlord in “broom clean” and in good order, condition and repair, except for ordinary wear and tear exceptedtear, damage or destruction by fire and other casualty and such other damage as Landlord is required to repair, maintain or restore under Section 13.2 or under any other provision under this Lease, and Tenant shall remove all Tenant’s Property therefrom except as otherwise expressly provided in accordance this Lease and Tenant shall comply in all respects with Section 12.3 of this Lease. No act or thing done by Landlord or its agents or employees shall be deemed an acceptance of a surrender of this Lease or the Demised Premises, and no agreement to accept such surrender shall be valid unless in writing and signed by Landlord. 21.2 If Tenant remains in possession of the Demised Premises after the termination of this Lease without the execution of a new lease, Tenant, at the option of Landlord, shall be deemed to be occupying the Demised Premises as a Tenant from month to month, subject to all of the other terms and conditions of this Lease. Tenant shall remove from Lease insofar as the Leased Premises on or prior same are applicable to such expiration or earlier termination a month-to-month tenancy, but at a monthly rental equal to the Trade Fixtures and personal property which is owned monthly Fixed Rent last payable by Tenant or third parties other than Landlordhereunder for four (4) months following expiration of this Lease, and Tenant then at its expense shall, on or prior a monthly rental equal to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the expiration 140% of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over monthly Fixed Rent last payable by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Leasehereunder. In addition, Tenant shall be liable to will indemnify, and hold Landlord for and shall indemnify Landlord harmless from and against all Claims loss, damage or expense that Landlord suffers may suffer or incur, including, without limitation, as a result of claims by third parties resulting from Landlord’s inability to give possession of the Demised Premises to another tenant or to any owner in fee of the Property resulting from such holding over, including without limitation, any claims made over by any succeeding occupant or purchaser founded on such delayTenant. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth Nothing contained in this subsection Section shall (b)i) imply any right of Tenant to remain in the Demised Premises after the termination of this Lease without the execution of a new lease, (ii) imply any obligation of Landlord to exercise all rights and remedies provided by law grant a new lease or in equity, including the remedies of Paragraph 19(b)(iii) be construed to limit any right or remedy that Landlord has against Tenant as a holdover tenant or trespasser.

Surrender and Holding Over. (a) Upon the expiration termination of this Lease, whether by forfeiture, lapse of time or earlier otherwise, or upon termination of Tenant's right to possession of the Premises, Tenaxx xxxl at once surrender and 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 include all plumbing, lighting, electrical heating, cooling and ventilating fixtures and equipment, and all alterations, (excluding trade fixtures and equipment of Tenant). All permanent alterations, additions and improvements made in or upon the Premises by Tenant (excluding trade fixtures and equipment of Tenant) shall become Landlord's property and shall remain upon the Premises on any such termination without compensation, allowance or credit to Tenant. Upon the termination of this Lease, Tenant shall peaceably leave remove Tenaxx'x xersonal property, trade fixtures and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repairequipment; provided, ordinary wear and tear exceptedhowever, and otherwise in accordance with the terms and conditions of this Lease. that Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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 injury or damage caused by to the Premises which may result from such removal. Trade Fixtures If Tenant does not remove Tenaxx'x xersonal property, trade fixtures and personal property not so removed at the expiration of the 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 equipment from the Leased Premises. The cost of removing and disposing of such property and repairing any damage Premises prior to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term 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 business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal repair, delivery and warehousing to Landlord within thirty (30) days of demand therefor. If Tenant or any party claiming under Tenaxx xxxains in possession of the Premises or any part thereof after any termination or expiration of this Lease, Landlord may treat such holdover as an automatic renewal of this Lease or any extensions thereoffor a month-to-month tenancy at the rate of Rent last payable under this Lease, with subject to all the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In additionprovided herein, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers or as a result of such holding overtenant at sufferance, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)as Landxxxx'x xole remedies.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises to Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this LeaseLandlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred twenty-five percent (125%) of the Basic Rent in effect immediately prior to such expiration or termination for the first three (3) months and at one hundred fifty percent (150%) of the Basic Rent reserved herein in effect immediately prior to such expiration or termination thereafter and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b)the previous sentence, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph Section 19(b). Additionally Tenant shall indemnify and hold Landlord harmless from and against all Claims incurred by Landlord as a result of such holding over.

