Common use of Surrender of Possession; Holding Over Clause in Contracts

Surrender of Possession; Holding Over. (a) At the expiration of the Lease, Lessee agrees to deliver up and surrender to Lessor possession of the Premises and all improvements thereon broom clean and, in as good order and condition as when possession was taken by Lessee, excepting only ordinary wear and tear (wear and tear which could have been avoided by first class maintenance practices and in accordance with industry standards shall not be deemed "ordinary"). Upon expiration or sooner termination of this Lease, Lessor may reenter the Premises and remove all persons and property therefrom. If Lessee shall fail to remove any personal property which it is entitled or obligated to remove from the Premises upon the expiration or sooner termination of this Lease, for any cause whatsoever, Lessor, at its option, may remove the same and store or dispose of them, and Lessee agrees to pay to Lessor on demand any and all expenses incurred in such removal and in making the Premises free from all dirt, litter, debris and obstruction, including all storage and insurance charges. If the Premises are not surrendered at the end of the Lease Term, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, actual damages for lost rent and with respect to any claims of a successor occupant. (b) If Lessee, with Lessor's prior written consent, remains in possession of the Premises after expiration of the Lease Term and if Lessor and Lessee have not executed an express written agreement as to such holding over, then such occupancy shall be a tenancy from month to month at a monthly Base Rent equivalent to one hundred fifty percent (150%) of the monthly rental in effect immediately prior to such expiration, such payments to be made as herein provided for Base Rent. In the event of such holding over, all of the terms of this Lease, including the payment of Additional Rent all charges owing hereunder other than rent shall remain in force and effect on said month to month basis.

Surrender of Possession; Holding Over. (a) At the expiration of the Lease, Lessee agrees to deliver up and surrender to Lessor possession of the Premises and all improvements thereon broom clean and, in as good order and condition as when possession was taken by Lessee, excepting only ordinary wear and tear (wear and tear which could have been avoided by first class maintenance practices and in accordance with industry standards shall not be deemed "“ordinary"”). Upon expiration or sooner termination of this Lease, Lessor may reenter the Premises and remove all persons and property therefrom. If Lessee shall fail to remove any personal property which it is entitled or obligated to remove from the Premises upon the expiration or sooner termination of this Lease, for any cause whatsoever, Lessor, at its option, may remove the same and store or dispose of them, and Lessee agrees to pay to Lessor on demand any and all expenses incurred in such removal and in making the Premises free from all dirt, litter, debris and obstruction, including all storage and insurance charges. If the Premises are not surrendered at the end of the Lease Term, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, actual damages for lost rent and with respect to any claims of a successor occupant. (b) If Lessee, with Lessor's ’s prior written consent, remains in possession of the Premises after expiration of the Lease Term and if Lessor and Lessee have not executed an express written agreement as to such holding over, then such occupancy shall be a tenancy from month to month at a monthly Base Rent equivalent to one hundred fifty percent (150%) of the monthly rental in effect immediately prior to such expiration, such payments to be made as herein provided for Base Rent. In the event of such holding over, all of the terms of this Lease, including the payment of Additional Rent all charges owing hereunder other than rent shall remain in force and effect on said month to month basis.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of the this Lease, Lessee agrees to deliver up Tenant shall remove all of Tenant’s wiring, equipment, trade fixtures, supplies, wall decorations, signage, advertisements, banners, placards, pictures and other personal property from the Premises, the Building and the Common Area and shall vacate the Premises, and surrender to Lessor Landlord possession of the Premises and all improvements thereon therein, broom clean and, and in as good order and condition as when possession was taken by LesseeTenant, excepting only ordinary normal wear and tear and damage due to casualty not caused by Tenant or Tenant’s agents, employees or contractors (subject to the terms of Section 7.06 above). Except for such normal wear and tear which could have been avoided and damage due to casualty not caused by first class maintenance practices Tenant or Tenant’s agents, employees or contractors (subject to the terms of Section 7.06 above), Tenant shall: (i) repair all damage to the Premises, the interior and in accordance exterior of the Building and