Common use of Surrender at End of Term Clause in Contracts

Surrender at End of Term. On the last day of the term of this Sublease, or on the sooner termination thereof as provided herein, Sublessee shall peaceably surrender the Leased Premises in good condition and repair consistent with Sublessee's duty to make repairs as herein provided. On or before the last day of the term of this Sublease, or the sooner termination thereof as provided herein, Sublessee shall, at its expense, and if not then in default hereunder, remove all of its trade fixtures and equipment from the Leased Premises, and all property not removed shall be deemed abandoned. Sublessee shall leave the Leased Premises in good order, ordinary wear and tear excepted. Sublessee shall reimburse Sublessor for any expenses incurred by Sublessor with respect to removal or storage of abandoned property, with respect to repair of the Leased Premises as a result of Sublessee's removal of Sublessee's trade fixtures and equipment, and with respect to restoring the Leased Premises to good order, condition and repair. All alterations, additions, fixtures, paneling, partitions, railings and like installations, other than Sublessee's trade fixtures and equipment, which have been made or installed by either Sublessor or Sublessee upon the Leased Premises shall remain the Sublessor's property and shall be surrendered with the Leased Premises as a part thereof unless Sublessor directs Sublessee to remove same. If Sublessee fails to remove same as directed by Sublessor, Sublessee shall pay to Sublessor an amount that Sublessor reasonably believes necessary for the removal and disposal of same.. If the Leased Premises be not surrendered at the end of the term or sooner termination thereof, Sublessee shall indemnify Sublessor against loss or liability resulting from delay by Sublessee in so surrendering the Leased Premises, including, without limitation, claims made by any succeeding sublessees founded on such delay and any attorneys' fees resulting therefrom. Sublessee shall promptly surrender all keys for the Leased Premises to Sublessor at the place then fixed for the payment of rent and shall inform Sublessor of combinations on any vaults, locks and safes left on the Leased Premises.

Surrender at End of Term. On 32.01 Tenant shall, on the last day of the term Term or upon the earlier termination of this Subleasethe Term, or on quit and surrender to Landlord the sooner termination thereof as provided hereinPremises vacant, Sublessee shall peaceably surrender the Leased Premises free of all Removable Items, and in good condition order and repair consistent with Sublessee's duty to make repairs as herein provided. On or before the last day of the term of this Subleasecondition, or the sooner termination thereof as provided herein, Sublessee shall, at its expense, and if not then in default hereunder, remove all of its trade fixtures and equipment from the Leased Premises, and all property not removed shall be deemed abandoned. Sublessee shall leave the Leased Premises in good order, ordinary reasonable wear and tear and condemnation excepted, and free and clear of all lettings, occupancies, liens and encumbrances other than those, if any, existing at the date hereof, created by Landlord or which lettings and occupancies by their express terms and conditions extend beyond the Expiration Date and to which Landlord shall have consented and agreed, pursuant to this Lease or in writing, without any payment or allowance whatsoever by Landlord. Sublessee shall reimburse Sublessor for Tenant hereby waives any expenses incurred notice now or hereafter required by Sublessor law with respect to removal vacating the Premises on any such termination date. Tenant's obligation to observe and perform this covenant shall survive the expiration or storage of abandoned property, with respect to repair earlier termination of the Leased Premises Term. 32.02 Except as a result otherwise provided in Article 24 of Sublessee's removal of Sublessee's trade fixtures and equipmentthis Lease, and with respect to restoring the Leased Premises to good order, condition and repair. All alterations, additions, fixtures, paneling, partitions, railings and like installations, other than Sublessee's trade fixtures and equipment, which have been made or installed by either Sublessor or Sublessee upon the Leased Premises shall remain expiration of the Sublessor's property Term, all Rental and other items payable by Tenant under this Lease shall be apportioned to the date of termination. 32.03 Tenant acknowledges that possession of the Premises must be surrendered with the Leased Premises as a part thereof unless Sublessor directs Sublessee to remove same. If Sublessee fails to remove same as directed by Sublessor, Sublessee shall pay to Sublessor an amount that Sublessor reasonably believes necessary for the removal and disposal of same.. If the Leased Premises be not surrendered Landlord at the end expiration or earlier termination of the term or sooner termination thereofTerm. Tenant agrees to indemnify Landlord against and save Landlord harmless from any and all costs, Sublessee shall indemnify Sublessor against expenses, claims, loss or liability resulting from the failure or delay by Sublessee Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding sublessees tenant founded on such delay failure or delay. The parties recognize and agree that the damage to Landlord resulting from any attorneys' fees resulting therefromfailure by Tenant to surrender possession of the Premises timely as aforesaid will be extremely substantial, will exceed the amount of the Base Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Sublessee Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord upon the expiration or earlier termination of the Term, then Tenant shall promptly surrender pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over at the Premises after the expiration or sooner termination of the Term, in addition to any sums payable pursuant to the foregoing indemnity, a sum equal to 125% of the aggregate of the Base Rent and Additional Rent which was payable under this Lease with respect to the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the expiration or earlier termination of the Term. If Tenant holds over in possession after the expiration or termination of the Term, such holding over shall not be deemed to extend the Term or renew this Lease, but the tenancy thereafter shall continue as a tenancy from month to month upon the terms and conditions of this Lease at the Base Rent and Additional Rent as herein increased. This provision shall survive the expiration or earlier termination of this Lease. 