Surrender and Holding Over. (a) Upon 22.1. On the expiration Expiration Date or on any earlier termination of this LeaseLease or on any reentry by Landlord on the Premises, Tenant shall peaceably leave quit and surrender the Leased Premises to Landlord in “"broom clean” " and in good order, condition and repair, except for ordinary wear and tear exceptedtear, damage or destruction by fire and other casualty and such other damage as Landlord is required to repair or restore under this Lease, and Tenant shall remove all Tenant's Property therefrom except as otherwise expressly provided in accordance this Lease. No act or thing done by Landlord or its agents or employees shall be deemed an acceptance of a surrender of this Lease or the Premises, and no agreement to accept such surrender prior to the Expiration Date shall be valid unless in writing and signed by Landlord. 22.2. If Tenant remains in possession of the Premises after the termination of this Lease without the execution of a new lease, Tenant, at the option of Landlord, shall be deemed to be occupying the Premises as a tenant from month to month, subject to all of the other terms and conditions of this Lease insofar as the same are applicable to a month-to-month tenancy, but at a monthly rental equal to the greater of (a) 150% of the monthly Fixed Rent last payable by Tenant hereunder, plus all Additional Charges payable hereunder, and (b) Landlord's then asking price, on a monthly basis, for comparable space in the Building (or, if Landlord has no asking price, the monthly rental equal to the prevailing rate for comparable space in comparable buildings in the vicinity of the Building). Nothing contained in this Section shall (i) imply any right of Tenant to remain in the Premises after the termination of this Lease without the execution of a new lease, (ii) imply any obligation by Landlord to grant a new lease or (iii) be construed to limit any right or remedy that Landlord has against Tenant as a holdover tenant or trespasser. 22.3. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (a) Upon 23.01. On the expiration last day of the Term, or upon any earlier termination of this Lease, or upon any reentry by Landlord upon the Premises, Tenant shall peaceably leave quit and surrender the Leased Premises to Landlord in “broom "broom-clean” " and in good order, condition and repair, except for ordinary wear and tear exceptedand such damage or destruction as Tenant is not required to repair or restore under this Lease, and Tenant shall remove all of the Tenant's Property therefrom except as otherwise expressly provided in accordance this Lease. No act or thing done by Landlord or its agents shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept such surrender shall be valid unless in writing and signed by Landlord. 23.02. If Tenant remains in possession of the Premises after the termination of this Lease without the execution of a new lease, Tenant, at the option of Landlord, shall be deemed to be occupying the Premises as a tenant from month to month, subject to all of the other terms and conditions of this Lease insofar as the same are applicable to a month-to-month tenancy, but at a monthly rental equal to the greater of (a) two times the monthly Fixed Rent last payable by Tenant hereunder, plus all Additional Charges payable hereunder, and (b) Landlord's then asking price, on a monthly basis, for comparable space in the Building (or, if Landlord has no asking price, the monthly rental equal to the prevailing rate for comparable space in comparable buildings in the vicinity of the Building). Nothing contained in this Section shall (i) imply any right of Tenant to remain in the Premises after the termination of this Lease without the execution of a new lease, (ii) imply any obligation of Landlord to grant a new lease or (iii) be construed to limit any right or remedy that Landlord has against Tenant as a holdover tenant or trespasser. 23.03. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).

