Common use of Surrender of Demised Premises Clause in Contracts

Surrender of Demised Premises. Upon the expiration or earlier termination of this Lease with respect to all or any portion of any Demised Premises, whether on the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwise, Tenant shall surrender and deliver the applicable Demised Premises to Landlord (a) vacant and free from all subtenants, licensees or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 of such Demised Premises on the Commencement Date or, if such Demised Premises is a Replacement Property, as of the applicable Substitution Date, in each case, ordinary wear and tear excepted and except as repaired, restored, altered or added to as permitted or required by the provisions of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that Tenant elects not to remove) removed, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such termination of this Lease results from a Casualty or a Condemnation, the foregoing clauses (b), (c) and (d) shall not apply to the portion of the applicable Demised Premises affected by such Casualty or Condemnation and Tenant’s obligations with respect thereto shall instead be as provided in Article XII.

Surrender of Demised Premises. Upon the expiration or earlier termination of this Lease with respect to all or any portion of any Demised Premises, whether on the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwise, Tenant shall surrender and deliver the applicable Demised Premises to Landlord (a) vacant and free from all subtenants, licensees or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 of such Demised Premises on the Commencement Date or, if such Demised Premises is a Replacement Property, as of the applicable Substitution Date, in each case, ordinary wear and tear excepted and except as repaired, restored, altered or added to as permitted or required by the provisions of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that Tenant elects not to remove) removed, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such termination of this Lease results from a Casualty or a Condemnation, the foregoing clauses (b), (c) and (d) shall not apply to the portion of the applicable Demised Premises affected by such Casualty or Condemnation and Tenant’s obligations with respect thereto shall instead be as provided in Article XII.

Surrender of Demised Premises. Upon At the expiration or earlier termination of the term of this Lease with respect to all or any portion of any Demised Premises, whether on the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwiseAgreement, Tenant shall surrender and deliver the applicable Demised Premises to Landlord (a) vacant and free from all subtenants, licensees or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 same were in upon delivery of such Demised Premises on possession thereto at the Commencement Date or, if such Demised Premises is a Replacement Property, as commencement date of the applicable Substitution Dateterm of this Lease Agreement, in each case, ordinary reasonable wear and tear excepted excepted, and except as repairedshall surrender all keys to the Demised Premises to Landlord at the place then fixed for the payment of Basic Rent and shall inform Landlord of all combinations on locks, restoredsafes and vaults, altered or added if any. Tenant shall at such time remove all to as permitted or required by the provisions of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property its property therefrom and all Alterations (other than Permissible Alterations that alterations and improvements placed thereon by Tenant elects not if so requested by Landlord as provided herein. Tenant shall repair any damage to remove) removedthe Demised Premises caused by such removal, and with any and all such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. If the Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens be not Bonded by Tenantsurrendered as above set forth, Tenant hereby acknowledges that shall indemnify, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Demised Premises, including, without limitation any claim made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform this covenant shall in all events remain liable for survive the discharging expiration or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such other termination of this Lease results Agreement. All property of Tenant not removed within 30 days after the last day of the term of this Lease Agreement shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant from a Casualty or a Condemnationthe Demised Premises upon termination of this Lease Agreement and to cause its transportation and storage for Tenant's benefit, all at the foregoing clauses (b), (c) sole cost and (d) risk of Tenant and Landlord shall not apply be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all costs and expenses of such removal, transportation and storage. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord with respect to the portion removal or storage of the applicable abandoned property and with respect to restoring said Demised Premises affected by such Casualty or Condemnation to good order, condition and Tenant’s obligations with respect thereto shall instead be as provided in Article XIIrepair.

Surrender of Demised Premises. Upon At the expiration or earlier termination of this Lease with respect to all or any portion of any Demised Premisesthe Term, whether on the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwise, ----------------------------- Tenant shall surrender and deliver the applicable Demised Premises to Landlord (a) vacant and free from all subtenants, licensees or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 same were in upon delivery of such Demised Premises on possession thereto at the Commencement Date or, if such Demised Premises is a Replacement Property, as of the applicable Substitution Date, in each case, ordinary reasonable wear and tear excepted and except damage by fire or other casualty excepted as repairedprovided in this Lease Agreement, restoredand shall surrender all keys to the Demised Premises to Landlord at the place then fixed for the payment of Base Rent and shall inform Landlord of all combinations on locks, altered or added to as permitted or required by the provisions safes and vaults, if any. Tenant shall at such time remove all of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property its property therefrom and all Alterations (other than Permissible Alterations that alterations and improvements placed thereon by Tenant elects not if so requested by Landlord as provided in Section 20.1 above. Tenant shall repair any damage to remove) removedthe Demised Premises caused by such removal, and with any and all such Demised Premises repaired property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and restored in accordance with expense, without further notice to or demand upon Tenant. Tenant's obligation to observe or perform this covenant shall survive the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, expiration or other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such termination of this Lease results Agreement. All property of Tenant which Tenant is obligated to remove that is not removed within thirty (30) days after the last day of the Term shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant from a Casualty or a Condemnationthe Demised Premises upon termination of this Lease Agreement and to cause its transportation and storage for Tenant's benefit, all at the foregoing clauses (b), (c) sole cost and (d) risk of Tenant and Landlord shall not apply be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all costs and expenses of such removal, transportation and storage. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord with respect to the portion removal or storage of the applicable abandoned property and with respect to restoring said Demised Premises affected by such Casualty or Condemnation to good order, condition and Tenant’s obligations with respect thereto shall instead be as provided in Article XIIrepair.