32.04 On the last day of the Term or upon any earlier termination of the Lease or upon reentry by Landlord upon the Premises pursuant to Article 24 hereof, fee simple title to all keys fixtures and improvements therein (other than Removable Items) and to the Equipment shall revert to Landlord without the necessity of any further action by either party hereunder. Upon Landlord's request, Tenant shall execute and deliver to Landlord (in recordable form) all documents necessary to evidence such conveyance, including, without limitation, a quitclaim deed and xxxx of sale. Tenant shall deliver to Landlord Tenant's executed counterparts of all Subleases, any service and maintenance contracts that are in Tenant's possession and are then affecting the Premises, true and complete maintenance records for the Leased Premises Premises, all original licenses and permits then pertaining to Sublessor at the place Premises, permanent certificates of occupancy then fixed in effect for the payment Building, and all assignable warranties and guarantees then in effect which Tenant has received in connection with any work or services performed or Equipment installed in the Building, together with a duly executed assignment of rent any of the foregoing to Landlord, all financial reports, documents, books and records whatsoever relating to the Premises. Notwithstanding anything contained in this Section 32.04 to the contrary, Tenant shall have the right to remove any Equipment, personal property, furniture, trade fixtures and improvements (including, without limitation, all racking, shelving, conveyor equipment lifts, cabling, antenna, signage and other items of equipment) used in connection with the operation of Tenant's business on the Premises and which are not integral to the operation of the Building or the Building systems (collectively, "Removable Items") so long as: (i) such Removable Items may be removed without causing material damage to the Building; (ii) removal of such Removable Items will not reduce the value, useful life or utility of the Building below the value of the Building immediately preceding the installation or placement of such Removable Items; (iii) such Removable Items are not required for the lawful occupancy of the Building; and (iv) Tenant repairs any damage occasioned by the remove of such Removable Items. 32.05 On the last day of the Term or upon any earlier termination of this Lease or upon a re-enter by Landlord upon the Premises pursuant to Article 24 hereof, Tenant, at its sole cost and expense, shall remove from the Premises on or prior to such expiration, termination or reentry all personal property situated thereon which is not owned by Landlord, and shall inform Sublessor repair any material damage caused by such removal. Any property not so removed shall become the property of combinations on Landlord, and Landlord may cause such property to be removed from the Premises and disposed of, but the cost of any vaults, locks such removal and safes left on the Leased Premisesdisposition and of repairing any damage caused by such removal shall be borne by Tenant.

Surrender at End of Term. On (a) Upon the last day expiration of the term of this SubleaseTerm, or on upon a re-entry by Landlord upon the sooner termination thereof as provided hereinPremises pursuant to Article 21 hereof, Sublessee Tenant, without any payment or allowance whatsoever by Landlord, shall peaceably surrender the Leased Premises in good condition and repair consistent with Sublessee's duty to make repairs as herein provided. On or before the last day of the term of this Sublease, or the sooner termination thereof as provided herein, Sublessee shall, at its expense, and if not then in default hereunder, remove all of its trade fixtures and equipment from the Leased Premises, and all property not removed shall be deemed abandoned. Sublessee shall leave the Leased Premises in good order, ordinary wear and tear excepted. Sublessee shall reimburse Sublessor for any expenses incurred by Sublessor with respect to removal or storage of abandoned property, with respect to repair of the Leased Premises as a result of Sublessee's removal of Sublessee's trade fixtures and equipment, and with respect to restoring the Leased Premises to Landlord in good order, condition and repair, reasonable wear and tear and damage caused by casualty which is the responsibility of Landlord to repair excepted, free and clear of all subleases, licenses and other occupancies, liens and encumbrances created by Tenant or by anyone claiming by or through Tenant. All alterationsTenant hereby waives any notice now or hereafter required by law with respect to vacating the Premises on the Expiration of the Term. (b) Tenant acknowledges that possession of the entire Premises must be surrendered to Landlord at the Expiration or sooner termination of the Term. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender possession of the entire Premises as aforesaid will be substantial, additionswill exceed the amount of annual Base Rent and Additional Rent theretofore payable hereunder, fixtures, paneling, partitions, railings and like installations, other than Sublessee's trade fixtures and equipment, which have been made or installed by either Sublessor or Sublessee will be impossible to measure accurately. Tenant therefore agrees that if possession of the entire Premises is not surrendered to Landlord upon the Leased Premises shall remain expiration or sooner termination of the Sublessor's property and shall be surrendered with Term, then notwithstanding anything to the Leased Premises as a part thereof unless Sublessor directs Sublessee to remove same. If Sublessee fails to remove same as directed by Sublessorcontrary contained in this Lease, Sublessee Tenant shall pay to Sublessor an amount that Sublessor reasonably believes necessary Landlord for each month and for each portion of any month during which Tenant holds over in the removal and disposal of same.. If Premises after the Leased Premises be not surrendered at the end of the term expiration or sooner termination thereofof the Term, Sublessee shall indemnify Sublessor against loss or liability resulting from delay by Sublessee for use and occupancy, Base Rent at (i) 125% of the final monthly rate specified in so surrendering the Leased Premises, including, without limitation, claims made by any succeeding sublessees founded on such delay and any attorneys' fees resulting therefrom. Sublessee shall promptly surrender all keys Section 2.2 for the Leased Premises to Sublessor at first sixty (60) days that Tenant thus remains in possession, (ii) 150% of the place then fixed final monthly rate specified in Section 2.2 for the payment next sixty (60) days that Tenant thus remains in possession and (iii) 200% thereafter, together with all Additional Rent payable hereunder (and Landlord may accept such amounts without in any way waiving its rights to require Tenant to vacate the Premises) and, in addition thereto, Tenant shall pay Landlord for all damages, consequential as well as direct, sustained by reason of rent and shall inform Sublessor Tenant's retention of combinations on any vaults, locks and safes left on possession for more than sixty (60) days following the Leased Premisesexpiration or sooner termination of the Term.

