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

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of this Lease, 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 Landlord possession of the Premises and all improvements therein, broom clean and in as good order and condition as when possession was taken by Tenant, excepting only 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 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), 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 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 earlier termination of this Lease, Landlord may reenter the Premises and remove all persons and property therefrom. If Tenant shall fail to surrender to Landlord the Premises, the Building and the Common Area in the condition required by this Section at the expiration or earlier termination of this Lease, then Landlord, at Tenant’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 costs incurred by Landlord in 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, costs of disposal, storage and insurance), together with interest at the Agreed Rate, within five (5) Business Days after receipt of an invoice therefor.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of this the Lease, Tenant Lessee shall remove all of TenantLessee’s wiringsigns (pursuant to Section 17.15) and, subject to the terms of the Removal Obligations Schedule and Section 6.03 of the Lease, shall remove all of Lessee’s equipment, trade fixtures, supplies, wall decorations, signage, advertisements, banners, placards, pictures decoration and other personal property from within the Premises, the Building 10 and the Common Area and shall vacate the Premisesvacate, deliver up and surrender to Landlord Lessor possession of the Premises and all improvements thereinthereon, subject to the terms of Section 17.21 of this Lease concerning Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from the Premises by Lessee or any of Lessee’s agents, employees or contractors (collectively, “Lessee HazMat Operations”) and released of all clearances required by any governmental authorities with respect to Lessee HazMat Operations, broom clean and and, in as good order and condition as when possession was taken by Tenantcondition, excepting only normal ordinary wear and tear (wear and tear which could have been avoided by best maintenance practices customarily used at the Project) and damage due to casualty not caused by Lessee or Lessee’s agents, employees or contractors. Except for such ordinary wear and tear and damage due to casualty not caused by Tenant or TenantLessee’s agents, employees or contractors (subject to collectively, the terms of Section 7.06 above). Except for such normal wear and tear and damage due to casualty not caused by Tenant or Tenant“Lessee’s agents, employees or contractors (subject to the terms of Section 7.06 aboveParties”), Tenant shall: Lessee shall (i) repair all damage to the Premises, the interior and exterior of the Building 10 and the Common Area caused by TenantLessee’s removal of its property; , (ii) patch and refinish, to LandlordLessor’s reasonable satisfaction, all penetrations made by Tenant Lessee or any Tenant Parties its agents, contactors, employees or invitees to the roof, floor, interior or exterior walls or ceiling of the Premises and the BuildingBuilding 10, whether or not such penetrations were made with LandlordLessor’s approval; approval or not, to the extent that the equipment requiring such penetration is removed at the expiration or earlier termination of the Lease, (iii) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings (unless such staining or damage was caused by the actions of Lessor or the tenant of a leased space above the Premises) to the reasonable satisfaction of Landlord; and Lessor, (iv) repair all damage caused by Tenant Lessee to the exterior surface of the Building and to the paved surfaces of the Common Area 10 and, where necessary, replace or resurface same. Upon the expiration or earlier sooner termination of this Lease, Landlord Lessor may reenter the Premises and remove all persons and property therefrom. If Tenant Lessee shall fail to surrender to Landlord Lessor the Premises, the Building 10 and the Common Area in the condition required by this Section paragraph at the expiration or earlier termination or, if sooner terminated, within ten (10) days after sooner termination, of this Lease, then LandlordLessor may, at TenantLessee’s expense, may remove TenantLessee’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at TenantLessee’s expense, independent contractors to perform such work. Tenant Lessee shall be liable to Landlord Lessor for all reasonable costs incurred by Landlord Lessor in returning the Premises, the Building 10 and the Common Area to the required condition, together with interest thereon at the Agreed Rate from the date incurred by Landlord Lessor until paid. Tenant Lessee shall pay to Landlord Lessor the amount of all costs so incurred (including, without limitation, costs of disposal, storage and insurance), ) together with interest at the Agreed Rate, Rate within five (5) Business Days after receipt business days from Lessor’s delivery of an invoice 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 occupant. Notwithstanding anything to the contrary contained in this Section 17.09, and subject to the terms of the Removal Obligations Schedule, Lessee shall only be required to remove those Tenant Improvements and Alterations as Lessor shall have designated at the time Lessor gave its consent to such Tenant Improvements and/or Alterations to the extent required pursuant to the terms of Section 6.03 hereof, or when consent was not required, in response to Lessee’s written request for such determination.