Surrender of Demised Premises. Upon Tenant covenants and agrees to vacate, remove from and deliver up and surrender the possession of the Demised Premises to Landlord upon the expiration or of the term, without any specific notice to vacate, and upon any earlier termination of this Lease with respect to Lease, as herein provided, in as good condition and repair as the same shall be after completion of all or any portion improvements by Tenant following delivery of any Demised Premises, whether on the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwise, Tenant shall surrender and deliver the applicable Demised Premises to Landlord (a) vacant and free from all subtenants, licensees or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 of such Demised Premises on the Commencement Date or, if such Demised Premises is a Replacement Property, as of the applicable Substitution Date, in each caseor which may have been put by the Tenant during the continuance thereof, ordinary wear and tear excepted tear, and except damage by fire or the elements alone excepted. Nothing herein shall be construed as repairedrelieving the Tenant of any of its maintenance obligations provided for in this Lease. Tenant covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, restoredor to permit any other persons to occupy same without the prior written consent of the Landlord, altered which consent shall not be unreasonably withheld. Any assignment or added subletting, even with the consent of Landlord, shall not relieve Tenant from liability for payment of rent or other sums herein provided or for the obligation to as permitted or required keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that Tenant elects not Lease or to remove) removed, and with such be a consent to the assignment of this Lease or subletting of the Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded Premises. Any consent by Landlord to an assignment or sublease by Tenant, shall apply only to the specific transaction thereby authorized and shall not relieve Tenant hereby acknowledges that Tenant shall in all events remain liable from the requirement of obtaining prior written consent of Landlord to any further assignment or sublease. An assignment for the discharging benefit of creditors or Bonding by operation of all Excepted Liens in accordance with law shall not be effective to transfer any rights to assignee without the terms prior written consent of Landlord. If Tenant, as an assignee of this Lease) (, is a partnership and if at any time during the foregoing, collectivelyterm hereof or any extension or renewal thereof, the “Required Return Condition”). Notwithstanding person or persons who, at the foregoing, solely to time of the extent that any such termination execution of this Lease, owns or own the controlling interest or the general partner's interest, as the case may be, ceases to own the controlling interest or the general partners' interest upon such cessation of ownership, Tenant shall promptly notify Landlord in writing of such change, and Landlord may terminate this Lease results from at any time after such change in control by giving Tenant ninety (90) days prior written notice of such termination. Landlord may withhold its consent to a Casualty subletting or a Condemnation, the foregoing clauses (b), (c) and (d) shall not apply to the portion assignment of the applicable Demised Premises affected by such Casualty or Condemnation Lease for any of the following reasons, and Tenant’s obligations with respect thereto the withholding of consent shall instead be as provided in Article XII.deemed to be reasonable:

Surrender of Demised Premises. Upon At the expiration or earlier termination of the Term of this Lease with respect to all or any portion of any Demised Premises, whether on the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwiseLease, Tenant shall surrender and deliver the applicable Demised Premises to Landlord (a) vacant and free from all subtenants, licensees or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 same were in upon delivery of such Demised Premises on possession thereto at the Commencement Date or, if such Demised Premises is a Replacement Property, as of the applicable Substitution Date, in each case, ordinary wear and tear excepted and except as repaired, restored, altered or added to as permitted or required by the provisions Term of this Lease, reasonable wear and tear and (csubject to the provisions of Article XIII) in compliance in damages on account of casualty loss excepted, and shall surrender all material respects with keys to the Demised Premises to Landlord at the place then fixed for the payment of Basic Rent and shall inform Landlord of all applicable Property Requirementscombinations on locks, (d) with safes and vaults, if any. Tenant shall at such time remove all Tenant’s Property of its property therefrom and all Alterations (other than Permissible Alterations that Tenant elects not to remove) removed, alterations and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded improvements placed thereon by Tenant, Tenant hereby acknowledges that subject to Section 19.1(g). Tenant shall not remove the Tenant Improvements or any cabling installed by Tenant. Tenant shall repair any damage to the Demised Premises caused by such removal, and any and all such property not so removed shall, at Landlord’s option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant’s cost and expense, without further notice to or demand upon Tenant. If the Demised Premises be not surrendered as above set forth, Tenant shall indemnify, defend and hold harmless Landlord against loss or liability resulting from the delay by Tenant in all events remain liable for so surrendering the discharging Demised Premises, including, without limitation any claim made by any succeeding occupant founded on such delay. Tenant’s obligation to observe or Bonding of all Excepted Liens in accordance with perform this covenant shall survive the terms expiration or other termination of this Lease. All property of Tenant not removed within ten (10) (days after demand by Landlord, which notice cannot be given until after the foregoing, collectively, last day of the “Required Return Condition”)Term of this Lease shall be deemed abandoned. Notwithstanding Tenant hereby appoints Landlord its agent to remove all property of Tenant from the foregoing, solely to the extent that any such Demised Premises upon termination of this Lease results from a Casualty or a Condemnationand to cause its transportation and storage for Tenant’s benefit, all at the foregoing clauses (b), (c) sole cost and (d) risk of Tenant and Landlord shall not apply be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all costs and expenses of such removal, transportation and storage. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord with respect to the portion removal or storage of the applicable abandoned property and with respect to restoring said Demised Premises affected by such Casualty or Condemnation to good order, condition and Tenant’s obligations with respect thereto shall instead be as provided in Article XIIrepair.

Surrender of Demised Premises. Upon At the expiration of the Term, Tenant shall surrender the Demised Premises in good condition and repair, in compliance with all Laws and in condition as the same were required to be kept and maintained during the Term, excepting, however, reasonable wear and tear, those Alterations not required to be removed pursuant to Section 19.1, damage by fire or earlier other casualty, damage by eminent domain, and repairs and replacement to be made by Landlord hereunder. Tenant shall surrender all keys to the Demised Premises to Landlord at the place then fixed for the payment of Basic Rent and shall inform Landlord of all combinations on locks, safes and vaults, if any. Tenant shall at such time remove all of its removable Tenant’s Property therefrom. Tenant shall remove all improvements or alterations to the Demised Premises (i) which were made by Tenant after the completion of the Landlord’s Work, and (ii) which required Landlord’s consent in accordance with Section 19.1 above, and which Landlord notified Tenant at the time of the granting of Landlord’s consent that Tenant would be required to remove upon termination of this Lease Lease, and (iii) which did not require Landlord’s consent in accordance with respect Section 19.1 above, and which Landlord notified Tenant at the time of Tenant’s notice to Landlord that Tenant would be required to remove upon termination of this Lease. Otherwise, Tenant may at its option either abandon in place or remove any improvements, fixtures, paneling, floor covering, equipment or partitions installed at its expense, provided, however, that Tenant shall repair any damage to the Demised Premises caused by such removal, and any and all such property not so removed shall, at Landlord’s option, become the exclusive property of Landlord or any portion be disposed of any Demised Premisesby Landlord, whether on the Expiration Date without further notice to or demand upon Tenant. If upon thirty (30) days prior written notice from Landlord, Landlord notifies Tenant in writing that Landlord has entered into a bona fide lease or other binding agreement with an unrelated third party with respect to the entire Demised Premises and Landlord requires surrender of the Demised Premises to prepare or deliver the same to any succeeding tenant or occupant, and the Demised Premises shall not be not surrendered promptly on or before the date which is the later to occur of (i) the end of the Term or sooner termination thereof, and (ii) the date thirty (30) days after the date Tenant receives such notice from Landlord, then Tenant shall indemnify, defend and hold harmless Landlord against all loss or liability resulting from the inability of Landlord to timely prepare and/or timely deliver space to a third party for its occupancy the Demised Premises, including, without limitation any claims (including claims for consequential and similar type damages asserted against Landlord by the succeeding tenant or occupant) made by any succeeding occupant founded on any Property Termination Date with respect any individual Demised Premises such delay. Tenant’s obligation to observe or otherwise, Tenant perform this covenant shall surrender and deliver survive the applicable Demised Premises to Landlord (a) vacant and free from all subtenants, licensees expiration or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 of such Demised Premises on the Commencement Date or, if such Demised Premises is a Replacement Property, as of the applicable Substitution Date, in each case, ordinary wear and tear excepted and except as repaired, restored, altered or added to as permitted or required by the provisions termination of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that Tenant elects not to remove) removed, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely in no event shall Tenant be liable for Landlord’s damages beyond its direct, out-of-pocket damages provided Tenant shall indemnify Landlord against any special or consequential damages to the extent that any such claimed by unrelated third parties from Landlord and which are founded upon the delay in delivery of the space caused by Tenant. All property of Tenant not removed within thirty (30) days after the last day of the Term shall be deemed abandoned. Tenant hereby authorizes Landlord to remove all property of Tenant from the Demised Premises upon termination of this Lease results from a Casualty or a Condemnationand not removed by Tenant as aforesaid, the foregoing clauses (b), (c) and (d) Landlord shall not apply be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all costs and expenses of such removal, transportation and storage. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord with respect to the portion removal or storage of the applicable abandoned property and with respect to restoring said Demised Premises affected by such Casualty or Condemnation to good order, condition and Tenant’s obligations with respect thereto shall instead be as provided in Article XIIrepair.