Surrender at End of Term. On 9.1. Upon termination of this Agreement, Master Tenant shall quit and surrender the last day entire Project (including, without limitation the Improvements) to Landlord, without payment or off-set, in a condition substantially similar to the condition of the term Project on the Commencement Date, reasonable wear and tear and Capital Improvements excepted, free and clear of all leases and occupancies other than (a) the Existing Obligations (to the extent the same have not expired or have since been terminated), (b) Subleases and (c) any other leases and occupancies which Landlord has expressly agreed in writing shall survive the expiration or sooner termination of this SubleaseAgreement, and free and clear of all liens and encumbrances other than those, if any, created by Landlord and any Permitted Mortgage. Upon termination of this Agreement, Master Tenant shall assign the items set forth in (a), (b) and (c) above to Landlord. 9.2. Any personal property of Master Tenant, any subtenant, any space tenant, any occupant, any business invitee or on any licensee, which shall remain upon the Project after the expiration or sooner termination thereof as provided herein, Sublessee shall peaceably surrender the Leased Premises in good condition and repair consistent with Sublessee's duty to make repairs as herein provided. On or before the last day of the term of this SubleaseAgreement and the removal of Master Tenant, such subtenant, such space tenant, such occupant, such business invitee or such licensee from the Project, or the sooner termination thereof as provided hereinabandonment or vacation of the Project by Master Tenant or such subtenant, Sublessee shallspace tenant, occupant, business invitee or licensee, may, at its expensethe option of Landlord, be deemed to have been abandoned and either may be retained by Landlord as Landlord’s property or may be disposed of, without accountability, in such manner as Landlord may see fit, and if not then in default hereunderMaster Tenant agrees to defend, remove all of its trade fixtures indemnify and equipment hold Landlord harmless from the Leased Premises, and against any and all property not removed shall be deemed abandoned. Sublessee shall leave the Leased Premises in good orderliabilities, ordinary wear claims, damages, losses, charges and tear excepted. Sublessee shall reimburse Sublessor for any expenses incurred by Sublessor with respect to removal or storage of abandoned property, with respect to repair of the Leased Premises as a result of Sublessee's removal of Sublessee's trade fixtures and equipment, and with respect to restoring the Leased Premises to good order, condition and repair. All alterations, additions, fixtures, paneling, partitions, railings and like installations, other than Sublessee's trade fixtures and equipment, which have been made or installed by either Sublessor or Sublessee upon the Leased Premises shall remain the Sublessor's property and shall be surrendered with the Leased Premises as a part thereof unless Sublessor directs Sublessee to remove same. If Sublessee fails to remove same as directed by Sublessor, Sublessee shall pay to Sublessor an amount that Sublessor reasonably believes necessary for the removal and disposal of same.. If the Leased Premises be not surrendered at the end of the term or sooner termination thereof, Sublessee shall indemnify Sublessor against loss or liability resulting from delay by Sublessee in so surrendering the Leased Premises, (including, without limitation, claims made attorneys’ fees and expenses) arising in any way from such retention or disposition. 9.3. If Master Tenant does not vacate the Project upon expiration or sooner termination of this Agreement, then Landlord shall have the option to treat Master Tenant as a month-to-month tenant, subject to all of the provisions of this Agreement, except that: (i) the term shall be month-to-month and (ii) the rent (excluding Impositions which will also be payable) shall be an amount equal to 125% of the prior monthly installment of Rent. 9.4. Landlord shall not be responsible for any loss or damage occurring to any property owned by Master Tenant, any succeeding sublessees founded on such delay subtenant, any space tenant, any occupant, any business invitee or any licensee. 9.5. The terms, covenants, provisions and any attorneys' fees resulting therefrom. Sublessee conditions of this Section 9 shall promptly surrender all keys for survive the Leased Premises to Sublessor at the place then fixed for the payment expiration or sooner termination of rent and shall inform Sublessor of combinations on any vaults, locks and safes left on the Leased Premisesthis Agreement.