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of this Lease, Tenant shall remove all of Tenant’s wiring, equipment, trade fixtures, supplies, wall decorations, signage, advertisements, banners, placards, pictures signage and other personal property from the Premises, the Building and the Common Area Areas and shall vacate the Premises, and surrender to Landlord possession of the Premises and all improvements therein, broom clean and in as good order and condition as when possession was taken by Tenant, excepting only normal wear and tear and tear, damage due to casualty not caused by Tenant or Tenant’s agents, employees or contractors (subject to the terms of Section 7.06 above)contractors. Except for such normal wear and tear and tear, damage due to casualty not caused by Tenant or Tenant’s agents, employees or contractors (subject to the terms of Section 7.06 above)contractors, Tenant shall, at Tenant’s sole expense: (i) repair all damage to the Premises, the interior and exterior of the Building and the Common Area Areas 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 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 Building, (v) remove or cause to be removed from the Premises all debris and rubbish, such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and (vi) remove or cause to be removed from the paved surfaces of the Common Area and, where necessary, replace or resurface samePremises all debris and rubbish. Upon the expiration or earlier termination of this Lease, Landlord may reenter the Premises and remove all persons and property therefrom. If Tenant shall fail to surrender to Landlord the Premises, the Building and the Common Area Areas in the condition required by this Section 17.09(a) at the expiration or earlier termination of this Lease, then Landlord, at Tenant’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 costs incurred by Landlord in returning the Premises, the Building and the Common Area Areas 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, costs of disposal, storage and insurance), together with interest at the Agreed Rate, within five thirty (530) Business Days days after receipt of an invoice therefor.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of this the Lease, Tenant Lessee shall remove all of TenantLessee’s wiringsigns (pursuant to Section 17.15) and, subject to the terms of the Removal Obligations Schedule and Section 6.03 of the Lease, shall remove all of Lessee’s equipment, trade fixtures, supplies, wall decorations, signage, advertisements, banners, placards, pictures decoration and other personal property from within the Premises, the Building 9 and the Common Area and shall vacate the Premisesvacate, deliver up and surrender to Landlord Lessor possession of the Premises and all improvements thereinthereon, subject to the terms of Section 17.21 of this Lease concerning Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from the Premises by Lessee or any of Lessee’s agents, employees or contractors (collectively, “Lessee HazMat Operations”) and released of all clearances required by any governmental authorities with respect to Lessee HazMat Operations, broom clean and and, in as good order and condition as when possession was taken by Tenantcondition, excepting only normal ordinary wear and tear (wear and tear which could have been avoided by best maintenance practices customarily used at the Project) and damage due to casualty not caused by Lessee or Lessee’s agents, employees or contractors. Except for such ordinary wear and tear and damage due to casualty not caused by Tenant or TenantLessee’s agents, employees or contractors (subject to collectively, the terms of Section 7.06 above). Except for such normal wear and tear and damage due to casualty not caused by Tenant or Tenant“Lessee’s agents, employees or contractors (subject to the terms of Section 7.06 aboveParties”), Tenant shall: Lessee shall (i) repair all damage to the Premises, the interior and exterior of the Building 9 and the Common Area caused by TenantLessee’s removal of its property; , (ii) patch and refinish, to LandlordLessor’s reasonable satisfaction, all penetrations made by Tenant Lessee or any Tenant Parties its agents, contactors, employees or invitees to the roof, floor, interior or exterior walls or ceiling of the Premises and the BuildingBuilding 9, whether or not such penetrations were made with LandlordLessor’s approval; approval or not, to the extent that the equipment requiring such penetration is removed at the expiration or earlier termination of the Lease, (iii) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings (unless such staining or damage was caused by the actions of Lessor or the tenant of a leased space above the Premises) to the reasonable satisfaction of Landlord; and Lessor, (iv) repair all damage caused by Tenant Lessee to the exterior surface of the Building and to the paved surfaces of the Common Area 9 and, where necessary, replace or resurface same. Upon the expiration or earlier sooner termination