Surrender and Holding Over. (aA) Upon At the expiration or earlier sooner termination of the tenancy 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 peaceably leave remove any and surrender all trade fixtures, equipment and other unattached items which Tenant may have installed, stored or left in the Leased Premises to Landlord or elsewhere in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than LandlordShopping Center, and Tenant at 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 expense shalltrade fixtures or other property as provided in this Article 19, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures fixtures and personal other property not so removed by Tenant shall be deemed abandoned by Tenant and at the expiration option of the Term or within thirty days after the earlier termination of the Term for any reason whatsoever Landlord shall become the property of Landlord, and Landlord or at Landlord’s option may thereafter cause such property to be removed from by Landlord at Tenant’s expense, or placed in storage at Tenant’s expense, or sold or otherwise disposed of, in which event the Leased Premises. The cost of removing and disposing proceeds of such property and repairing sale or other disposition shall belong to Landlord. In the event Tenant does not make any damage to any of the Leased Premises caused repairs as required 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. Notwithstanding anything to the contrary in this Paragraph 23(aArticle 19(A), Tenant shall not be obligated liable for and agrees to remove any safe pay Landlord’s costs and expenses in making such repairs. Tenant’s obligations and covenants under this Article 19(A) shall survive the expiration or vault located on the Leased Premises nor shall it be responsible for the cost termination of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlordthis Lease. (bB) Any holding over by If Tenant or anyone claiming under Tenant remains in possession of the Leased Premises after the expiration or earlier termination of the term of this Lease or any extensions thereofTerm, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant that person shall be liable to Landlord for a tenant at sufferance; and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of during such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent Base Rent shall entitle Landlord, in addition to collecting Basic Rent at be twice the rate set forth which was in effect immediately prior to the Lease Term expiration, which Landlord may collect without admission that Tenant’s estate is more than a tenancy at sufferance, and all the other provisions of this subsection (b), Lease shall apply insofar as the same are applicable to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)a tenancy at sufferance.

Surrender and Holding Over. (a) Upon the Subtenant, upon expiration or earlier termination of this Sublease, either by lapse of time or otherwise, shall peaceably surrender the Subleased Premises to Sublandlord in the condition required by the Prime Lease, Tenant with Subtenant also removing any improvements or fixtures installed by Subtenant in the Sublease required to be removed pursuant to the Prime Lease. In the event that Subtenant shall peaceably leave and fail to surrender the Leased Subleased Premises upon demand, Sublandlord, in addition to all other remedies available to it hereunder or at law or in equity, shall have the right to receive, as liquidated damages for all the time Subtenant shall so retain possession of the Subleased Premises or any part thereof, an amount equal to the amount Sublandlord is required to pay to Prime Landlord under the Prime Lease, provided that Subtenant shall nonetheless be a Subtenant at sufferance. Notwithstanding anything in “broom clean” and this Sublease to the contrary, in good condition and repairno event shall Subtenant be required to remove any alterations, ordinary wear and tear exceptedimprovements, and otherwise wires or other items installed in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Subleased Premises on or prior to the Effective Date or otherwise by or on behalf of Sublandlord or to otherwise restore the Subleased Premises; Sublandlord shall be responsible for all such expiration or earlier termination the Trade Fixtures removal and personal property which is 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. Trade Fixtures and personal property not so removed at the restoration obligations upon expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the LandlordPrime Lease. (b) Any holding over by Tenant If Subtenant remains in possession of the Leased Subleased Premises after with Sublandlord’s and Prime Landlord’s consent but without a new Sublease or a direct lease with Prime Landlord in writing and duly executed by Sublandlord, Subtenant shall be deemed to be occupying the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed Subleased Premises as tenancy a Subtenant from month to month onlymonth, at one hundred fifty percent (150%) of but otherwise subject to all the Basic Rent reserved herein and upon the same terms covenants and conditions as contained in of this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)Sublease.

Surrender and Holding Over. (a) Upon 24.1. On the expiration last day of the Term, or upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises or repossession by the Landlord of the Equipment pursuant hereto, Tenant shall peaceably leave and surrender the Leased Demised Premises to and the Equipment into the possession and use of Landlord without delay and, except as otherwise specifically provided in “broom clean” and Article 9 or Article 10, in at least as good order, condition and repair, ordinary wear and tear and obsolescence excepted, as the condition and otherwise repair in which the Demised Premises and the Equipment are delivered to Tenant by Landlord at the commencement of the Term, free and clear of all letting and occupancies and free and clear of all liens and encumbrances other than those, if any, existing on the date of this Lease and those created by Landlord after the date of this Lease without the consent of the Tenant. Nothing contained in this Lease shall require Tenant to deliver to Landlord at the expiration or other termination of this Lease any Equipment that Tenant has theretofore removed in accordance with the terms and conditions provisions of this Lease. Tenant shall remove from the Leased Premises on At or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration of the 