Surrender of Demised Premises. Upon termination or expiration of the Term of this Lease, the termination of Tenant’s right to possession, or the vacation of the Demised Premises by Tenant, Tenant shall restore the Demised Premises at Tenant's sole expense to the same condition and configuration as existed at the Commencement Date (unless otherwise agreed to by Landlord, in writing), ordinary wear and tear only excepted, leaving the Demised Premises broom-clean; provided, however, that Landlord may elect to require Tenant to leave all or any (i) fixtures other than Tenant’s trade fixtures (“Fixtures”), and (ii) alterations, improvements or additions performed by Tenant, Tenant’s agents or contractors (“Alterations”). At least thirty (30) days prior to the termination or expiration of this Lease or Tenant’s vacation of the Demised Premises, Tenant shall submit to Landlord a plan or other reasonable description of the current type, quantity, points of commencement and termination, and routes of the Wires to allow Landlord to determine if Landlord desires to retain same. Upon the expiration or earlier termination of the Lease, Tenant shall, at Tenant’s cost remove all Uncontained Wires except for Uncontained Wires which Landlord notifies in writing that Landlord wishes to remain, and Tenant shall restore the Demised Premises or Building, as the case may be, to their condition existing prior to the installation of such Uncontained Wires, ordinary wear and tear excepted. Wires within conduits and Uncontained Wires that Landlord has notified Tenant that Landlord is retaining are sometimes referred to herein as “Retained Wires”. As to any Fixtures, Alterations and Retained Wires which Landlord notifies Tenant that Landlord is retaining, Tenant covenants that (i) immediately prior to the transfer of Tenant’s interest in such Fixtures, Alterations or Retained Wires to Landlord, Tenant shall be the sole owner of such Fixtures, Alterations and Retained Wires with the sole right to surrender the same, and such Fixtures, Alterations and Retained Wires shall be free of all liens and encumbrances, (ii) all retained Fixtures, Alterations and Retained Wires shall be left in good condition and in working order, and (iii) all Retained Wires shall remain connected and be properly labeled and capped or sealed at each end and in each telecommunications/electrical closet and junction box, and in safe condition. Upon termination of this Lease with respect or Tenant’s right to possession, Landlord shall have the right to reenter and resume possession of the Demised Premises. Tenant’s obligations under this Section 12.03 shall survive the expiration or earlier termination of the Lease. Tenant may remove its trade fixtures provided that the same may be removed without adversely affecting or injuring the Demised Premises, the Building or the Lot and that Tenant, at Tenant’s sole cost, repair any damage done by such removal. Upon termination or expiration of the Term of this Lease, the termination of Tenant’s right to possession, or the vacation of the Demised Premises by Tenant, Tenant shall immediately return to Landlord all keys to all or any portion of any Demised Premises, whether on the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwiseProperty furnished to or otherwise procured by Tenant. Tenant, at Tenant’s sole expense, shall remove all [****], if any, installed by or for Tenant or by Tenant’s agents or contractors and shall repair any damage to the Demised Premises caused by such removal, unless Landlord agrees in writing that such [****] can remain. If Tenant does not remove its property of every kind and description from the Premises prior to the expiration or termination of the Lease, or Tenant’s right to possession, however ended, or the vacation of the Demised Premises by Tenant, then, Tenant at Landlord’s election to be evidenced by written notice to Tenant within 30 days after the termination of the Term, but not otherwise shall surrender and deliver be conclusively presumed to have conveyed the applicable Demised Premises same to Landlord (a) vacant under this Lease as a xxxx of sale without further payment or credit by Landlord to Tenant and free from all subtenantsLandlord may remove the same and Tenant shall pay the cost of such removal to Landlord upon demand. In the event Landlord does not so elect to compel conveyance of such property, licensees Landlord may dispose of such property in any manner whatsoever to the fullest extent permitted by law, including, without limitation, the sale, scrapping, and/or destruction thereof without further obligation to Tenant and Tenant shall pay to Landlord, promptly on demand, the reasonable expenses of such disposal. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 of such Demised Premises on the Commencement Date or, if such Demised Premises is a Replacement Property, as termination of the applicable Substitution Date, in each case, ordinary wear and tear excepted and except as repaired, restored, altered or added to as permitted or required by the provisions term of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that Tenant elects not to remove) removed, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such termination of this Lease results from a Casualty or a Condemnation, the foregoing clauses (b), (c) and (d) shall not apply to the portion of the applicable Demised Premises affected by such Casualty or Condemnation and Tenant’s obligations with respect thereto shall instead be as provided in Article XII.