the Common Area caused by Tenant’s removal of its property; (ii) patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or any Tenant Parties to the roof, floor, interior or exterior walls or ceiling of the Premises and the Building, whether or not such penetrations were made with industry standards shall not be deemed "ordinary")Landlord’s approval; (iii) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord; and (iv) repair all damage caused by Tenant to the exterior surface of the Building and to the paved surfaces of the Common Area and, where necessary, replace or resurface same. Upon the expiration or sooner earlier termination of this Lease, Lessor Landlord may reenter the Premises and remove all persons and property therefrom. If Lessee Tenant shall fail to remove any personal property which it is entitled or obligated surrender to remove from Landlord the Premises upon Premises, the Building and the Common Area in the condition required by this Section at the expiration or sooner earlier termination of this Lease, for any cause whatsoever, Lessorthen Landlord, at its optionTenant’s expense, may remove the same Tenant’s signs, property and/or improvements not so removed and store make such repairs and replacements not so made or dispose of themhire, and Lessee agrees at Tenant’s expense, independent contractors to pay perform such work. Tenant shall be liable to Lessor on demand any and Landlord for all expenses costs incurred by Landlord in such removal and in making the Premises free from all dirt, litter, debris and obstruction, including all storage and insurance charges. If the Premises are not surrendered at the end of the Lease Term, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering returning the Premises, the Building and the Common Area to the required condition, together with interest thereon at the Agreed Rate from the date incurred by Landlord until paid. Tenant shall pay to Landlord the amount of all costs so incurred (including, without limitation, actual damages for lost rent costs of disposal, storage and insurance), together with respect to any claims interest at the Agreed Rate, within five (5) Business Days after receipt of a successor occupantan invoice therefor. (b) If LesseeTenant, with Lessor's Landlord’s prior written consent, remains in possession of the Premises after expiration of the Lease Term Tern, and if Lessor Landlord and Lessee Tenant have not executed an express written agreement as to such holding over, then such occupancy shall be a tenancy from month-to-month to month at a on every applicable term, condition and agreement contained herein (including the payment of Additional Rent), except that monthly Base Rent shall be payable at a rate equivalent to one hundred fifty percent (150%) of the monthly rental Base Rent in effect immediately prior to such expiration, such payments to be made as herein provided for Base Rent. In the event of such holding over, all of the terms of this Lease, including the payment of Additional Rent all charges owing hereunder other than rent shall remain in force and effect on said month to month basis.

Surrender of Possession; Holding Over. (a) At the expiration of the Lease, Lessee agrees to deliver up and surrender to Lessor possession of the Premises and all improvements thereon broom clean and, in as good order and condition as when possession was taken by Lessee, excepting only ordinary wear and tear (wear and tear which could have been avoided by first class maintenance practices and in accordance with industry standards shall not be deemed "ordinary"). Upon expiration or sooner termination of this Lease, Lessor may reenter the Premises and remove all persons and property therefrom. If Lessee shall fail to remove any personal property which it is entitled or obligated to remove from the Premises upon the expiration or sooner termination of this Lease, for any cause whatsoever, Lessor, at its option, may remove the same and store or dispose of them, and Lessee agrees to pay to Lessor on demand any and all expenses incurred in such removal and in making the Premises free from all dirt, litter, debris and obstruction, including all storage and insurance charges. If the Premises are not surrendered at the end of the Lease Term, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, actual damages for lost rent and with respect to any claims of a successor occupant. (b) If Lessee, with Lessor's prior written consent, remains in possession of the Premises after expiration of the Lease Term and if Lessor and Lessee have not executed an express written agreement as to such holding over, then such occupancy shall be a tenancy from month to month at a monthly Base Rent equivalent to one hundred fifty twenty-five percent (150125%) of the monthly rental in effect immediately prior to such expiration, such payments to be made as herein provided for Base Rent. In the event of such holding over, all of the terms of this Lease, including the payment of Additional Rent all charges owing hereunder other than rent shall remain in force and effect on said month to month basis.