of this Lease, Landlord Lessor may reenter the Premises and remove all persons and property therefrom. If Tenant Lessee shall fail to surrender to Landlord Lessor the Premises, the Building 9 and the Common Area in the condition required by this Section paragraph at the expiration or earlier termination or, if sooner terminated, within ten (10) days after sooner termination, of this Lease, then LandlordLessor may, at TenantLessee’s expense, may remove TenantLessee’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at TenantLessee’s expense, independent contractors to perform such work. Tenant Lessee shall be liable to Landlord Lessor for all reasonable costs incurred by Landlord Lessor in returning the Premises, the Building 9 and the Common Area to the required condition, together with interest thereon at the Agreed Rate from the date incurred by Landlord Lessor until paid. Tenant Lessee shall pay to Landlord Lessor the amount of all costs so incurred (including, without limitation, costs of disposal, storage and insurance), ) together with interest at the Agreed Rate, Rate within five (5) Business Days after receipt business days from Lessor’s delivery of an invoice 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 occupant. Notwithstanding anything to the contrary contained in this Section 17.09, and subject to the terms of the Removal Obligations Schedule, Lessee shall only be required to remove those Alterations as Lessor shall have designated at the time Lessor gave its consent to such Alterations to the extent required pursuant to the terms of Section 6.03 hereof, or when consent was not required, in response to Lessee’s written request for such determination.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of this Lease, Tenant shall remove shall remove all of Tenant’s wiring, equipment, trade fixtures, supplies, wall decorations, signage, advertisements, banners, placards, pictures signage and other personal property from the Premises, the Building and the Common Area and shall vacate the Premises, and surrender to Landlord possession of the Premises and all improvements therein, broom clean and in as good order and condition as when possession was taken by Tenant, excepting only 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)contractors. Except for such 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)contractors, 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 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 earlier termination of this Lease, Landlord may reenter the Premises and remove all persons and property therefrom. If Tenant shall fail to surrender to Landlord the Premises, the Building and the Common Area in the condition required by this Section 17.09(a) at the expiration or earlier termination of this Lease, then Landlord, at Tenant’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 costs incurred by Landlord in 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, costs of disposal, storage and insurance), together with interest at the Agreed Rate, within five (5) Business Days business days after receipt of an invoice therefor.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of this Lease, Tenant shall remove all of Tenant’s wiring, signs (pursuant to Section 18.14) and shall remove all of Tenant’s equipment, trade fixtures, supplies, wall decorations, signage, advertisements, banners, placards, pictures decoration and other personal property from within the Premises, the Building Premises and the Common Area and shall vacate the Premisesvacate, deliver up and surrender to Landlord possession of the Premises and all improvements thereinimprovements, including Tenant Improvements, thereon broom clean and and, in as good order and condition as when possession was taken by Tenant, excepting only normal ordinary wear and tear (wear and tear which could have been avoided by commercially reasonable maintenance practices and in accordance with industry standards shall not be deemed “ordinary”) and casualty and condemnation damage due which Tenant is not responsible to casualty not caused by Tenant or Tenant’s agents, employees or contractors (subject to the terms of Section 7.06 above)repair. Except for such normal ordinary 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)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 any Tenant Parties its agents, contractors, employees or invitees to the roof, floor, interior or exterior walls or ceiling of the Premises and the Building, whether or not such penetrations were made with Landlord’s approval; approval or not, (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 Areas and, where necessary, replace or resurface same. Upon the expiration or earlier sooner termination of this Lease, Landlord may reenter the Premises and remove all persons and property therefrom. If Tenant shall fail to surrender to Landlord the Premises, the Building and the Common Area in the condition required by this Section paragraph at the expiration or earlier termination or, if sooner terminated, within thirty (30) days after sooner termination, of this Lease, then LandlordLandlord may, at Tenant’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 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, costs of disposal, storage and insurance), ) together with interest at the Agreed RateRate 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, within five (5) Business Days after receipt Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, actual damages for lost rent and with respect to any claims of an invoice therefora successor occupant.