Surrender of Demised Premises. Upon At the expiration or earlier termination of the term of this Lease with respect to all or any portion of any Demised Premises, whether on the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwiseLease, Tenant shall surrender and deliver the applicable Demised Premises to Landlord (a) vacant and free from all subtenants, licensees or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 same were in upon delivery of such Demised Premises on possession thereto at the Commencement Date or, if such Demised Premises is a Replacement Property, as of the applicable Substitution Date, in each case, ordinary wear and tear excepted and except as repaired, restored, altered or added to as permitted or required by the provisions term of this Lease, reasonable wear and tear excepted, but restored to Shell Condition (c) in compliance in as defined below), and subject to the provisions of Article XIII, and shall surrender all material respects with keys to the Demised Premises to Landlord at the place then fixed for the payment of Basic Rent and shall inform Landlord of all applicable Property Requirementscombinations on locks, (d) with safes and vaults, if any. "Shell Condition" shall mean a condition for use by a typical distribution use tenant, as reasonably determined by Landlord. For example, Tenant shall make all Tenant’s Property sloping floors level, as designated by Landlord, and Tenant shall remove its special piping and equipment. Tenant shall, at the expiration of the term of this Lease, Tenant shall at such time remove all of its property therefrom and all Alterations (other than Permissible Alterations that alterations and improvements placed thereon by Tenant elects not if so requested by Landlord pursuant to remove) removed, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of Section 9.1(g). Tenant shall repair any damage to the Demised Premises caused by such removal, and any and all such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. If the Demised Premises be not surrendered as above set forth, Tenant shall indemnify, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Demised Premises, including, without limitation any claim made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease) (. All property of Tenant not removed within 30 days after the foregoing, collectively, last day of the “Required Return Condition”)term of this Lease shall be deemed abandoned. Notwithstanding Tenant hereby appoints Landlord its agent to remove all property of Tenant from the foregoing, solely to the extent that any such Demised Premises upon termination of this Lease results from a Casualty or a Condemnationand to cause its transportation and storage for Tenant's benefit, all at the foregoing clauses (b), (c) sole cost and (d) risk of Tenant and Landlord shall not apply be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all costs and expenses of such removal, transportation and storage. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord with respect to the portion removal or storage of the applicable abandoned property and with respect to restoring said Demised Premises affected by such Casualty or Condemnation to good order, condition and Tenant’s obligations with respect thereto shall instead be as provided in Article XIIrepair.

Surrender of Demised Premises. Upon termination of the Lease, Tenant shall surrender the Demised Premises to Landlord broom clean, and in good order and condition, except for ordinary wear and tear, and damage by casualty which Tenant was not obligated to remedy under Section 18. Tenant shall remove its machinery and equipment and repair any damage to the Demised Premises caused by such removal. Tenant shall not remove any power wiring or power panels, lighting or lighting fixtures, wall coverings, blinds or other window coverings, carpets or other floor coverings, heaters or air conditioners or fencing or gates, except if installed by Tenant and required by Landlord to be removed from the Demised Premises. All personal property of Tenant remaining on the Demised Premises after Tenant's surrender of the Premises shall be deemed abandoned and at Landlord's election may either be retained by Landlord or may be removed from the Demised Premises at Tenant's expense. Any item required by Landlord to be removed by Tenant which Tenant fails to remove from the Premises may be removed by Landlord and the reasonable cost of removal may be deducted from the Security Deposit. Said deduction from the Security Deposit shall not be deemed a waiver of any other right Landlord may have hereunder or under law. The foregoing shall not be construed to prohibit Tenant from removing its movable trade fixtures and non-structural improvements, including, HVAC purchased and installed at Tenant's expense, it being understood and agreed that such movable trade fixtures and non-structural improvements, including, HVAC purchased and installed at Tenant's expense, shall be removed by Tenant, at Tenant's cost and expense, at or prior to the expiration or earlier termination of the Term of this Lease with respect to all or any portion of any Demised Premises, whether on the Expiration Date with respect Lease. Any damage to the entire Demised Premises, on any Premises and/or the Property Termination Date with respect any individual Demised Premises or otherwisecaused by said removal shall be repaired by Tenant at its cost and expense. If during the last one hundred eighty (180) days of the Term, Tenant shall surrender have removed all or substantially all of Tenant's property and deliver all of its personnel from the applicable Demised Premises, Landlord may at any time thereafter enter, alter, renovate and redecorate the Premises without any reduction or abatement of the Tenant's Rent or incurring any liability for any compensation to Tenant or adverse effect on this Lease or Tenant's obligations hereunder. If Landlord (a) vacant and free from all subtenantscommences alterations, licensees renovations or other occupants (other than pursuant redecorations to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 of such Demised Premises on the Commencement Date or, if such Demised Premises is a Replacement Property, as of the applicable Substitution Date, in each case, ordinary wear and tear excepted and except as repaired, restored, altered or added to as permitted or required by the provisions of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that Tenant elects not to remove) removed, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded by TenantPremises, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such termination of this Lease results from a Casualty or a Condemnation, the foregoing clauses (b), (c) and (d) shall not apply to thereafter occupy the portion of the applicable Demised Premises affected by such Casualty or Condemnation and Tenant’s obligations with respect thereto shall instead be as provided in Article XIIPremises.

Surrender of Demised Premises. Upon At the expiration or earlier termination of this Lease with respect to all or any portion of any Demised Premisesthe Term, whether on Tenant ----------------------------- shall surrender the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwise, Tenant shall surrender and deliver the applicable Demised Premises to Landlord (a) vacant and free from all subtenants, licensees or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 same were in upon delivery of such Demised Premises on possession thereto at the Commencement Date or, if such Demised Premises is a Replacement Property, as of the applicable Substitution Date, in each case, ordinary reasonable wear and tear excepted and except damage by condemnation or fire or other casualty excepted as repairedprovided in this Lease, restoredand shall surrender all keys to the Demised Premises to Landlord at the place then fixed for the payment of Base Rent and shall inform Landlord of all combinations on locks, altered safes and vaults, if any. Tenant shall at such time remove all of its property therefrom and all alterations and improvements placed thereon by Tenant if so requested by Landlord as provided in Section 20.1. Tenant shall repair any damage to the Demised Premises caused by ------------ such removal, and any and all such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or added be disposed of by Landlord, at Tenant's cost and expense, without further notice to as permitted or required by demand upon Tenant. Tenant's obligation to observe or perform this covenant shall survive the provisions expiration or other termination of this Lease, . All property of Tenant which Tenant is obligated to remove that is not removed within thirty (c30) in compliance in days after the last day of the Term shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all material respects with all applicable Property Requirements, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that property of Tenant elects not to remove) removed, and with such from the Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such upon termination of this Lease results from a Casualty or a Condemnationand to cause its transportation and storage for Tenant's benefit, all at the foregoing clauses (b), (c) sole cost and (d) risk of Tenant and Landlord shall not apply be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all costs and expenses of such removal, transportation and storage. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal or storage of abandoned property and with respect to restoring the portion of the applicable Demised Premises affected by such Casualty or Condemnation to good order, condition and Tenant’s obligations with respect thereto shall instead be as provided in Article XIIrepair.