Surrender of Possession; Holding Over. (a) At the expiration of the Lease, Lessee agrees to deliver up and surrender to Lessor possession of the Premises and all improvements thereon broom clean and, in as good order and condition as when possession was taken by Lessee, excepting only ordinary wear and tear (wear and tear which could have been avoided by first class maintenance practices and in accordance with industry standards shall not be deemed "ordinary"). Upon expiration or sooner termination of this Lease, Lessor may reenter the Premises and remove all persons and property therefrom. If Lessee shall fail to remove any personal property which it is entitled or obligated to remove from the Premises upon the expiration or sooner termination of this Lease, for any cause whatsoever, Lessor, at its option, may remove the same and store or dispose of them, and Lessee agrees to pay to Lessor on demand any and all expenses incurred in such removal and in making the Premises free from all dirt, litter, debris and obstruction, including all storage and insurance charges. If the Premises are not surrendered at the end of the Lease Term, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, actual damages for lost rent and with respect to any claims of a successor occupant. (b) If Lessee, with Lessor's prior written consent, remains in possession of the Premises after expiration of the Lease Term and if Lessor and Lessee have not executed an express written agreement as to such holding over, then such occupancy shall be a tenancy from month to month at a monthly Base Rent equivalent to one hundred fifty percent 125% (for the first three months of holdover) and thereafter 150%) % of the monthly rental in effect immediately prior to such expiration, such payments to be made as herein provided for Base Rent. In the event of such holding over, all of the terms of this Lease, including the payment of Additional Rent all charges owing hereunder other than rent shall remain in force and effect on said month to month basis.

Surrender of Possession; Holding Over. (a) At the expiration of the Lease, Lessee agrees to deliver up and surrender to Lessor possession of the Premises and all improvements thereon broom clean and, in as good order and condition as when possession was taken by Lessee, excepting only ordinary wear and tear (wear and tear which could have been avoided by first class maintenance practices and in accordance with industry standards shall not be deemed "“ordinary"”). Upon expiration or sooner termination of this Lease, Lessor may reenter the Premises and remove all persons and property therefrom. If Lessee shall fail to remove any personal property which it is entitled or obligated to remove from the Premises upon the expiration or sooner termination of this Lease, for any cause whatsoever, Lessor, at its option, may remove the same and store or dispose of them, and Lessee agrees to pay to Lessor on demand any and all expenses incurred in such removal and in making the Premises free from all dirt, litter, debris and obstruction, including all storage and insurance charges. If the Premises are not surrendered at the end of the Lease Term, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, actual damages for lost rent and with respect to any claims of a successor occupant. (b) If Lessee, with Lessor's ’s prior written consent, remains in possession of the Premises after expiration of the Lease Term and if Lessor and Lessee have not executed an express written agreement as for payment of rent during such consented to such holding overholdover, then such occupancy shall be a tenancy from month to month at a monthly Base Rent equivalent to one hundred fifty twenty-five percent (150125%) for the first month and 150% thereafter of the monthly rental in effect immediately prior to such expiration, such payments to be made as herein provided for Base Rent. In the event of such holding over, all of the terms of this Lease, including the payment of Additional Rent and all charges owing hereunder other than rent shall remain in force and effect on said month to month basis.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of the this Lease, Lessee agrees Tenant shall remove all of Tenant’s signs (pursuant to Section 18.14) and shall remove all of Tenant’s equipment, trade fixtures, supplies, wall decoration and other personal property from within the Premises and the Common Area and shall vacate, deliver up and surrender to Lessor Landlord possession of the Premises and all improvements improvements, including Tenant Improvements, thereon broom clean and, in as good order and condition as when possession was taken by LesseeTenant, excepting only ordinary wear and tear (wear and tear which could have been avoided by first class commercially reasonable maintenance practices and in accordance with industry standards shall not be deemed "“ordinary")”) and casualty and condemnation damage which Tenant is not responsible to repair. Except for such ordinary wear and tear, Tenant shall: (i) repair all damage to the Premises, the interior and exterior of the Building and the Common Area caused by Tenant’s removal of its property, (ii) patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its