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of this Lease, Tenant shall remove all of Tenant’s wiring, equipment, trade fixtures, supplies, wall decorations, signage, advertisements, banners, placards, pictures signage and other personal property from the Premises, the Building and the Common Area and shall vacate the Premises, and surrender to Landlord possession of the Premises and all improvements therein, broom clean and in substantially as good order and condition as when possession was taken by the Tenant’s Work is complete, excepting only normal wear and tear and tear, damage due to casualty not caused by Tenant or Tenant’s agents, employees or contractors (subject to the terms of Section 7.06 above)contractors, condemnation and Landlord’s obligations hereunder. Except for such normal wear and tear and tear, damage due to casualty not caused by Tenant or Tenant’s agents, employees or contractors (subject to the terms of Section 7.06 above)contractors, condemnation and 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 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 sameBuilding. Upon the expiration or earlier termination of this Lease, Landlord may reenter the Premises and remove all persons and property therefrom. If Tenant shall fail to surrender to Landlord the Premises, the Building and the Common Area in the condition required by this Section 17.09(a) at the expiration or earlier termination of this Lease, then Landlord, at Tenant’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 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, costs of disposal, storage and insurance), together with interest at the Agreed Rate, within five thirty (530) Business Days days after receipt of an invoice therefor.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of this Lease, Tenant shall remove all of Tenant’s wiring, equipment, trade fixtures, supplies, wall decorations, signage, advertisements, banners, placards, pictures signage and other personal property from the Premises, the Building and the Common Area and shall vacate the Premises, and surrender to Landlord possession of the Premises and all improvements therein, broom clean and in as good order and condition as when possession was taken by Tenant, excepting only 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)eminent domain. Except for such 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)eminent domain, 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 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 earlier termination of this Lease, Landlord may reenter the Premises and remove all persons and property therefromtherefrom in accordance with all legal due process requirements. If Tenant shall fail to surrender to Landlord the Premises, the Building and the Common Area in the condition required by this Section 17.09(a) at the expiration or earlier termination of this Lease, then Landlord, at Tenant’s expense, may may, after Tenant has surrendered possession of the Premises 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 costs incurred by Landlord in 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, costs of disposal, storage and insurance), together with interest at the Agreed Rate, within five thirty (530) Business Days days after receipt of an invoice therefor.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of this Lease, Tenant shall remove all of Tenant’s wiring, equipment, trade fixtures, supplies, wall decorations, signage, advertisements, banners, placards, pictures signage and other personal property from the Premises, the Building and the Common Area and shall vacate the Premises, and surrender to Landlord possession of the Premises and all improvements therein, broom clean and in substantially as good order and condition as when possession was taken by the Tenant’s Work is complete, excepting only normal wear and tear and tear, damage due to casualty not caused by Tenant or Tenant’s agents, employees or contractors (subject to the terms of Section 7.06 above)contractors, condemnation and Landlord’s obligations hereunder. Except for such normal wear and tear and tear, damage due to casualty not caused by Tenant or Tenant’s agents, employees or contractors (subject to the terms of Section 7.06 above)contractors, condemnation and 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 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 sameBuilding. Upon the expiration or earlier termination of this Lease, Landlord may reenter the Premises and remove all persons and property therefrom. If Tenant shall fail to surrender to Landlord the Premises, the Building and the Common Area in the condition required by this Section 17.09(a) at the expiration or earlier termination of this Lease, then Landlord, at Tenant’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 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, costs of disposal, storage and insurance), together with interest at the Agreed Rate, within five thirty (530) Business Days days after receipt of an invoice therefor.. (b) If Tenant, without Landlord’s prior written consent, remains in possession of the Premises after the expiration of the Lease Term, then such occupancy shall be 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 higher of (i) Base Rent in effect immediately prior to such expiration or (ii) the Fair Market Rent for the Premises at such time. 46 Section 17.10 Cumulative Remedies No remedy or election hereunder by Landlord shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. Section 17.11 Covenants and Conditions Each provision of this Lease to be observed or performed by Tenant shall be deemed both a covenant and a condition. Section 17.12