Surrender of Demised Premises. Upon Tenant, upon the expiration or earlier termination of this Lease, shall peaceably and quietly surrender the Demised Premises broom clean, free of debris, in good order, repair and condition, reasonable wear and tear excepted, and shall repair all damage caused by or resulting from the removal of any removable property of Tenant or of any subtenant. Any removable property of Tenant or any subtenant which shall remain on the Demised Premises after the expiration of the Term of this Lease with respect or the sooner termination thereof and the removal of Tenant from the Demised Premises may, at the option of Landlord, be deemed to all have been abandoned, and either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit, without liability to Landlord. If such personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expense of the sale, the cost of moving and storage, any arrears of rent or Additional Rent payable hereunder and any damages to which Landlord may be entitled under this Lease or pursuant to applicable law. Any holding over after the expiration of the term or any renewal term shall be construed to be a tenancy from month-to-month at the rent equal to one hundred fifty (150%) percent of the Base Rent and Additional Rents specified herein (prorated on a monthly basis) and shall otherwise be on the terms herein specified so far as applicable. In the event Tenant shall sublet the Demised Premises or any portion thereof and such subtenant shall hold over after the expiration of any Demised Premises, whether on the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwiseterm, Tenant shall surrender remain liable under all of the terms, covenants and deliver conditions of this lease until the applicable said subtenant shall be removed from the Demised Premises and the Demised Premises be returned to Landlord (a) vacant and free from all subtenants, licensees or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 of such Demised Premises on the Commencement Date or, if such Demised Premises is a Replacement Property, as of the applicable Substitution Date, in each case, ordinary wear and tear excepted and except as repaired, restored, altered or added to as permitted or required by the provisions of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that Tenant elects not to remove) removed, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except provided for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such termination of this Lease results from a Casualty or a Condemnation, the foregoing clauses (b), (c) and (d) shall not apply to the portion of the applicable Demised Premises affected by such Casualty or Condemnation and Tenant’s obligations with respect thereto shall instead be as provided in Article XIIelsewhere herein.

Surrender of Demised Premises. Upon Tenant shall on the expiration last day of the Term, or earlier sooner termination of this Lease with respect to all or any portion of any Demised PremisesLease, whether on peaceably and quietly surrender the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwise, Tenant shall surrender and deliver the applicable Demised Premises to Landlord (a) in vacant broom clean condition. The Demised Premises shall be surrendered in good condition, maintenance and free from all subtenantsrepair and at Landlord’s option, licensees any improvements or other occupants (other than pursuant alterations to the TBA Leases as in effect premises made by or on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 of such Demised Premises on the Commencement Date or, if such Demised Premises is a Replacement Property, as behalf of the applicable Substitution DateTenant shall be removed and the premises restored to their original condition, in each casecondemnation, insured casualty loss, and ordinary wear and tear excepted excepted. Before surrendering the Premises, Tenant shall remove all its equipment and except as repaired, restored, altered or added other personal property therefrom and restore the Premises to as permitted or required good condition and repair. At the option of the Landlord all property not so removed shall be deemed abandoned by the provisions Tenant and shall thereupon become the property of the Landlord, or Landlord may remove such property in any manner that the Landlord shall choose and store the said property without liability to Tenant for loss thereof. Tenant agrees to pay Landlord, on demand, any and all expenses incurred in such removal, including court costs and attorneys’ fees and storage charges on such property for any length of time the same shall be in the Landlord’s possession. Without limiting the foregoing, Landlord, at its option, without notice, may sell said property or any part of the same at private sale and without legal process for such price as the Landlord may obtain and apply the proceeds of such sale to any amounts due under this Lease and the expense incident to the removal and sale of said property. If Tenant shall remain on the Demised Premises after the expiration or sooner termination of the Term of this Lease, (c) or shall fail to return same broom clean, vacant and in compliance in all material respects with all applicable Property Requirementsgood condition and repair, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that Tenant elects such failure shall constitute a “Hold over”. Such holding over shall not to remove) removed, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging constitute a renewal or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such termination extension of this Lease results from (on a Casualty month to month basis or otherwise). Landlord shall be entitled at any and all times during such Holdover to immediately remove the Tenant (without need for a Condemnation, the foregoing clauses (b), (cnotice to quit) and (d) shall not apply to all the portion of the applicable Demised Premises affected remedies against Tenant provided by such Casualty law or Condemnation and Tenant’s obligations with respect thereto shall instead be as provided in Article XIIequity.

Surrender of Demised Premises. Upon At the expiration or earlier termination of this Lease with respect to all or any portion of any Demised Premises, whether on the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwiseTerm, Tenant shall surrender and deliver the applicable Demised Premises to Landlord (a) vacant and free from all subtenants, licensees or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 same were in upon delivery of such Demised Premises on possession thereto at the Commencement Date or, if such Demised Premises is a Replacement Property, as of the applicable Substitution Date, in each case, ordinary (reasonable wear and tear excepted and except damage by condemnation or fire or other casualty excepted as repairedprovided in this Lease Agreement), restoredand shall surrender all keys to the Demised Premises to Landlord at the place then fixed for the payment of Base Rent and shall inform Landlord of all combinations on locks, altered safes and vaults, if any. Tenant shall at such time remove all of its property therefrom and all alterations and improvements placed thereon by Tenant if so requested by Landlord as provided in Section 20.1 above. Tenant shall repair any damage to the Demised Premises caused by such removal, and any and all such property not so removed shall, at Landlord’s option, become the exclusive property of Landlord or added to as permitted or required be disposed of by the provisions of this LeaseLandlord, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all at Tenant’s Property cost and all Alterations (expense, without further notice to or demand upon Tenant. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other than Permissible Alterations that Tenant elects not to remove) removed, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such termination of this Lease results Agreement. All property of Tenant which Tenant is obligated to remove that is not removed within thirty (30) days after the last day of the Term shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant from a Casualty or a Condemnationthe Demised Premises upon termination of this Lease Agreement and to cause its transportation and storage for Tenant’s benefit, all at the foregoing clauses (b), (c) sole cost and (d) risk of Tenant and Landlord shall not apply be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all costs and expenses of such removal, transportation and storage. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord with respect to the portion removal or storage of the applicable abandoned property and with respect to restoring said Demised Premises affected by such Casualty or Condemnation to good order, condition and Tenant’s obligations with respect thereto shall instead be as provided in Article XIIrepair.