agents, contractors, employees or invitees to the roof, floor, interior or exterior walls or ceiling of the Premises and the Building, whether such penetrations were made with Landlord’s approval or not, (iii) repair all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord, (iv) repair all damage caused by Tenant to the exterior surface of Building and to the paved surfaces of the Common Areas and, where necessary, replace or resurface same. Upon expiration or sooner termination of this Lease, Lessor Landlord may reenter the Premises and remove all persons and property therefrom. If Lessee Tenant shall fail to remove any personal property which it is entitled or obligated surrender to remove from Landlord the Premises upon Premises, the Building and the Common Area in the condition required by this paragraph at the expiration or or, if sooner termination terminated, within thirty (30) days after sooner termination, of this Lease, for any cause whatsoever, LessorLandlord may, at its optionTenant’s expense, may remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all reasonable out-of-pocket costs incurred by Landlord in returning the same Premises, the Building and store or dispose of themthe Common Area to the required condition, and Lessee agrees to together with interest thereon at the Agreed Rate from the date incurred by Landlord until paid. Tenant shall pay to Lessor on demand any and Landlord the amount of all expenses costs so incurred in such removal and in making the Premises free from all dirt(including, litterwithout limitation, debris and obstructioncosts of disposal, including all storage and insurance chargesinsurance) together with interest at the Agreed Rate within thirty (30) business days from Landlord’s delivery of a statement therefor. If the Premises are not surrendered at the end of the Lease Term, Lessee Tenant shall indemnify Lessor Landlord against loss or liability resulting from delay by Lessee Tenant in so surrendering the Premises, including, without limitation, actual damages for lost rent and with respect to any claims of a successor occupant. (b) If Lessee, with Lessor's prior written consent, Tenant remains in possession of the Premises after expiration of the Lease Term and if Lessor Landlord and Lessee Tenant have not executed an express written agreement as to such holding over, then such occupancy shall be a tenancy from month to month at a monthly Base Rent equivalent to the greater of the then-existing Fair Market Rent thereof or one hundred fifty percent (150%) of the monthly rental Base Rent in effect immediately prior to such expiration, such payments to be made as herein provided for Base Rent. In the event of such holding over, all of the terms of this Lease, including the payment of Additional Rent all charges owing hereunder other than rent shall remain in force and effect on said month to month basis.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of the Lease, Lessee agrees shall remove all of Lessee’s signs (pursuant to Section 17.15) and shall remove all of Lessee’s equipment, trade fixtures, supplies, wall decoration and other personal property from within the Premises, Building and the Common Area and shall vacate, deliver up and surrender to Lessor possession of the Premises and all improvements thereon broom clean and, in as good order and condition as when possession was taken by Lessee, excepting only ordinary wear and tear (wear and tear which could have been avoided by first class maintenance practices and in accordance with industry standards shall not be deemed "“ordinary"”). Except for such ordinary wear and tear, Lessee shall: (i) repair all damage to the Premises, the interior and exterior of Building and the Common Area caused by Lessee’s removal of its property, (ii) patch and refinish, to Lessor’s reasonable satisfaction, all penetrations made by Lessee or its agents, contractors, employees or invitees to the roof, floor, interior or exterior walls or ceiling of the Premises and Building, whether such penetrations were made with Lessor’s approval or not, (iii) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Lessor, (iv) repair all damage caused by Lessee to the exterior surface of Building and to the paved surfaces of the Common Areas and, where necessary, replace or resurface same. Upon expiration or sooner termination of this Lease, Lessor may reenter the Premises and remove all persons and property therefrom. If Lessee shall fail to remove any personal property which it is entitled or obligated surrender to remove from Lessor the Premises upon Premises, Building and the Common Area in the condition required by this paragraph at the expiration or or, if sooner termination terminated, within ten (10) days after sooner termination, of this Lease, for any cause whatsoever, LessorLessor may, at its optionLessee’s expense, may remove Lessee’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Lessee’s expense, independent contractors to perform such work. Lessee shall be liable to Lessor for all costs incurred by Lessor in returning the same Premises, Building and store or dispose of themthe Common Area to the required condition, and together with interest thereon at the Agreed Rate from the date incurred by Lessor