Common use of Surrender of Premises and Holding Over Clause in Contracts

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of On the Premises on the last day of the Term and the Tenant waives the right to any notice of termination Expiration Date or notice to quit. The Tenant covenants that upon the expiration or sooner earlier termination of this Lease, it shall, without notice, deliver up and Tenant shall (i) surrender possession of to Landlord the Premises in good and clean condition (normal wear and tear excepted), along with all keys to the same condition in which Premises and Project (including any keys to any exterior or interior doors), (ii) remove all of Tenant’s Personal Property and perform all repairs and restoration required by the Tenant has agreed removal of any Alterations (to keep the same during extent required under this Lease) or Tenant’s Personal Property, (iii) take all action, and pay all costs, necessary to provide Landlord with an environmental site assessment effective as of the continuance of this Lease Expiration Date, front a reputable, licensed environmental engineering company reasonably acceptable to Landlord and conducted and reported in accordance with the terms hereof, normal wear attached Exhibit G (the “Exit Assessment”) establishing that the Premises and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects Common Area are free of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2Hazardous Materials, and repairing (iv) “close out” all damage caused operating permits, including any hazardous material and radioactive permits to the extent required by such removalor appropriate under applicable law. Upon Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the expiration Project on the Expiration Date or earlier termination of this Lease or if the Premises should be abandoned as required by the Tenant, or this Lease should terminate for any cause, and at the time of by giving written notice to Tenant. Any such expiration, vacation, abandonment or termination, the Tenant Alterations or Tenant’s agents, subtenants Personal Property that Landlord elects to retain or dispose of will vest in Landlord immediately on notice to Tenant. Tenant waives all claims against Landlord for any other person should leave any property damage to Tenant resulting front Landlord’s retention or disposition of any kind such Alterations or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property’s Personal Property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way is liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition Landlord’s costs for storing, removing or disposing of any such propertyAlterations or Tenant’s Personal Property. If the for any reason Tenant fails to surrender possession of the Premises upon Project to Landlord on the expiration Expiration Date or sooner earlier termination of this Lease, the Tenant shall pay to indemnify Landlord against all actions, liabilities, damages, losses, costs, expenses, attorneys’ fees and claims resulting from such failure, including any claim for damages made by a succeeding tenant. If Tenant, with Landlord’s consent, as rent for any period remains in possession of the Premises after the expiration Expiration Date or sooner earlier termination of this Lease an amount equal Lease, such possession by Tenant shall be deemed to one hundred fifty be a month-to-month tenancy terminable on 30-days’ written notice given at any time by Landlord or Tenant. During any such month-to-month tenancy, Tenant shall pay, as Basic Monthly Rent, 125 percent (150%) of the Annual Fixed Basic Monthly Rent in effect immediately before the Expiration Date or earlier termination of this Lease, as the case may be, unless Landlord and the Additional Rent required to be paid under Tenant mutually agree otherwise in writing. All provisions of this Lease as applied other than those pertaining to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of Term apply to such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of remonth-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawto-month tenancy.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quitquit at the end of the Term. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises after having vacated the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Upon expiration or other termination of this Lease, Tenant shall immediately surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises Landlord in substantially the same condition in which existing as on the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereofCommencement Date, normal reasonable wear and tear and tear, damage by fire or other insured casualty exceptedexcepted (provided that all insurance proceeds are assigned to Landlord), first removing therefrom shall surrender to Landlord all goods keys for the Premises and effects shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Tenant and Premises. Should Tenant, or any leasehold improvements Landlord specified for removal pursuant to Section 4.2of its successors in interest, and repairing all damage caused by such removal. Upon hold over the Premises or any part thereof after the expiration or earlier termination of this Lease or if without Landlord's prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two (2) times the Premises should be abandoned by Base Rent owed during the final, full calendar month of the Term of this Lease and otherwise upon the terms and conditions in this Lease, so far as applicable. Should Tenant, or this Lease should terminate for any causeof its successors in interest, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in hold over the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon after the expiration or sooner earlier termination of this Lease with Landlord's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two (2) times the Base Rent owed during the final month of the Term of this Lease and otherwise upon the terms and conditions of this Lease, the Tenant shall pay to Landlord, so far as rent for any period applicable. The acceptance by Landlord of Rent after the such expiration or sooner early termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights this Lease or be deemed Landlord's consent to any holding over. The foregoing provisions of occupancy. Such payments shall be this Section are in addition to and shall do not affect or limit the Landlord’s 's right of re-entry, Landlord’s right to collect such damages as may be available at law, entry or any other rights of the Landlord under this Lease hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from and against all loss and liability, including without limitation, any damages suffered by Landlord due to Landlord's inability to make the Premises available for occupancy by another party or any claim made by any succeeding tenant, resulting from such failure to surrender by Tenant and any legal fees and costs incurred by Landlord with respect to any such claim.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quitquit at the end of the Term. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises broom clean and in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects personal property of the Tenant and any leasehold improvements Landlord specified for removal alterations or additions required to be removed pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises after having vacated the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the then Tenant shall be deemed a tenant at sufferance only and Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possessionLease, together with all Additional Rent required under this Lease. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-re entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects effect of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s 's agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal dispose of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s 's rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s 's right of re-entry, Landlord’s 's right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of On the Premises on the last day of the Term and the Tenant waives the right to any notice of termination Expiration Date or notice to quit. The Tenant covenants that upon the expiration or sooner -------------------------------------- earlier termination of this Lease, it shall, without notice, deliver up and (i) Tenant shall surrender possession of to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated or elects to remove as expressly set forth above) in the same condition in which the received by Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereofupon delivery by Landlord, normal ordinary wear and tear and damage due to casualty not caused by fire Tenant or other casualty condemnation excepted, first removing therefrom (ii) Tenant shall remove all goods of Tenant's Personal Property and effects perform all repairs and restoration required by the removal of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2Alterations or Tenant's Personal Property, and repairing (iii) Tenant shall surrender to Landlord all damage caused by such removalkeys to the Premises (including without limitation any keys to any exterior or interior doors). Upon Landlord may elect to retain or dispose of in any manner any Alterations or Tenant's Personal Property that Tenant does not remove from the expiration Premises on the Expiration Date or earlier termination of this Lease as required by this Lease by giving written notice to Tenant. Any such Alterations or if the Premises should Tenant's Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Alterations or Tenant's Personal Property. Tenant shall be abandoned by the Tenantliable to Landlord for Landlord's costs for storing, removing, or this Lease should terminate for disposing of any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant Alterations or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property's Personal Property. If the Tenant fails to surrender the Premises to Landlord on the Expiration Date or earlier termination of this Lease in the condition required by this Paragraph, Tenant shall indemnify Landlord against all liabilities, damages, losses, costs, expenses, attorneys' fees and claims resulting from such failure, including without limitation any claim for damages made by a succeeding tenant. If Tenant, with Landlord's consent, remains in possession of the Premises upon after the expiration Expiration Date or sooner earlier termination of this Lease, the such possession by Tenant shall pay be deemed to Landlordbe a month-to-month tenancy terminable on 30-days' written notice given at any time by Landlord or Tenant. During any such month-to-month tenancy, Tenant shall pay, as rent for any period after Basic Monthly Rent, 125 percent of the expiration Basic Monthly Rent in effect immediately prior to the Expiration Date or sooner earlier termination of this Lease an amount equal to one hundred fifty percent (150%) Lease, as the case may be. All provisions of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied except for those pertaining to any period in which the Tenant Term shall remain in possession. Acceptance by the Landlord of apply to such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of remonth-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawto-month tenancy.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quitquit at the end of the Term. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises broom clean and in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects personal property of the Tenant and any leasehold improvements Landlord specified for removal alterations or additions required to be removed pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises after having vacated the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the then Tenant shall be deemed a tenant at sufferance only and Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to the higher of one two hundred fifty percent (150200%) of (x) the Annual Fixed Rent and the Additional Rent required to be paid under this Lease or (v) the then fair market rate for the Premises as applied to any period in which the Tenant shall remain in possession, in each case together with all Additional Rent required under this Lease, and Tenant shall be liable to Landlord for all damages arising from such failure to surrender and vacate the Premises, including damages arising from the loss of a replacement lease transaction. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-re entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of On the Premises on the last day of the Term and the Tenant waives the right to any notice of termination Expiration Date or notice to quit. The Tenant covenants that upon the expiration or sooner earlier termination of this Lease, it shall, without notice, deliver up and Tenant shall (i) surrender possession of to Landlord the Premises in good and clean condition, along with all keys to the same condition Premises and Project (including any keys to any exterior or interior doors), (ii) remove all of Tenant's Personal Property and perform all repairs and restoration required by the removal of any Alterations (to the extent required under this Lease) or Tenant's Personal Property (and remove Tenant’s signage in which accordance with this Lease); and (iii) “close out” all operating permits, including any hazardous material and radioactive permits, if any. Landlord may elect to retain or dispose of in any manner any Alterations or Tenant's Personal Property that Tenant does not remove from the Tenant has agreed to keep Project on the same during the continuance Expiration Date or earlier termination of this Lease and in accordance with the terms hereof, normal wear and tear and damage as required by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease by giving written notice to Tenant. Any such Alterations or if the Premises should be abandoned by the Tenant, 's Personal Property that Landlord elects to retain or this Lease should terminate dispose of will vest in Landlord immediately on notice to Tenant. Tenant waives all claims against Landlord for any cause, and at the time damage to Tenant resulting from Landlord's retention or disposition of any such expiration, vacation, abandonment or termination, the Tenant Alterations or Tenant’s agents's Personal Property. Tenant is liable to Landlord for Landlord's costs for storing, subtenants removing or any other person should leave any property disposing of any kind such Alterations or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property's Personal Property. If the for any reason Tenant fails to surrender possession of the Premises upon Project to Landlord on the expiration Expiration Date or sooner earlier termination of this Lease, the Tenant shall pay to Landlordindemnify Landlord against all actions, as rent liabilities, damages, losses, costs, expenses, attorneys' fees and claims resulting from such failure, including any claim for any period damages made by a succeeding tenant. If Tenant remains in possession of the Premises after the expiration Expiration Date or sooner earlier termination of this Lease an amount equal Lease, Basic Monthly Rent will automatically increase to one hundred fifty percent (150%) % of the Annual Fixed Basic Monthly Rent and in effect immediately before the Additional Rent required to be paid under Expiration Date or earlier termination of this Lease Lease, as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as case may be available at law, or any other rights of the Landlord under this Lease or as provided by lawbe.