Surrender of Demised Premises. Upon At the expiration or earlier termination of this Lease with respect to all or any portion of any Demised Premises, whether on the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwiseTerm, Tenant shall surrender and deliver the applicable Demised Premises to Landlord (a) vacant and free from all subtenants, licensees or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 same were in upon delivery of such Demised Premises on possession thereto at the Commencement Date or, if such Demised Premises is a Replacement Property, as of the applicable Substitution Date, in each case, ordinary (reasonable wear and tear excepted and except damage by condemnation or fire or other casualty excepted as repairedprovided in this Lease Agreement), restoredand shall surrender all keys to the Demised Premises to Landlord at the place then fixed for the payment of Base Rent and shall inform Landlord of all combinations on locks, altered or added to as permitted or required by the provisions safes and vaults, if any. Tenant shall at such time remove all of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property its property therefrom and all Alterations (other than Permissible Alterations that alterations and improvements placed thereon by Tenant elects not if so requested by Landlord as provided in Section 20.1 above. Tenant shall repair any damage to remove) removedthe Demised Premises caused by such removal, and with any and all such Demised Premises repaired property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and restored in accordance with expense, without further notice to or demand upon Tenant. Tenant's obligation to observe or perform this covenant shall survive the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, expiration or other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such termination of this Lease results Agreement. All property of Tenant which Tenant is obligated to remove that is not removed within thirty (30) days after the last day of the Term shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant from a Casualty or a Condemnationthe Demised Premises upon termination of this Lease Agreement and to cause its transportation and storage for Tenant's benefit, all at the foregoing clauses (b), (c) sole cost and (d) risk of Tenant and Landlord shall not apply be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all costs and expenses of such removal, transportation and storage. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord with respect to the portion removal or storage of the applicable abandoned property and with respect to restoring said Demised Premises affected by such Casualty or Condemnation to good order, condition and Tenant’s obligations with respect thereto shall instead be as provided in Article XIIrepair.

Surrender of Demised Premises. Upon termination or expiration of the Term of this Lease, the termination of Tenant’s right to possession, or the vacation of the Demised Premises by Tenant, Tenant shall restore the Demised Premises at Tenant's sole expense to the same condition and configuration as existed at the Commencement Date (unless otherwise agreed to by Landlord, in writing), ordinary wear and tear only excepted, leaving the Demised Premises broom-clean; provided, however, that Landlord may elect to require Tenant to leave all or any (i) fixtures other than Tenant’s trade fixtures (“Fixtures”), and (ii) alterations, improvements or additions performed by Tenant, Tenant’s agents or contractors (“Alterations”). At least thirty (30) days prior to the termination or expiration of this Lease or Tenant’s vacation of the Demised Premises, Tenant shall submit to Landlord a plan or other reasonable description of the current type, quantity, points of commencement and termination, and routes of the Wires to allow Landlord to determine if Landlord desires to retain same. Upon the expiration or earlier termination of the Lease, Tenant shall, at Tenant’s cost remove all Uncontained Wires except for Uncontained Wires which Landlord notifies in writing that Landlord wishes to remain, and Tenant shall restore the Demised Premises or Building, as the case may be, to their condition existing prior to the installation of such Uncontained Wires, ordinary wear and tear excepted. Wires within conduits and Uncontained Wires that Landlord has notified Tenant that Landlord is retaining are sometimes referred to herein as “Retained Wires”. As to any Fixtures, Alterations and Retained Wires which Landlord notifies Tenant that Landlord is retaining, Tenant covenants that (i) immediately prior to the transfer of Tenant’s interest in such Fixtures, Alterations or Retained Wires to Landlord, Tenant shall be the sole owner of such Fixtures, Alterations and Retained Wires with the sole right to surrender the same, and such Fixtures, Alterations and Retained Wires shall be free of all liens and encumbrances, (ii) all retained Fixtures, Alterations and Retained Wires shall be left in good condition and in working order, and (iii) all Retained Wires shall remain connected and be properly labeled and capped or sealed at each end and in each telecommunications/electrical closet and junction box, and in safe condition. Upon termination of this Lease with respect or Tenant’s right to possession, Landlord shall have the right to reenter and resume possession of the Demised Premises. Tenant’s obligations under this Section 12.03 shall survive the expiration or earlier termination of the Lease. Tenant may remove its trade fixtures provided that the same may be removed without adversely affecting or injuring the Demised Premises, the Building or the Lot and that Tenant, at Tenant’s sole cost, repair any damage done by such removal. Upon termination or expiration of the Term of this Lease, the termination of Tenant’s right to possession, or the vacation of the Demised Premises by Tenant, Tenant shall immediately return to Landlord all keys to all or any portion of any Demised Premises, whether on the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwiseProperty furnished to or otherwise procured by Tenant. Tenant, at Tenant’s sole expense, shall remove all [****], if any, installed by or for Tenant or by Tenant’s agents or contractors and shall repair any damage to the Demised Premises caused by such removal, unless Landlord agrees in writing that such [****] can remain. If Tenant does not remove its property of every kind and description from the Premises prior to the expiration or termination of the Lease, or Tenant’s right to possession, however ended, or the vacation of the Demised Premises by Tenant, then, Tenant at Landlord’s election to be evidenced by written notice to Tenant within 30 days after the termination of the Term, but not otherwise shall surrender and deliver be conclusively presumed to have conveyed the applicable Demised Premises same to Landlord (a) vacant under this Lease as a bxxx of sale without further payment or credit by Landlord to Tenant and free from all subtenantsLandlord may remove the same and Tenant shall pay the cost of such removal to Landlord upon demand. In the event Landlord does not so elect to compel conveyance of such property, licensees Landlord may dispose of such property in any manner whatsoever to the fullest extent permitted by law, including, without limitation, the sale, scrapping, and/or destruction thereof without further obligation to Tenant and Tenant shall pay to Landlord, promptly on demand, the reasonable expenses of such disposal. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 of such Demised Premises on the Commencement Date or, if such Demised Premises is a Replacement Property, as termination of the applicable Substitution Date, in each case, ordinary wear and tear excepted and except as repaired, restored, altered or added to as permitted or required by the provisions term of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that Tenant elects not to remove) removed, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such termination of this Lease results from a Casualty or a Condemnation, the foregoing clauses (b), (c) and (d) shall not apply to the portion of the applicable Demised Premises affected by such Casualty or Condemnation and Tenant’s obligations with respect thereto shall instead be as provided in Article XII.