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of this the Lease, Tenant Lessee shall remove all of TenantLessee’s wiring, signs (pursuant to Section 17.15) and shall remove all of Lessee’s equipment, trade fixtures, supplies, wall decorations, signage, advertisements, banners, placards, pictures decoration and other personal property from within the Premises, the Building and the Common Area and shall vacate the Premisesvacate, deliver up and surrender to Landlord Lessor possession of the Premises and all improvements therein, thereon broom clean and and, in as good order and condition as when possession was taken by TenantLessee, excepting only normal ordinary wear and tear (wear and damage due to casualty tear which could have been avoided by first class maintenance practices and in accordance with industry standards shall not caused by Tenant or Tenant’s agents, employees or contractors (subject to the terms of Section 7.06 abovebe deemed “ordinary”). Except for such normal ordinary wear and tear and damage due to casualty not caused by Tenant or Tenant’s agentstear, employees or contractors (subject to the terms of Section 7.06 above), Tenant Lessee shall: (i) repair all damage to the Premises, the interior and exterior of the Building and the Common Area caused by TenantLessee’s removal of its property; , (ii) patch and refinish, to LandlordLessor’s reasonable satisfaction, all penetrations made by Tenant Lessee or any Tenant Parties its agents, contractors, employees or invitees to the roof, floor, interior or exterior walls or ceiling of the Premises and the Building, whether or not such penetrations were made with LandlordLessor’s approval; approval or not, (iii) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord; and Lessor, (iv) repair all damage caused by Tenant Lessee to the exterior surface of the Building and to the paved surfaces of the Common Area Areas and, where necessary, replace or resurface same. Upon the expiration or earlier sooner termination of this Lease, Landlord Lessor may reenter the Premises and remove all persons and property therefrom. If Tenant Lessee shall fail to surrender to Landlord Lessor the Premises, the Building and the Common Area in the condition required by this Section paragraph at the expiration or earlier termination or, if sooner terminated, within ten (10) days after sooner termination, of this Lease, then LandlordLessor may, at TenantLessee’s expense, may remove TenantLessee’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at TenantLessee’s expense, independent contractors to perform such work. Tenant Lessee shall be liable to Landlord Lessor for all costs incurred by Landlord Lessor in 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 Lessor until paid. Tenant Lessee shall pay to Landlord Lessor the amount of all costs so incurred (including, without limitation, costs of disposal, storage and insurance), ) together with interest at the Agreed Rate, Rate within five (5) Business Days after receipt 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 occupant (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 invoice thereforagreement 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.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of this Lease, Tenant shall remove shall remove all of Tenant’s wiring, equipment, trade fixtures, supplies, wall decorations, signage, advertisements, banners, placards, pictures film or other protective coatings added to 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 Landlord possession of the Premises and all improvements therein, broom clean and in as good order and condition as when possession was taken by Tenant, excepting only normal wear and tear and damage due to casualty not caused by Tenant or Tenant’s agents, employees or contractors (subject contractors, and deliver to Landlord copies of all service contracts and maintenance records kept by Tenant with respect to the terms 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 7.06 above3.3 of the Work Letter Agreement attached hereto as Exhibit C). Except for such 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)contractors, 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 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 earlier termination of this Lease, Landlord may reenter the Premises and remove all persons and property therefrom. If Tenant shall fail to surrender to Landlord the Premises, the Building and the Common Area in the condition required by this Section 17.09(a) at the expiration or earlier termination of this Lease, then Landlord, at Tenant’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 costs incurred by Landlord in 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, costs of disposal, storage and insurance), together with interest at the Agreed Rate, within five (5) Business Days business days after receipt of an invoice therefor.