Surrender at End of Term. Section 33.01. On the last day of the term Term or upon any earlier termination of this SubleaseLease, or on upon a re-entry by Landlord upon the sooner termination thereof as provided hereinPremises pursuant to Article 24 hereof, Sublessee Tenant shall peaceably remove its personal property and Equipment and shall well and truly surrender and deliver up to Landlord the Leased Premises in good condition and repair consistent with Sublessee's duty to make repairs as herein provided. On or before the last day of the term of this Sublease, or the sooner termination thereof as provided herein, Sublessee shall, at its expense, and if not then in default hereunder, remove all of its trade fixtures and equipment from the Leased Premises, and all property not removed shall be deemed abandoned. Sublessee shall leave the Leased Premises in good order, ordinary wear and tear excepted. Sublessee shall reimburse Sublessor for any expenses incurred by Sublessor with respect to removal or storage of abandoned property, with respect to repair of the Leased Premises as a result of Sublessee's removal of Sublessee's trade fixtures and equipment, and with respect to restoring the Leased Premises to good order, condition and repair. All alterations, additionsreasonable wear and tear excepted, fixturesfree and clear of all lettings, panelingoccupancies, partitions, railings liens and like installationsencumbrances, other than Sublesseethose, if any, existing at the date hereof, created by or consented to by Landlord or which lettings and occupancies by their express terms and conditions extend beyond the Expiration Date, and which Landlord shall have consented and agreed, in writing, may extend beyond the Expiration Date, without any payment or allowance whatever by Landlord. Tenant hereby waives any notice now or hereafter required by law with respect to vacating the Premises on any such termination date. Section 33.02. On the last day of the Term or upon any earlier termination of the Lease, or upon a re-entry by Landlord upon the Premises pursuant to Article 24 hereof, Tenant shall deliver to Landlord Tenant's trade fixtures executed counterparts of all Subleases and equipmentany service and maintenance contracts then affecting the Premises, true and complete maintenance records for the Premises, all original licenses and permits then pertaining to the Premises, permanent or temporary Certificates of Occupancy then in effect for the Building, and all warranties and guarantees then in effect which Tenant has received in connection with any work or services performed or Fixtures installed in the Building, together with a duly executed assignment thereof to Landlord, all financial reports, books and records required by Article 38 hereof and any and all other documents of every kind and nature whatsoever relating to the Premises. Section 33.03. Any personal property of Tenant or of any Subtenant which shall remain on the Premises for thirty (30) days after the termination of this Lease and after the removal of Tenant or such Subtenant from the Premises, may, at the option of Landlord, be deemed to have been made abandoned by Tenant or installed 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. Landlord shall not be responsible for any loss or damage occurring to any such property owned by Tenant or any Subtenant. -98- 103 Section 33.04. Notwithstanding the provisions of Section 33.01 and 33.02 hereof, in the event that prior to Substantial Completion of the Building either Sublessor Landlord or Sublessee upon Tenant shall have terminated this Lease in accordance with the Leased Premises provisions of Article 43 hereof or Tenant shall remain have terminated this Lease in accordance with the Sublessorprovisions of Section 2.03 hereof, Tenant's property and sole obligations under this Article 33 shall be surrendered with to deliver the Leased Premises as a part thereof unless Sublessor directs Sublessee to remove same. If Sublessee fails to remove same as directed by Sublessor, Sublessee shall pay to Sublessor an amount that Sublessor reasonably believes necessary for the removal and disposal of same.. If the Leased Premises be not surrendered at the end of the term or sooner termination thereof, Sublessee shall indemnify Sublessor against loss or liability resulting from delay by Sublessee in so surrendering the Leased Premises, including, without limitation, claims made by any succeeding sublessees founded on such delay and any attorneys' fees resulting therefrom. Sublessee shall promptly surrender all keys for the Leased Premises to Sublessor at Landlord in a stabilized, safe and secure condition, fenced and with all debris removed no later than the place then fixed for the payment Lease Early Termination Date. Section 33.05. The provisions of rent and this Article 33 shall inform Sublessor survive any termination of combinations on any vaults, locks and safes left on the Leased Premisesthis Lease.

Surrender at End of Term. On A. Subject to the last day rights of a Sublessee provided in Section 14 above, Lessee covenants that at the term termination of this SubleaseLease, or on howsoever caused, it will quit and surrender Xxxxxx’s right, title and interest in the sooner termination thereof as provided hereinPremises and Facilities in a safe, Sublessee shall peaceably surrender the Leased Premises in sanitary and good condition and repair consistent with Sublessee's duty repair, excepting reasonable wear and tear, unless District elects to make repairs have the Facilities razed, as herein providedprovided in Section 31.D below. On or before Notwithstanding the last day above, District and Xxxxxx acknowledge and agree that given the age of the term of this Sublease, or the sooner termination thereof as provided herein, Sublessee shall, at its expense, and if not then in default hereunder, remove all of its trade fixtures and equipment from the Leased Premises, and all property not removed shall be deemed abandoned. Sublessee shall leave the Leased Premises in good order, ordinary wear and tear excepted. Sublessee shall reimburse Sublessor for any expenses incurred by Sublessor with respect to removal or storage of abandoned property, with respect to repair of the Leased Premises as a result of Sublessee's removal of Sublessee's trade fixtures and equipment, and with respect to restoring the Leased Premises to good order, condition and repair. All alterations, additions, fixtures, paneling, partitions, railings and like installations, other than Sublessee's trade fixtures and equipment, which have been made or installed by either Sublessor or Sublessee upon the Leased Premises shall remain the Sublessor's property and shall be surrendered with the Leased Premises as a part thereof unless Sublessor directs Sublessee to remove same. If Sublessee fails to remove same as directed by Sublessor, Sublessee shall pay to Sublessor an amount that Sublessor reasonably believes necessary for the removal and disposal of same.. If the Leased Premises be not surrendered Facilities at the end of the term Term they may have reached the end of their useful life and that nothing in this Section 31 shall obligate Lessee to make any capital improvements or sooner expend any funds not fully reserved for pursuant to a Study. B. All Facilities located on the Premises at the expiration or earlier termination thereofof the Term of this Lease, howsoever caused, shall, without payment or compensation of any kind to Lessee, then become District’s property, in fee simple, free and clear of all claims, liens and encumbrances imposed by or against Lessee, any Leasehold Mortgagee, any Sublessee or Tenant, or any other