Surrender of Demised Premises. Upon At the expiration of the term of this Lease, Tenant shall surrender the Demised Premises in the same condition as they were in upon delivery of possession thereto at the Commencement Date, reasonable wear and tear excepted, and shall surrender all keys to the Demised Premises to Landlord at the place then fixed for the payment of Base Rent, and shall inform Landlord of all combinations on locks, safes and vaults, if any. Tenant shall at such time remove all of its property therefrom and all alterations and improvements placed thereon by Tenant if so requested by Landlord, subject to Section 19.1(g). Tenant shall repair any damage to the Demised Premises caused by such removal, and any and all such property not so removed within ten (10) days after the end of the term of this Lease shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant, subject to Section 19.1(g). If the Demised Premises be not surrendered as above set forth, Tenant shall indemnify, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Demised Premises, including without limitation any claim made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or earlier other termination of this Lease. All property of Tenant not removed on or before the last day of the term of this Lease shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant from the Demised Premises upon termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant, and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all costs and expenses of such removal, transportation and storage Tenant shall reimburse Landlord upon demand for any expenses reasonably incurred by Landlord with respect to all removal or any portion storage of any Demised Premises, whether on the Expiration Date abandoned property and with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwise, Tenant shall surrender and deliver the applicable restoring said Demised Premises to Landlord (a) vacant good order, condition and free from all subtenants, licensees or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 of such Demised Premises on the Commencement Date or, if such Demised Premises is a Replacement Property, as of the applicable Substitution Date, in each case, ordinary wear and tear excepted and except as repaired, restored, altered or added to as permitted or required by the provisions of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that Tenant elects not to remove) removed, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such termination of this Lease results from a Casualty or a Condemnation, the foregoing clauses (b), (c) and (d) shall not apply to the portion of the applicable Demised Premises affected by such Casualty or Condemnation and Tenant’s obligations with respect thereto shall instead be as provided in Article XIIrepair.

Surrender of Demised Premises. Upon termination or expiration of the Term of this Lease, the termination of Tenant’s right to possession, or the vacation of the Demised Premises by Tenant, Tenant shall restore the Demised Premises at Tenant's sole expense to the same condition and configuration as existed at the Commencement Date, ordinary wear and tear only excepted, leaving the Demised Premises broom-clean; provided, however, that Landlord may elect to require Tenant to leave all or any (i) fixtures other than Tenant’s trade fixtures (“Fixtures”), and (ii) alterations, improvements or additions performed by Tenant, Tenant’s agents or contractors (“Alterations”). At least thirty (30) days prior to the termination or expiration of this Lease or Tenant’s vacation of the Demised Premises, Tenant shall submit to Landlord a plan or other reasonable description of the current type, quantity, points of commencement and termination, and routes of the Wires to allow Landlord to determine if Landlord desires to retain same. Upon the expiration or earlier termination of the Lease, Tenant shall, at Tenant’s cost remove all Uncontained Wires except for Uncontained Wires which Landlord notifies in writing that Landlord wishes to remain, and Tenant shall restore the Demised Premises or Building, as the case may be, to their condition existing prior to the installation of such Uncontained Wires, ordinary wear and tear excepted. Wires within conduits and Uncontained Wires that Landlord has notified Tenant that Landlord is retaining are sometimes referred to herein as “Retained Wires”. As to any Fixtures, Alterations and Retained Wires which Landlord notifies Tenant that Landlord is retaining, Tenant covenants that (i) immediately prior to the transfer of Tenant’s interest in such Fixtures, Alterations or Retained Wires to Landlord, Tenant shall be the sole owner of such Fixtures, Alterations and Retained Wires with the sole right to surrender the same, and such Fixtures, Alterations and Retained Wires shall be free of all liens and encumbrances, (ii) all retained Fixtures, Alterations and Retained Wires shall be left in good condition and in working order, and (iii) all Retained Wires shall remain connected and be properly labeled and capped or sealed at each end and in each telecommunications/electrical closet and junction box, and in safe condition. Upon termination of this Lease with respect or Tenant’s right to possession, Landlord shall have the right to reenter and resume possession of the Demised Premises. Tenant’s obligations under this Section 12.03 shall survive the expiration or earlier termination of the Lease. Tenant may remove its trade fixtures provided that the same may be removed without adversely affecting or injuring the Demised Premises, the Building or the Lot and that Tenant, at Tenant’s sole cost, repair any damage done by such removal. Upon termination or expiration of the Term of this Lease, the termination of Tenant’s right to possession, or the vacation of the Demised Premises by Tenant, Tenant shall immediately return to Landlord all keys to all or any portion of any Demised Premises, whether on the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwiseProperty furnished to or otherwise procured by Tenant. Tenant, at Tenant’s sole expense, shall remove all security systems, if any, installed by or for Tenant or by Tenant’s agents or contractors and shall repair any damage to the Demised Premises caused by such removal, unless Landlord agrees in writing that such security system can remain. If Tenant does not remove its property of every kind and description from the Premises prior to the expiration or termination of the Lease, or Tenant’s right to possession, however ended, or the vacation of the Demised Premises by Tenant, then, Tenant at Landlord’s election to be evidenced by written notice to Tenant within 30 days after the termination of the Term, but not otherwise shall surrender and deliver be conclusively presumed to have conveyed the applicable Demised Premises same to Landlord (a) vacant under this Lease as a xxxx of sale without further payment or credit by Landlord to Tenant and free from all subtenantsLandlord may remove the same and Tenant shall pay the cost of such removal to Landlord upon demand. In the event Landlord does not so elect to compel conveyance of such property, licensees Landlord may dispose of such property in any manner whatsoever to the fullest extent permitted by law, including, without limitation, the sale, scrapping, and/or destruction thereof without further obligation to Tenant and Tenant shall pay to Landlord, promptly on demand, the reasonable expenses of such disposal. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 of such Demised Premises on the Commencement Date or, if such Demised Premises is a Replacement Property, as termination of the applicable Substitution Date, in each case, ordinary wear and tear excepted and except as repaired, restored, altered or added to as permitted or required by the provisions term of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that Tenant elects not to remove) removed, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such termination of this Lease results from a Casualty or a Condemnation, the foregoing clauses (b), (c) and (d) shall not apply to the portion of the applicable Demised Premises affected by such Casualty or Condemnation and Tenant’s obligations with respect thereto shall instead be as provided in Article XII.