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the term Term, Tenant shall (a) pay to Landlord any amounts required to modify, to the extent necessary to render such Improvements or Equipment operable by Landlord, any Improvement or Equipment that cannot be operated, or the products produced by which cannot be sold, as a result of Landlord's lack of any Related Lease Process Technology (after taking into account any Related Lease Process Technology offered by Tenant for immediate transfer or license to Landlord at no cost to Landlord), or (b) in lieu of the payment of such amounts, (i) make in accordance with Article 12 any Alteration necessary to restore the Demised Premises and the Equipment, or any portion of either, to substantially the same configuration and condition that existed as of the date of the commencement of the Term, and to render the Demised Premises and 84 the Equipment operable by Landlord to the extent the same were operable immediately before the commencement of the Term, and (ii) transfer or perpetually license to Landlord, (A) without cost to Landlord, any intellectual property necessary to operate the Demised Premises and the Equipment, as so restored, to the extent that such intellectual property was transferred or licensed to SCG or any of its Affiliates pursuant to the Asset Purchase Agreement, and (B) at Landlord's election and for a reasonable royalty negotiated in good faith by Landlord and Tenant, a license to use improvements and enhancements to such intellectual property. At or prior to the expiration or earlier termination of the Term, Tenant shall, upon Landlord's request with respect to each such agreement or contract, Landlord's assumption of the obligations of Tenant accruing thereunder after the date of such transfer and Landlord's indemnification of Tenant against such obligations assumed, transfer to Landlord Tenant's interest in each then valid and binding contract or other agreement (to the extent assignable) relating to the Demised Premises or the Equipment the lack of which would materially adversely affect Landlord's ability to operate the physical facilities at the Demised Premises in the manner in which they are being used at the time of such expiration or termination. Tenant shall indemnify Landlord for any claims, loss, damages or expense incurred by Landlord as a result of Tenant's breach of any such contract or agreement arising before Tenant so transfers its interest in such contract or agreement. Landlord shall reimburse Tenant for the reasonable costs incurred by Tenant in the transfer of such agreements and contracts. 24.2. Any personal property of Tenant or any subtenant which shall remain at the Demised Premises for more than 20 days after the termination of this Lease or any extensions thereofsublease may, with at the consent option of Landlord, be deemed to have been abandoned by Tenant or any such subtenant and either may be retained by Landlord as its property or be disposed of without accountability in such manner as Landlord may see fit. 24.3. With respect to the events referred to in Section 24.2, Landlord shall operate not be responsible for any loss or damage occurring to any property owned by Tenant or any subtenant. 24.4. Any subrents shall be apportioned between Landlord and Tenant as of the last day of the Term hereof or as of the effective date of any earlier termination of this Lease to the extent necessary to provide Landlord with the benefits of any sublease arrangement that extends beyond the expiration or termination of the Term to the extent such benefits relate to any period after such expiration or termination. Nothing in this Section 24.4 shall be construed as tenancy from month deemed to month onlyconfer upon Tenant any right to sublease all or a portion of the Demised Premises. (a) In the event of a termination of the Term and a holding over by the Tenant thereafter, at one hundred fifty percent (150%) there shall be no renewal or extension of this Lease by operation of law, but the Tenant shall continue to pay to the Landlord a sum equal to twice the Basic Rent reserved herein and upon installment then payable, plus all other amounts payable by Tenant to Landlord hereunder, the same terms and conditions as Basic Rent to be calculated on a per diem basis for each day or fraction thereof that the Tenant remains in occupancy of the Demised Premises after expiration of the Term. (b) Nothing contained in this Lease. In addition, Tenant Section 24.5 shall be liable deemed to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers grant Tenant any right to occupy the Demised Premises at any time after the termination of this Lease, whether as a result of such holding over, including without limitation, the expiration of the Term or otherwise. 24.6. The provisions of this Article 24 shall survive any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in termination of this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)Lease.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in “broom clean” 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 in good condition and repair, except for ordinary wear and tear exceptedand damage by fire, and otherwise in accordance with casualty or condemnation but only to the terms and conditions of this Leaseextent Tenant is not required to repair the same hereunder. Tenant shall may remove at Tenant’s sole cost and expense from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and Tenant’s personal property which is 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. Trade Fixtures and Tenant’s personal property not so removed at the expiration end of the Term or within thirty 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. The cost of removing and disposing of such property and repairing any damage to any of the 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. Notwithstanding anything to the contrary in this Paragraph 23(a)Upon such expiration or earlier termination, Tenant no party shall not be obligated to remove have any safe further rights or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) 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 Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, upon 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 the Basic Rent reserved herein; and (ii) thereafter, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delayherein. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the a rate as set forth in this subsection (b)the preceding sentence, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)20.