until paid. Lessee agrees to shall pay to Lessor on demand any and the amount of all expenses costs so incurred in such removal and in making the Premises free from all dirt(including, litterwithout limitation, debris and obstructioncosts of disposal, including all storage and insurance chargesinsurance) together with interest at the Agreed Rate within five (5) business days from Lessor’s delivery of a statement therefor. If the Premises are not surrendered at the end of the Lease Term, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, actual damages for lost rent and with respect to any claims of a successor occupantoccupant (provided that such damages shall be reduced by the amount of any holdover rent paid by Lessee pursuant to Section 17.09 (b) below); provided, however, Lessor shall have first informed Lessee in writing that Lessor has entered into an agreement with such a successor occupant and the anticipated commencement date of such succeeding lease, provided that Lessor will have no liability to Lessee for Lessor’s failure to do so. (b) If Lessee, with Lessor's ’s prior written consent, remains in possession of the Premises after the expiration of the Lease Term or earlier termination of this Lease and if Lessor and Lessee have not executed an express written agreement as to such holding over, then such occupancy shall be a tenancy from month to month at a monthly Base Rent equivalent to one hundred fifty percent (150%) of the greater of: (i) the monthly rental in effect immediately prior to such expirationexpiration or (ii) the Fair Market Rent, as determined by Lessor, such payments to be made as herein provided for Base Rent. In the event of such holding over, all of the terms of this Lease, including the payment of Additional Rent all charges owing hereunder other than rent shall remain in force and effect on said month to month basis.

Surrender of Possession; Holding Over. (a) At the expiration of the Lease, Lessee agrees to deliver up and surrender to Lessor possession of the Premises and all improvements thereon broom clean and, in as good order and condition as when possession was taken by Lessee, excepting only ordinary wear and tear (wear and tear which could have been avoided by first class maintenance practices and in accordance with industry standards shall not be deemed "ordinary"). Upon expiration or sooner termination of this Lease, Lessor may reenter the Premises and remove all persons and property therefrom. If Lessee shall fail to remove any personal property properly which it is entitled or obligated to remove from the Premises upon the expiration or sooner termination of this Lease, for any cause whatsoever, Lessor, at its option, may remove the same and store or dispose of them, and Lessee agrees to pay to Lessor on demand any and all expenses incurred in such removal and in making the Premises free from all dirt, litter, debris and obstruction, including all storage and insurance charges. If the Premises are not surrendered at the end of the Lease Term, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, actual damages for lost rent and with respect to any claims of a successor occupant. (b) If Lessee, with Lessor's prior written consent, remains in possession of the Premises after expiration of the Lease Term and if Lessor and Lessee have not executed an express written agreement as to such holding over, then such occupancy shall be a tenancy from month to month at a monthly Base Rent equivalent to one hundred fifty percent 125% (for the first three months of holdover) and thereafter 150%) % of the monthly rental in effect immediately prior to such expiration, such payments to be made as herein provided for Base Rent. In the event of such holding over, all of the terms of this Lease, including the payment of Additional Rent all charges owing hereunder other than rent shall remain in force and effect on said month to month basis.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of the this Lease, Lessee agrees to deliver up Tenant shall remove all of Tenant’s wiring, equipment, trade fixtures, supplies, wall decorations, signage and other personal property from the Premises, the Building and the Common Area and shall vacate the Premises, and surrender to Lessor Landlord possession of the Premises and all improvements thereon therein, broom clean and, and in as good order and condition as when possession was taken by LesseeTenant, excepting only ordinary normal wear and tear (and damage due to casualty or eminent domain. Except for such normal wear and tear which could have been avoided and damage due to casualty or eminent domain, Tenant shall: (i) repair all damage to the Premises, the interior and exterior of the Building and the Common Area caused by first class maintenance practices Tenant’s removal of its property; (ii) patch and in accordance refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or any Tenant Parties to the roof, floor, interior or exterior walls or ceiling of the Premises and the Building, whether or not such penetrations were made with industry standards shall not be deemed "ordinary")Landlord’s approval; (iii) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord; and (iv) repair all damage caused by Tenant to the