third party claiming by or through Lessee (collectively, the “Prohibited Encumbrances”). Upon termination of this Lease howsoever caused, Lessee shall indemnify Sublessor against loss remove from the Premises, within fifteen (15) days following the date of such termination, all office equipment, trade fixtures and personal property (collectively “Lessee’s Personal Property”) belonging to Lessee located in any management office maintained by Lessee on the Premises, provided Lessee repairs any damage caused by such removal. All of Lessee’s Personal Property that is not removed by Lessee within thirty (30) days following the termination of this Lease, shall become the property of District; provided, however, that if District has required Lessee to raze the Facilities pursuant to Section 31.D below, Lessee shall have up to ninety (90) days to remove Xxxxxx’s Personal Property. C. Without limiting the provisions of this Section 31, Xxxxxx agrees that upon the expiration or earlier termination of this Lease, howsoever caused, it will execute, acknowledge and deliver to District, within thirty (30) days after written demand from District, all such documents and instruments as shall be reasonably necessary to evidence and confirm the transfer of ownership of the Facilities from Lessee to District, in the condition provided in Section 31.A above, free and clear of any Prohibited Encumbrances thereon. Lessee shall perform its obligations set forth in the preceding sentence without any further consideration required from District to Lessee, any Sublessee or Tenant or third party, and Xxxxxx shall defend and hold District harmless from all liability resulting arising from delay by Sublessee in so surrendering any claims arising from the Leased Premisesexistence of any Prohibited Encumbrances. Concurrently with its delivery of the above documents and instruments, Lessee shall also deliver to District copies of all documents reasonably required for the operation of the Facilities, including, without limitation, claims made by copies of all Subleases and service contracts. D. Notwithstanding anything contained in this Lease to the contrary, Lessee shall raze and remove all Facilities (including the foundation of any succeeding sublessees founded on such delay and buildings, but not any attorneys' fees resulting therefrom. Sublessee shall promptly surrender all keys for the Leased Premises to Sublessor at the place then fixed for the payment of rent and shall inform Sublessor of combinations on any vaults, locks and safes left other underground improvements) located on the Leased Premises.Premises constructed thereon by Lessee, or anyone operating through Lessee, which work shall be completed within ninety (90) days after the expiration of this Lease, unless District gives Lessee written notice to not raze the Facilities or any portion thereof at least seven (7) years prior to the expiration of this Lease. The cost of such work shall be a Project Cost and sufficient reserve funds (separate from and in addition to the Capital Replacement Reserve) may be accrued by Lessee (beginning as early as ten (10) years prior to expiration of this Lease) as a Project Cost. Also, consistent with the terms of Section

Surrender at End of Term. On Tenant shall vacate the last day Premises at the expiration or other termination of this Lease or of Tenant's right of possession, and except as otherwise provided, shall remove all goods and effects not belonging to Landlord (including without limitation all wiring and cabling including those running outside of the term of this Sublease, or on the sooner termination thereof as provided herein, Sublessee shall peaceably surrender the Leased Premises in good condition and repair consistent with Sublessee's duty to make repairs as herein provided. On or before the last day of the term of this Sublease, or the sooner termination thereof as provided herein, Sublessee shall, at its expensePremises), and if not then in default hereunder, remove all of its trade fixtures and equipment from the Leased Premises, and all property not removed shall be deemed abandoned. Sublessee shall leave the Leased Premises in good order, ordinary wear and tear excepted. Sublessee shall reimburse Sublessor for any expenses incurred by Sublessor with respect to removal or storage of abandoned property, with respect to repair of the Leased Premises as a result of Sublessee's removal of Sublessee's trade fixtures and equipment, and with respect to restoring the Leased Premises to good order, condition and repair. All leasehold alterations, additions, fixturesimprovements and fixtures to be removed from the Premises by Tenant pursuant to the terms of Section 7 hereof, paneling, partitions, railings and like installations, other than Sublessee's trade shall surrender possession of the Premises and all fixtures and equipmentsystems thereof not required to be removed, in good repair and good working condition, reasonable wear, tear and damage by casualty for which have been made or installed Tenant is not responsible hereunder excepted and Tenant shall otherwise comply with Section 7 hereof. If Tenant shall fail to perform any of the foregoing obligations. Landlord is hereby expressly authorized to do so on Tenant's behalf and at Tenant's sole cost and expense, and Landlord may sell such articles on the Premises as Landlord in its sole discretion deems saleable, and may dispose of others in any manner which it chooses. Tenant shall pay and be liable for any and all costs and expenses incurred by either Sublessor or Sublessee upon the Leased Premises shall remain the Sublessor's property and Landlord hereunder. The proceeds of any such sale shall be surrendered with applied toward the Leased expenses thus incurred AS well as any other outstanding obligations of Tenant under this Lease and Tenant agrees to pay any remaining balance promptly. For purposes of this paragraph, reference to "Premises'" shall include any exterior storage or other areas in the Building, on the roof or elsewhere within the Property outside of the Premises as a part thereof unless Sublessor directs Sublessee to remove samewhich Tenant had exclusive use or utilized in connection with its operations. If Sublessee fails In furtherance but without limitation of the foregoing, at the expiration or other termination of this Lease, Tenant shall be responsible for (i) removing all items from exterior or other storage areas and repairing and restoring those areas to remove same original condition; (ii) removing any dumpster(s) from the Property and repairing and restoring any areas damaged by dumpster(s) use (whether wear or tear or otherwise) to original condition; (iii) removing any roof telecommunication devices and, except as otherwise directed by SublessorLandlord, Sublessee shall pay to Sublessor an amount that Sublessor reasonably believes necessary for rooftop HVAC units and back-up generators (and associated conduits, wiring and the removal and disposal of same.. If like) serving the Leased Premises be not surrendered at the end of the term or sooner termination thereof, Sublessee shall indemnify Sublessor against loss or liability resulting from delay by Sublessee in so surrendering the Leased Premises, including, without limitation, claims made by any succeeding sublessees founded on such delay and any attorneys' fees resulting therefrom. Sublessee shall promptly surrender all keys for repairing and restoring the Leased Premises roof and other affected areas to Sublessor at the place then fixed for the payment of rent and shall inform Sublessor of combinations on any vaults, locks and safes left on the Leased Premisesoriginal condition.