Surrender of Possession; Holding Over. (a) At the expiration or earlier termination of this the Lease, Tenant Lessee shall remove all of TenantLessee’s wiringsigns (pursuant to Section 17.15) and, subject to the terms of the Removable Alterations Schedule and Section 6.03 of the Lease, shall remove all of Lessee’s equipment, trade fixtures, supplies, wall decorations, signage, advertisements, banners, placards, pictures decoration and other personal property from within the Premises, the Building 8 and the Common Area and shall vacate the Premisesvacate, deliver up and surrender to Landlord Lessor possession of the Premises and all improvements thereinthereon, subject to the terms of Section 17.21 of this Lease concerning Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from the Premises by Lessee or any of Lessee’s agents, employees or contractors (collectively, “Lessee HazMat Operations”) and released of all clearances required by any governmental authorities with respect to Lessee HazMat Operations, broom clean and and, in as good order and condition as when possession was taken by Tenantcondition, excepting only normal ordinary wear and tear (wear and tear which could have been avoided by best maintenance practices customarily used at the Project) and damage due to casualty not caused by Lessee or Lessee’s agents, employees or contractors. Except for such ordinary wear and tear and damage due to casualty not caused by Tenant or TenantLessee’s agents, employees or contractors (subject to collectively, the terms of Section 7.06 above). Except for such normal wear and tear and damage due to casualty not caused by Tenant or Tenant“Lessee’s agents, employees or contractors (subject to the terms of Section 7.06 aboveParties”), Tenant shall: Lessee shall (i) repair all damage to the Premises, the interior and exterior of the Building 8 and the Common Area caused by TenantLessee’s removal of its property; , (ii) patch and refinish, to LandlordLessor’s reasonable satisfaction, all penetrations made by Tenant Lessee or any Tenant Parties its agents, contactors, employees or invitees to the roof, floor, interior or exterior walls or ceiling of the Premises and the BuildingBuilding 8, whether or not such penetrations were made with LandlordLessor’s approval; approval or not, to the extent that the equipment requiring such penetration is removed at the expiration or earlier termination of the Lease, (iii) repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings (unless such staining or damage was caused by the actions of Lessor or the tenant of a leased space above the Premises) to the reasonable satisfaction of Landlord; and Lessor, (iv) repair all damage caused by Tenant Lessee to the exterior surface of the Building and to the paved surfaces of the Common Area 8 and, where necessary, replace or resurface same. Upon the expiration or earlier sooner termination of this Lease, Landlord Lessor may reenter the Premises and remove all persons and property therefrom. If Tenant Lessee shall fail to surrender to Landlord Lessor the Premises, the Building 8 and the Common Area in the condition required by this Section paragraph at the expiration or earlier termination or, if sooner terminated, within ten (10) days after sooner termination, of this Lease, then LandlordLessor may, at TenantLessee’s expense, may remove TenantLessee’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at TenantLessee’s expense, independent contractors to perform such work. Tenant Lessee shall be liable to Landlord Lessor for all reasonable costs incurred by Landlord Lessor in returning the Premises, the Building 8 and the Common Area to the required condition, together with interest thereon at the Agreed Rate from the date incurred by Landlord Lessor until paid. Tenant Lessee shall pay to Landlord Lessor the amount of all costs so incurred (including, without limitation, costs of disposal, storage and insurance), ) together with interest at the Agreed Rate, Rate within five (5) Business Days after receipt business days from Lessor’s delivery of an invoice 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 occupant.