Surrender of Demised Premises. Upon Lessee shall, at the expiration or earlier termination of this Lease with respect Lease, remove its goods and effects and clean up and/or remove any Hazardous Materials to all or any portion of any the extent placed on the Property by Lessee and peaceably yield up the Demised Premises, whether on the Expiration Date clean and in good working order, repair and condition, with respect any injury done to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwisethe Property by the installation or removal of Lessee’s fixtures or other property being promptly repaired by Lessee in a good and workmanlike manner, Tenant reasonable wear and tear, damage caused by any party other than Lessee or Xxxxxx’s agents or invitees, casualty and condemnation excepted. Lessee shall surrender and deliver be deemed to be occupying the applicable Demised Premises to Landlord (a) vacant and free from all subtenants, licensees or other occupants (other than pursuant to until the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 of such Demised Premises on the Commencement Date or, if such Demised Premises is a Replacement Propertyin the condition required herein. In the event Xxxxxx fails to leave the Property in the condition required above, as Xxxxxx’s personal property shall be deemed abandoned and may be disposed of the applicable Substitution Date, by Lessor in each case, ordinary wear and tear excepted and except as repaired, restored, altered or added to as permitted or required by the provisions of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that Tenant elects not to remove) removedany way Lessor sees fit, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens Lessor shall not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable be accountable to Lessee for the discharging or Bonding disposal of such property, and Lessor may clean up and CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY “[***]”, HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. dispose of any Hazardous Materials left at the Property. Lessee shall promptly reimburse Lessor for all Excepted Liens in accordance with the terms of this Lease) (the foregoingcosts and expenses related to such disposal, collectively, the “Required Return Condition”)cleanup and/or removal. Notwithstanding the foregoing, solely Lessee shall not be obligated to restore the extent Demised Premises, nor remove any cabling or wiring, during or at the end of the Term. In the event that Lessor approves any such termination of this Lease results from a Casualty or a Condemnationlater alterations (i.e., following the foregoing clauses (binitial buildout), (c) and (d) Lessor shall not apply inform Xxxxxx at the time of approval, in writing, whether the same will need to be removed at the portion end of the applicable Demised Premises affected by such Casualty or Condemnation and Tenant’s obligations with respect thereto shall instead be as provided in Article XIITerm.

Surrender of Demised Premises. Upon the expiration or earlier sooner termination of this the Lease with respect Term, Tenant agrees to all or any portion of any quit and surrender the Demised Premises, whether on broom-clean, in as good condition and repair as Tenant is required to maintain the Expiration Date same throughout the Lease Term, together with respect all keys and combinations to locks, safes and vaults and all improvements, alterations, additions, lighting fixtures, apparatus, equipment and decorations at any time made or installed in, upon or to the entire interior or exterior of the Demised Premises, on except personal property, signs and trade fixtures put in at Tenant's expense, all of which shall thereupon become the property of Landlord without any Property Termination Date with respect claim by Tenant therefor, but the surrender of such property to Landlord shall not be deemed to be a payment of rent or in lieu of any individual rent reserved hereunder. Tenant shall also surrender the Existing Equipment. Before surrendering the Demised Premises or otherwisePremises, upon request of Landlord, Tenant shall surrender remove any improvements, alterations, additions, lighting fixtures, apparatus, equipment and deliver decorations at any time made or installed by Tenant in, upon or to the applicable interior or exterior of the Demised Premises, and Tenant further agrees to repair any damage caused thereby. If Tenant shall fail to remove any of Tenant's said personal property, signs and trade fixtures, said property shall, at the option of Landlord, either be deemed abandoned and become the exclusive property of Landlord, or Landlord shall have the right to remove and store said property, at the expense of Tenant, without further notice or demand upon Tenant and hold Tenant responsible for any and all charges incurred by Landlord therefor. If the Demised Premises be not surrendered as and when aforesaid and after Landlord shall have given to Tenant three (3) days' notice to quit, Tenant shall indemnify Landlord against all loss, cost, expense (aincluding reasonable attorneys' fees) vacant and free or direct liability resulting from all subtenantsthe delay by Tenant in so surrendering the same, licensees including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligations under this Paragraph shall survive the expiration or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 of such Demised Premises on the Commencement Date or, if such Demised Premises is a Replacement Property, as sooner termination of the applicable Substitution Date, in each case, ordinary wear and tear excepted and except as repaired, restored, altered or added to as permitted or required by the provisions of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that Tenant elects not to remove) removed, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such termination of this Lease results from a Casualty or a Condemnation, the foregoing clauses (b), (c) and (d) shall not apply to the portion of the applicable Demised Premises affected by such Casualty or Condemnation and Tenant’s obligations with respect thereto shall instead be as provided in Article XIITerm.

Surrender of Demised Premises. Upon On the last day or sooner termination of the Term, Tenant shall quit and surrender the Demised Premises broom-clean, in good condition and repair (reasonable wear and tear and damage by Acts of God, fire extended coverage and perils excepted), together with all alterations, additions and improvements which may have been made in, on or to the Demised Premises, except movable furniture or movable trade fixtures put in at the sole expense of Tenant; provided, however, that Tenant shall ascertain from Landlord at least thirty (30) days before the end of the Term, whether Landlord desires to have the Demised Premises, or any part thereof, restored to the condition in which it was originally delivered to Tenant and, if Landlord shall so desire, then Tenant, at its cost and expense, on or before the end of the Term, shall remove from the Demised Premises all of its property, together with any alterations, additions and improvements, the removal of which is requested by Landlord, and any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, without further notice to or demand upon Tenant. If the Demised Premises be not surrendered as and when aforesaid, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Demised Premises including, without limitation, the claims made by any succeeding occupant founded on such delay. Tenant's obligation under this Section shall survive the expiration or earlier sooner termination of this Lease with respect to all or any portion of any Demised Premises, whether on the Expiration Date with respect to the entire Demised Premises, on any Property Termination Date with respect any individual Demised Premises or otherwise, Tenant shall surrender and deliver the applicable Demised Premises to Landlord (a) vacant and free from all subtenants, licensees or other occupants (other than pursuant to the TBA Leases as in effect on the date hereof or pursuant to subleases for which Landlord has granted a Subtenant SNDA), (b) in at least the same condition as the condition 153 of such Demised Premises on the Commencement Date or, if such Demised Premises is a Replacement Property, as of the applicable Substitution Date, in each case, ordinary wear and tear excepted and except as repaired, restored, altered or added to as permitted or required by the provisions of this Lease, (c) in compliance in all material respects with all applicable Property Requirements, (d) with all Tenant’s Property and all Alterations (other than Permissible Alterations that Tenant elects not to remove) removed, and with such Demised Premises repaired and restored in accordance with the terms hereof following any such removal and (e) free and clear of all Encumbrances first arising after the Commencement Date, other than Permitted Encumbrances (except for any Excepted Liens not Bonded by Tenant, Tenant hereby acknowledges that Tenant shall in all events remain liable for the discharging or Bonding of all Excepted Liens in accordance with the terms of this Lease) (the foregoing, collectively, the “Required Return Condition”). Notwithstanding the foregoing, solely to the extent that any such termination of this Lease results from a Casualty or a Condemnation, the foregoing clauses (b), (c) and (d) shall not apply to the portion of the applicable Demised Premises affected by such Casualty or Condemnation and Tenant’s obligations with respect thereto shall instead be as provided in Article XIITerm.