Surrender at End of Term. On A. At the last day expiration of the term of this SubleaseLease as set forth in Article 2 hereof, or on upon the sooner termination thereof as provided herein, Sublessee shall peaceably surrender the Leased Premises in good condition and repair consistent with Sublessee's duty to make repairs as herein provided. On or before the last day of the term pursuant to Article 23 or any other provision of this SubleaseLease, Tenant shall surrender and deliver up to Landlord the Demised Premises, buildings and improvements and the sidewalk, vaults and streets and appurtenances in front of or appurtenant to the sooner termination thereof as provided herein, Sublessee shall, at its expense, and if not then in default hereunder, remove all of its trade fixtures and equipment from the Leased Demised Premises, and also all property elevators, pipes, plumbing, electric wires, boilers and steam heating plant, and all machinery, in the same condition existing on the date hereof, ordinary-y wear and tear excepted, to which end Tenant herein specifically contracts, under penalty of forfeiture and damages, that, except to the extent that such items are the responsibility of Landlord, as described in Article 8 hereof, Tenant shall at all times not removed shall be deemed abandoned. Sublessee shall leave only keep all building on the Leased Premises said premises, adjacent sidewalk and vaults, if any, in good orderthe same condition existing on the date hereof, ordinary wear and tear excepted. Sublessee shall reimburse Sublessor for any expenses incurred by Sublessor with respect , whether inside and outside, and whether structural or otherwise, extraordinary or unforeseen, and will from time to removal or storage of abandoned propertytime, with respect if necessary, renew the same to repair the end that deliver-y of the Leased aforesaid Demised Premises as a result of Sublessee's removal of Sublessee's trade fixtures and equipmentsidewalks, vaults and with respect streets and all pipes, plumbing, electric wires, boilers and steam heating plant, elevators and machinery, within, in front of, or appurtenant to restoring the Leased Premises to good orderDemised Premises, condition and repair. All alterations, additions, fixtures, paneling, partitions, railings and like installations, other than Sublessee's trade fixtures and equipment, which have been made or installed by either Sublessor or Sublessee upon the Leased Premises shall remain the Sublessor's property and shall may be surrendered with the Leased Premises as a part thereof unless Sublessor directs Sublessee to remove same. If Sublessee fails to remove same as directed by Sublessor, Sublessee shall pay to Sublessor an amount that Sublessor reasonably believes necessary for the removal and disposal of same.. If the Leased Premises be not surrendered at the end expiration of this Lease in the same condition existing on the date hereof, ordinary wear and tear excepted. B. Tenant hereby covenants and agrees that at the expiration of the term of this Lease as set forth in Article 2 hereof, or upon the sooner termination thereofof the term pursuant to Article 23 or any other provision of this Lease, Sublessee shall indemnify Sublessor against loss or liability resulting from delay by Sublessee in so surrendering it will restore the Leased Premises, including, without limitation, claims made by any succeeding sublessees founded on such delay and any attorneys' fees resulting therefrom. Sublessee shall promptly surrender all keys for the Leased Demised Premises to Sublessor the condition that they were in on the day before the Commencement Date of this Lease (normal wear and tear excepted), or, at Tenant's option, rent to the Landlord the reasonable cost of such restoration, as more fully described in Article 8B hereof In the event that Tenant causes the Certificate of Occupancy set forth in Article 13 to be amended, Tenant agrees, at its sole cost, to cause such Certificate of Occupancy to be restored to its former provision at the place then fixed for expiration of any renewal of this Lease, or the payment termination of rent and shall inform Sublessor this Lease pursuant to Article 23 or any other provision of combinations on any vaults, locks and safes left on the Leased Premisesthis Lease.

Surrender at End of Term. Section 16.1 On the last day of the term Term or upon any earlier termination of this SubleaseLease, or on any re-entry by Landlord upon the sooner termination thereof as provided hereinDemised Premises pursuant to Article 14, Sublessee Tenant agrees that it shall peaceably well and truly surrender and deliver up to Landlord the Leased Premises Demised Premises, together with all additions, alterations and improvements thereto and Equipment therein, in good order and in the condition and state of repair consistent with Sublessee's duty in which Tenant is obligated to make repairs as herein providedmaintain the same pursuant to Article 6, reasonable wear and tear excepted, free and clear of all subleases and occupancies, liens and encumbrances (other than liens and encumbrances existing on the date hereof or which Landlord has consented to in writing). For the avoidance of doubt, all Equipment is and shall be the property of Landlord. Section 16.2 On or before the last day of the term Term or upon any sooner termination of this SubleaseLease or upon re-entry by Landlord upon the Demised Premises, Tenant agrees to deliver to Landlord such of the following as shall be in Tenant's possession or control: (a) service and maintenance records for the Demised Premises; (b) all original leases, licenses and permits then pertaining to the Demised Premises that are permitted to be transferred to Landlord under Colorado law; (c) all certificates of the Colorado Division of Fire Prevention and Control; (d) all warranties and guarantees then in effect which Tenant has received in connection with any work or services performed or fixtures installed in any part of the Demised Premises, which will be Landlord's after the expiration or earlier termination of this Lease, together with a duly executed assignment thereof to Landlord; and (e) any and all other documents which may be reasonably necessary for the use, maintenance, operation and management of the Demised Premises. Section 16.3 If for any reason or no reason Tenant remains in the Demised Premises after the expiration or sooner termination thereof as provided hereinof the Term, Sublessee shallthen Landlord will suffer injury that is substantial, at its expensedifficult or impossible to measure accurately. Therefore, and if not Tenant remains in the Demised Premises after the expiration or sooner termination of the Term, for any reason or for no reason, then in default hereunderaddition to any other rights or remedies of Landlord, remove all of its trade fixtures and equipment from the Leased Premises, and