exterior surface of the Building and to the paved surfaces of the Common Area and, where necessary, replace or resurface same. Upon the expiration or sooner earlier termination of this Lease, Lessor Landlord may reenter the Premises and remove all persons and property therefromtherefrom in accordance with all legal due process requirements. If Lessee Tenant shall fail to remove any personal property which it is entitled or obligated surrender to remove from Landlord the Premises upon Premises, the Building and the Common Area in the condition required by this Section 17.09(a) at the expiration or sooner earlier termination of this Lease, for any cause whatsoever, Lessorthen Landlord, at its optionTenant’s expense, may remove the same and store or dispose may, after Tenant has surrendered possession of them, and Lessee agrees to pay to Lessor on demand any and all expenses incurred in such removal and in making the Premises free from to Landlord, remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all dirt, litter, debris and obstruction, including all storage and insurance charges. If the Premises are not surrendered at the end of the Lease Term, Lessee shall indemnify Lessor against loss or liability resulting from delay costs incurred by Lessee Landlord in so surrendering returning the Premises, the Building and the Common Area to the required condition, together with interest thereon at the Agreed Rate from the date incurred by Landlord until paid. Tenant shall pay to Landlord the amount of all costs so incurred (including, without limitation, actual damages for lost rent costs of disposal, storage and insurance), together with respect to any claims interest at the Agreed Rate, within thirty (30) days after receipt of a successor occupantan invoice therefor. (b) If Lessee, with Lessor's prior written consent, Tenant remains in possession of the Premises after expiration of the Lease Term Term, and if Lessor Landlord and Lessee Tenant have not executed an express written agreement as to such holding over, then such occupancy shall be a tenancy from month-to-month to month at a on every applicable term, condition and agreement contained herein (including the payment of Additional Rent), except that monthly Base Rent shall be payable at a rate equivalent to one hundred fifty percent (150%) of the monthly rental Base Rent in effect immediately prior to such expiration, expiration for the first month of any such payments to be made as herein provided for Base Rent. In the event of such holding over, all holdover and one hundred seventy-five percent (175%) of the terms Monthly Base Rent in effect immediately prior to such expiration thereafter for the remainder of this Lease, including the payment of Additional Rent all charges owing hereunder other than rent shall remain in force and effect on said month to month basisany such holdover.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of the this Lease, Lessee agrees to deliver up Tenant shall remove all of Tenant’s equipment, trade fixtures, supplies, wall decorations, signage and other personal property from the Premises, the Building and the Common Area and shall vacate the Premises, and surrender to Lessor Landlord possession of the Premises and all improvements thereon therein, broom clean and, and in substantially as good order and condition as when possession was taken by Lesseethe Tenant’s Work is complete, excepting only ordinary normal wear and tear (tear, damage due to casualty not caused by Tenant or Tenant’s agents, employees or contractors, condemnation and Landlord’s obligations hereunder. Except for such normal wear and tear which could have been avoided tear, damage due to casualty not caused by first class maintenance practices Tenant or Tenant’s agents, employees or contractors, condemnation and in accordance Landlord’s obligations Tenant shall: (i) repair all damage to the Premises, the interior and exterior of the Building and the Common Area caused by Tenant’s removal of its property; (ii) patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or any Tenant Parties to the roof, floor, interior or exterior walls or ceiling of the Premises and the Building, whether or not such penetrations were made with industry standards shall not be deemed "ordinary")Landlord’s approval; (iii) repair or replace all damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord; and (iv) repair all damage caused by Tenant to the exterior surface of the Building. Upon the expiration or sooner earlier termination of this Lease, Lessor Landlord may reenter the Premises and remove all persons and property therefrom. If Lessee Tenant shall fail to remove any personal property which it is entitled or obligated surrender to remove from Landlord the Premises upon Premises, the Building and the Common Area in the condition required by this Section 17.09(a) at the expiration or sooner earlier termination of this Lease, for any cause whatsoever, Lessorthen Landlord, at its optionTenant’s expense, may remove the same Tenant’s signs, property and/or improvements not so removed and store make such repairs and replacements not so made or dispose of themhire, and Lessee agrees at Tenant’s expense, independent contractors to pay perform such work. Tenant