Surrender and Holding Over. (a) Upon At the expiration or earlier termination of this LeaseSublease, Tenant Subtenant shall peaceably leave quit and surrender the Leased Subleased Premises to Landlord in “broom clean” and in as good condition and repairas it was at the beginning of the Sublease Term or as thereafter improved, ordinary reasonable wear and tear and damage by casualty excepted, and otherwise in accordance shall, to the extent not inconsistent with any specific provision of this Sublease, comply with all of the terms and conditions of this Leasethe Master Lease regarding surrender of the Premises. Tenant Without limitation of any of the foregoing, Subtenant shall remove from the Leased Premises on or prior to such before the expiration or earlier termination the Trade Fixtures and of this Sublease, (i) remove all of Subtenant’s personal property which is 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; (ii) at Sublandlord’s request, or if required by Master Landlord, remove all additions, alterations and changes made to the Subleased Premises by or on behalf of Subtenant and repair any damage caused thereby; and (iii) remove all trash and broom sweep the Subleased Premises. Trade Fixtures and If any personal property not so removed of Subtenant shall remain in the Subleased Premises after the termination of this Sublease, at the election of Sublandlord, (x) it shall be deemed to have been abandoned by Subtenant and may be retained by Sublandlord as its own property; or (y) such property may be removed and disposed of by Sublandlord at the expense of Subtenant. Subtenant’s obligation to observe or perform under this Paragraph 19 shall survive the expiration or earlier termination of this Sublease. (b) If Subtenant fails to surrender the Term Subleased Premises in the condition required hereunder on the expiration or within thirty days after the earlier termination of the Term for any reason whatsoever Sublease, such holding over shall become the property of Landlordrender Subtenant a tenant-at-sufferance only, and Landlord may thereafter cause such property shall be subject to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any all of the Leased Premises caused terms and provisions of this Sublease, and Subtenant shall pay to Sublandlord the greater of (i) any amounts owed by such removal shall be borne by Tenant. Landlord shall not in any manner or Sublandlord to any extent be obligated to reimburse Tenant for any property which becomes the property of Master Landlord as a result of such expiration Subtenant’s holding over; or earlier termination. Notwithstanding anything (ii) monthly holdover Base Rent equal to 200% of the contrary Base Rent payable in the last month of the Sublease Term plus any Additional Rent as set forth in this Paragraph 23(a)Sublease; provided, Tenant however, that if Subtenant’s holdover shall not be obligated the sole cause of Sublandlord’s holdover under the Master Lease, Subtenant shall pay as use and occupation each month an amount equal to remove any safe or vault located on twice the Leased Premises nor shall it be responsible monthly Base Rent plus Additional Rent and all other charges due for the cost of removal or disposal of any safe or vault nor entire Premises under the Master Lease for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the Leased Premises after last full calendar month preceding the expiration or earlier termination of the term of this Lease or the Master Lease, plus any extensions thereof, and all other costs and expenses incurred by Sublandlord in connection with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the rate set forth in this subsection (b), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b)holdover.

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Leased Premises (except as to any Individual Leased Premises or portion thereof with respect to which this Lease has previously terminated) to Landlord in “broom clean” and in good the condition and repair, the same is required to be maintained by Tenant pursuant to this Lease (ordinary wear and tear excepted, and otherwise in accordance with the terms and conditions of this Lease). Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is 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. Trade Fixtures and personal property not so removed at the expiration end of the 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. The cost of removing and disposing of such property and repairing any damage to any of the each Individual 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. Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant shall not be obligated to remove any safe or vault located on the Leased Premises nor shall it be responsible for the cost of removal or disposal of any safe or vault nor for the cost of repairing any damage caused by the removal of any safe or vault by the Landlord. (b) Any holding over by Tenant of the any Individual Leased Premises after the expiration or earlier termination of the term Term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy from month to month only, at one hundred fifty twenty-five percent (150125%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. In addition, Tenant shall be liable to Landlord for and shall indemnify Landlord from and against all Claims that Landlord suffers as a result of such holding over, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at the a rate set forth in this subsection of one hundred twenty-five percent (b)125%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 19(b).