all property not removed shall be deemed abandoned. Sublessee shall leave the Leased Premises in good order, ordinary wear and tear excepted. Sublessee shall reimburse Sublessor for any expenses incurred by Sublessor with respect to removal or storage of abandoned property, with respect to repair of the Leased Premises as a result of Sublessee's removal of Sublessee's trade fixtures and equipment, and with respect to restoring the Leased Premises to good order, condition and repair. All alterations, additions, fixtures, paneling, partitions, railings and like installations, other than Sublessee's trade fixtures and equipment, which have been made or installed by either Sublessor or Sublessee upon the Leased Premises shall remain the Sublessor's property and shall be surrendered with the Leased Premises as a part thereof unless Sublessor directs Sublessee to remove same. If Sublessee fails to remove same as directed by Sublessor, Sublessee Tenant shall pay to Sublessor an amount that Sublessor reasonably believes necessary Landlord, as liquidated damages and not as a penalty, for each month or any portion thereof during which Tenant holds over after the removal and disposal of same.. If the Leased Premises be not surrendered at the end of the term expiration or sooner termination thereofof the Term, Sublessee shall indemnify Sublessor against loss a sum equal to one and one-half (1.5) times the average monthly basic rent and additional rent paid by Tenant during the Lease Year immediately preceding such expiration or liability resulting from delay by Sublessee in so surrendering sooner termination of the Leased Premises, including, without limitation, claims made by any succeeding sublessees founded on such delay and any attorneys' fees resulting therefrom. Sublessee shall promptly surrender all keys Term for the Leased Premises to Sublessor at first one hundred twenty (120) days of the place then fixed for holdover period and two (2) times the payment of average monthly basic rent and additional rent paid by Tenant during the Lease Year immediately preceding such expiration or sooner termination of the Term thereafter. Section 16.4 The provisions of this Article 16 shall inform Sublessor survive the expiration or termination of combinations on any vaults, locks and safes left on the Leased Premisesthis Lease.

Surrender at End of Term. On At the last day of the term expiration or earlier termination of this SubleaseLease or Tenant’s right of possession, or on Tenant shall remove Tenant’s Removable Property (as defined below) from the sooner termination thereof as provided hereinProject, Sublessee shall peaceably and quit and surrender the Leased Premises in good condition and repair consistent with Sublessee's duty Project to make repairs as herein provided. On or before the last day of the term of this SubleaseLandlord, or the sooner termination thereof as provided herein, Sublessee shall, at its expensebroom clean, and if not then in default hereunder, remove all of its trade fixtures and equipment from the Leased Premises, and all property not removed shall be deemed abandoned. Sublessee shall leave the Leased Premises in good order, ordinary wear and tear excepted. Sublessee shall reimburse Sublessor for any expenses incurred by Sublessor with respect to removal or storage of abandoned property, with respect to repair of the Leased Premises as a result of Sublessee's removal of Sublessee's trade fixtures and equipment, and with respect to restoring the Leased Premises to good order, condition and repair. All alterations, additionsordinary wear and tear, fixturescasualty, panelingcondemnation, partitions, railings and like installations, other than Sublessee's trade fixtures and equipment, which have been made or installed damage caused by either Sublessor or Sublessee upon the Leased Premises shall remain the Sublessor's property and shall be surrendered with the Leased Premises as a part thereof unless Sublessor directs Sublessee to remove sameLandlord excepted. If Sublessee Tenant fails to remove same any of Tenant’s Removable Property within five (5) days after the termination of this Lease or Expiration Date (as directed by Sublessorextended as provided herein), Sublessee Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges reasonably incurred for Tenant’s Removable Property. In addition, if Tenant fails to Sublessor an amount that Sublessor reasonably believes necessary remove Tenant’s Removable Property from the Project or storage, as the case may be, within 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Materials) shall be deemed to be immediately vested in Landlord. Tenant’s possession of the Project after the termination or expiration of the Lease for removal of the Removable Property shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Operating Expenses on a per diem basis at the rate in effect for the last month of the Lease Term. Tenant shall repair damage caused by the installation or removal and disposal of same.. If Tenant’s Removable Property. Notwithstanding the Leased Premises be not surrendered foregoing, at the end time Tenant requests the approval of Tenant Work as provided in Rider 1 or the consent of Landlord to install Special Installations or other Tenant alterations as required under Section 9.1, Landlord shall notify Tenant what, if any, Tenant Work, Special Installations, and/or Tenant alterations must be removed upon the expiration or earlier termination of this Lease concurrently with Landlord’s delivery of written approval of the term Tenant Work or sooner written consent to the applicable Special Installations or Tenant alterations. If Landlord fails to timely deliver such notice, then Tenant may deliver a notice to Landlord (each, a “Deemed Approval Notice”) specifying in all capital letters and boldface type on page 1 of such letter the following: “YOUR FAILURE TO APPROVE OR DISAPPROVE THE ALTERATION REMOVAL REQUEST SET FORTH IN THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS SHALL BE DEEMED LANDLORD’S ACKNOWLEDGEMENT THAT THE ALTERATION(S) NEED NOT BE REMOVED AT THE TERMINATION OF THE LEASE.” If Landlord fails to respond within five (5) business days after Landlord’s receipt of a Deemed Approval Notice, then, upon the expiration or earlier termination thereofof this Lease, Sublessee Tenant shall indemnify Sublessor against loss or liability resulting from delay by Sublessee have no obligation to remove the alterations that were identified in so surrendering the Leased Premises, including, without limitation, claims made by any succeeding sublessees founded on such delay and any attorneys' fees resulting therefrom. Sublessee shall promptly surrender all keys for the Leased Premises to Sublessor at the place then fixed for the payment of rent and shall inform Sublessor of combinations on any vaults, locks and safes left on the Leased PremisesDeemed Approval Notice.