shall be liable to Lessor on demand any and Landlord for all expenses reasonable out-of-pocket costs incurred by Landlord in such removal and in making the Premises free from all dirt, litter, debris and obstruction, including all storage and insurance charges. If the Premises are not surrendered at the end of the Lease Term, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering returning the Premises, the Building and the Common Area to the required condition, together with interest thereon at the Agreed Rate from the date incurred by Landlord until paid. Tenant shall pay to Landlord the amount of all costs so incurred (including, without limitation, actual damages for lost rent costs of disposal, storage and insurance), together with respect to any claims interest at the Agreed Rate, within thirty (30) days after receipt of a successor occupantan invoice therefor. (b) If LesseeTenant, with Lessor's without Landlord’s prior written consent, remains in possession of the Premises after the expiration of the Lease Term and if Lessor and Lessee have not executed an express written agreement as to such holding overTerm, then such occupancy shall be a tenancy from month to month at a tenancy-at-sufferance on every applicable term, condition and agreement contained herein (including the payment of Additional Rent), except that monthly Base Rent shall be payable at a rate equivalent to one hundred fifty percent (150%) of the monthly rental higher of (i) Base Rent in effect immediately prior to such expiration, expiration or (ii) the Fair Market Rent for the Premises at such payments to be made as herein provided for Base Rent. In the event of such holding over, all of the terms of this Lease, including the payment of Additional Rent all charges owing hereunder other than rent shall remain in force and effect on said month to month basistime.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of the this Lease, Lessee agrees to deliver up Tenant shall remove all of Tenant’s equipment, trade fixtures, supplies, wall decorations, signage and other personal property from the Premises, the Building and the Common Area and shall vacate the Premises, and surrender to Lessor Landlord possession of the Premises and all improvements thereon therein, broom clean and, and in substantially as good order and condition as when possession was taken by Lesseethe Tenant’s Work is complete, excepting only ordinary normal wear and tear (tear, damage due to casualty not caused by Tenant or Tenant’s agents, employees or contractors, condemnation and Landlord’s obligations hereunder. Except for such normal wear and tear which could have been avoided tear, damage due to casualty not caused by first class maintenance practices Tenant or Tenant’s agents, employees or contractors, condemnation and in accordance Landlord’s obligations Tenant shall: (i) repair all damage to the Premises, the interior and exterior of the Building and the Common Area caused by Tenant’s removal of its property; (ii) patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or any Tenant Parties to the roof, floor, interior or exterior walls or ceiling of the Premises and the Building, whether or not such penetrations were made with industry standards shall not be deemed "ordinary")Landlord’s approval; (iii) repair or replace all damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord; and (iv) repair all damage caused by Tenant to the exterior surface of the Building. Upon the expiration or sooner earlier termination of this Lease, Lessor Landlord may reenter the Premises and remove all persons and property therefrom. If Lessee Tenant shall fail to remove any personal property which it is entitled or obligated surrender to remove from Landlord the Premises upon Premises, the Building and the Common Area in the condition required by this Section 17.09(a) at the expiration or sooner earlier termination of this Lease, for any cause whatsoever, Lessorthen Landlord, at its optionTenant’s expense, may remove the same Tenant’s signs, property and/or improvements not so removed and store make such repairs and replacements not so made or dispose of themhire, and Lessee agrees at Tenant’s expense, independent contractors to pay perform such work. Tenant shall be liable to Lessor on demand any and Landlord for all expenses reasonable out-of-pocket costs incurred by Landlord in such removal and in making the Premises free from all dirt, litter, debris and obstruction, including all storage and insurance charges. If the Premises are not surrendered at the end of the Lease Term, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering returning the Premises, the Building and the Common Area to the required condition, together with interest thereon at the Agreed Rate from the date incurred by Landlord until paid. Tenant shall pay to Landlord the amount of all costs so incurred (including, without limitation, actual damages for lost rent costs of disposal, storage and insurance), together with respect to any claims interest at the Agreed Rate, within thirty (30) days after receipt of a successor occupantan invoice therefor. (b) If Lessee, with Lessor's prior written consent, remains in possession of the Premises after expiration of the Lease Term and if Lessor and Lessee have not executed an express written agreement as to such holding over, then such occupancy shall be a tenancy from month to month at a monthly Base Rent equivalent to one hundred fifty percent (150%) of the monthly rental in effect immediately prior to such expiration, such payments to be made as herein provided for Base Rent. In the event of such holding over, all of the terms of this Lease, including the payment of Additional Rent all charges owing hereunder other than rent shall remain in force and effect on said month to month basis.