Surrender at End of Term. On 30.1 Tenant shall, on the last day of the term Term or upon the earlier termination of this Subleasethe Term, or on quit and surrender to Landlord the sooner termination thereof as provided hereinPremises vacant, Sublessee shall peaceably surrender the Leased Premises free of all equipment, furniture and other personal property and in good condition order and repair consistent with Sublessee's duty to make repairs as herein provided. On or before the last day of the term of this Subleasecondition, or the sooner termination thereof as provided hereinreasonable wear and tear, Sublessee shall, at its expensecasualty and condemnation excepted, and free and clear of all lettings, occupancies, liens and encumbrances other than those, if not then any, existing at the date hereof, created by Landlord or which lettings and occupancies by their express terms and conditions extend beyond the Expiration Date and to which Landlord shall have consented and agreed, pursuant to this Lease or in default hereunderwriting, remove all of its trade fixtures and equipment from the Leased Premises, and all property not removed shall be deemed abandonedwithout any payment or allowance whatsoever by Landlord. Sublessee shall leave the Leased Premises in good order, ordinary wear and tear excepted. Sublessee shall reimburse Sublessor for Tenant hereby waives any expenses incurred notice now or hereafter required by Sublessor law with respect to removal vacating the Premises on any such termination date. Tenant's obligation to observe and perform this covenant shall survive the expiration or storage of abandoned property, with respect to repair earlier termination of the Leased Premises Term. 30.2 Except as a result otherwise provided in Article 23 of Sublessee's removal of Sublessee's trade fixtures and equipmentthis Lease, and with respect to restoring the Leased Premises to good order, condition and repair. All alterations, additions, fixtures, paneling, partitions, railings and like installations, other than Sublessee's trade fixtures and equipment, which have been made or installed by either Sublessor or Sublessee upon the Leased Premises shall remain expiration of the Sublessor's property Term, all Rental and other items payable by Tenant under this Lease shall be apportioned to the date of termination. 30.3 Tenant acknowledges that possession of the Premises must be surrendered with to Landlord at the Leased Premises as a part thereof unless Sublessor directs Sublessee to remove sameexpiration or earlier termination of the Term. If Sublessee fails Tenant's holdover exceeds 90 days, Tenant agrees to remove same as directed by Sublessorindemnify, Sublessee shall pay to Sublessor an amount that Sublessor reasonably believes necessary for the removal defend and disposal of same.. If the Leased Premises be not surrendered at the end of the term or sooner termination thereofsave Landlord harmless from and against any and all costs, Sublessee shall indemnify Sublessor against expenses, claims, loss or liability resulting from the failure or delay by Sublessee Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding sublessees tenant founded on such delay failure or delay. The parties recognize and agree that the damage to Landlord resulting from any attorneys' fees resulting therefromfailure by Tenant to surrender possession of the Premises timely as aforesaid will be extremely substantial, will exceed the amount of the Base Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Sublessee Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord upon the expiration or earlier termination of the Term, then Tenant shall promptly surrender pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over at the Premises after the expiration or sooner termination of the Term, in addition to any sums payable pursuant to the foregoing indemnity, a sum equal to 120% of the aggregate of the Base Rent and Additional Rent which was payable under this Lease with respect to the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the expiration or earlier termination of the Term. If Tenant holds over in possession after the expiration or termination of the Term, such holding over shall not be deemed to extend the Term or renew this Lease, but the tenancy thereafter shall continue as a tenancy from month to month upon the terms and conditions of this Lease at the Base Rent and Additional Rent as herein increased. This provision shall survive the expiration or earlier termination of this Lease. 30.4 On the last day of the Term or upon any earlier termination of the Lease or upon reentry by Landlord upon the Premises pursuant to Article 23 hereof, fee simple title to the Buildings and all keys fixtures and improvements therein, to the extent not theretofore vested in Landlord pursuant to the terms of this Lease, shall revert to Landlord without the necessity of any further action by either party hereunder, provided, however, that upon Landlord's request, Tenant shall execute and deliver to Landlord (in recordable form) all documents necessary to evidence such conveyance, including, without limitation, a quitclaim deed and xxxx of sale. Tenant shall deliver to Landlord Tenant's executed counterparts of all Space Leases, any service and maintenance contracts that are in Tenant's possession and are then affecting the Premises, true and complete maintenance records for the Leased Premises, all original licenses and permits then pertaining to the Premises and all assignable warranties and guarantees then in effect which Tenant has received in connection with any work or services performed or Equipment installed in the Buildings, together with a duly-executed assignment of any of the foregoing to Sublessor Landlord, all financial reports, documents, books and records whatsoever relating to the Premises. 30.5 On the last day of the Term or upon any earlier termination of this Lease or upon a re-enter by Landlord upon the Premises pursuant to Article 23 hereof, Tenant, at its sole cost and expense, shall remove from the place then fixed for the payment of rent Premises on or prior to such expiration, termination or reentry all personal property situated thereon which is not owned by Landlord, and shall inform Sublessor repair any damage caused by such removal. Any property not so removed shall become the property of combinations on Landlord, and Landlord may cause such property to be removed from the Premises and disposed of, but the cost of any vaults, locks such removal and safes left on the Leased Premises.disposition and of repairing any damage caused by such removal shall be borne by Tenant. 66