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of the this Lease, Lessee agrees Tenant shall remove shall remove all of Tenant’s equipment, trade fixtures, supplies, wall decorations, signage, film or other protective coatings added to deliver up the exterior windows by Tenant and other personal property from the Premises, the Building and the Common Area and shall vacate the Premises, and surrender to Lessor Landlord possession of the Premises and all improvements thereon therein, broom clean and, and in as good order and condition as when possession was taken by LesseeTenant, excepting only ordinary normal wear and tear and damage due to casualty not caused by Tenant or Tenant’s agents, employees or contractors, and deliver to Landlord copies of all service contracts and maintenance records kept by Tenant with respect to the Premises. Notwithstanding the foregoing, Tenant shall not be required to remove from the Premises at the expiration or termination of this Lease any of Tenant’s initial Tenant Improvements to the Premises to the extent such Tenant Improvements were approved by Landlord as part of the Approved Working Drawings (as defined in Section 3.3 of the Work Letter Agreement attached hereto as Exhibit C). Except for such normal wear and tear which could have been avoided and damage due to casualty not caused by first class maintenance practices Tenant or Tenant’s agents, employees or contractors, Tenant shall: (i) repair all damage to the Premises, the interior and in accordance exterior of the Building and the Common Area caused by Tenant’s removal of its property; (ii) patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or any Tenant Parties to the roof, floor, interior or exterior walls or ceiling of the Premises and the Building, whether or not such penetrations were made with industry standards shall not be deemed "ordinary")Landlord’s approval; (iii) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord; and (iv) repair all damage caused by Tenant to the exterior surface of the Building and to the paved surfaces of the Common Area and, where necessary, replace or resurface same. Upon the expiration or sooner earlier termination of this Lease, Lessor Landlord may reenter the Premises and remove all persons and property therefrom. If Lessee Tenant shall fail to remove any personal property which it is entitled or obligated surrender to remove from Landlord the Premises upon Premises, the Building and the Common Area in the condition required by this Section 17.09(a) at the expiration or sooner earlier termination of this Lease, for any cause whatsoever, Lessorthen Landlord, at its optionTenant’s expense, may remove the same Tenant’s signs, property and/or improvements not so removed and store make such repairs and replacements not so made or dispose of themhire, and Lessee agrees at Tenant’s expense, independent contractors to pay perform such work. Tenant shall be liable to Lessor on demand any and Landlord for all expenses costs incurred by Landlord in such removal and in making the Premises free from all dirt, litter, debris and obstruction, including all storage and insurance charges. If the Premises are not surrendered at the end of the Lease Term, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering returning the Premises, the Building and the Common Area to the required condition, together with interest thereon at the Agreed Rate from the date incurred by Landlord until paid. Tenant shall pay to Landlord the amount of all costs so incurred (including, without limitation, actual damages for lost rent costs of disposal, storage and insurance), together with respect to any claims interest at the Agreed Rate, within five (5) business days after receipt of a successor occupantan invoice therefor. (b) If LesseeTenant, with Lessor's Landlord’s prior written consent, remains in possession of the Premises after expiration of the Lease Term Term, and if Lessor Landlord and Lessee Tenant have not executed an express written agreement as to such holding over, then such occupancy shall be a tenancy from month-to-month to month at a on every applicable term, condition and agreement contained herein (including the payment of Additional Rent), except that monthly Base Rent shall be payable at a rate equivalent to one hundred fifty twenty-five percent (150125%) of the monthly rental Base Rent in effect immediately prior to such expiration, such payments to be made as herein provided for Base Rent. In the event of such holding over, all of the terms of this Lease, including the payment of Additional Rent all charges owing hereunder other than rent shall remain in force and effect on said month to month basis.