Surrender of Premises and Holding Over. The On expiration of the term, Tenant shall surrender to Landlord the premises and all Tenant's improvements and alterations in good condition (ordinary wear and tear excepted), except for alterations that Tenant is obligated or permitted to remove pursuant to an agreement between Landlord and Tenant. Tenant shall perform all restoration made necessary by the removal of any alterations prior to the expiration of the term. If Tenant, with Landlord's consent, remains in possession of the Premises on the last day premises after expiration of the Term and term, or after the Tenant waives the right to date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on thirty (30) days, notice given at any time by either party. During any such month-to-month tenancy, Tenant shall pay all rent required by this Lease, and all provisions of termination or notice this Lease except those pertaining to quitterm and rent shall apply to the month-to-month tenancy. The If Tenant covenants that upon shall remain in possession of the expiration or sooner premises after the termination of this Lease, it shallwhether by expiration of the Lease term or otherwise, without noticeany written agreement to such possession, deliver up then Tenant shall be deemed a month-to-month tenant and surrender rent rate during such holdover tenancy shall be equivalent to 1.5 times the monthly rent paid for the last month of tenancy under this Lease. No holding over by Tenant shall operate to renew or extend this Lease without the written consent of Landlord to such renewal or extension having been first obtained. Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in surrendering possession of the Premises in the same condition in which the Tenant has agreed premises, including, without limitation, any claims made with regard to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused succeeding occupancy bounded by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawperiod.

Surrender of Premises and Holding Over. The At the expiration of the term, Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereofgood condition, normal reasonable wear and tear and damage by fire or other casualty excepted, first removing therefrom and Tenant shall surrender all goods and effects of the Tenant and any leasehold improvements Landlord specified keys for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and to Landlord at the time place then fixed for the payment of such expirationRent and shall inform Landlord of all combinations on locks, vacationsafes and vaults, abandonment or terminationif any, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises. Tenant shall remove all its trade fixtures and any alterations or improvements, subject to the fact provisions of such leaving of property on or in the Premises shall be conclusive evidence of intent by the TenantSection 6.1, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon before surrendering the Premises, and such leaving shall constitute abandonment repair, at its own expense, any damage to the Premises caused thereby. Tenant’s obligations to observe or perform this covenant shall survive the expiration or other termination of the propertyterm of this Lease. Landlord shall have In the right and authority without notice to the event Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being remains in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon after the expiration of the tenancy created hereunder, whether or sooner termination not with the consent or acquiescence of Landlord, and without the execution of a new lease, Tenant, at the option of Landlord, shall be deemed to be occupying the Premises as a tenant at will on a week-to-week tenancy shall be payable weekly at 150% of the Fixed Minimum Rent, and 150% of all other charges due hereunder, and it shall be subject to all the other terms, conditions, covenants, provisions and obligations of this Lease, the Tenant and no extension or renewal of this Lease shall pay be deemed to Landlord, as rent for any period after have occurred by such holding over. Tenant’s obligations to observe or perform this covenant shall survive the expiration or sooner other termination of the term of this Lease. Section 11.6 Estoppel Certificates Landlord and Tenant agree to provide one another at any time, within ten (10) days of receipt of a written request, a statement certifying that this Lease an amount equal is unmodified and in full force and effect or, if there have been modifications, that same are in full force and effect as modified and stating the modifications, and the dates to one hundred fifty percent (150%) which the Fixed Minimum Rent and other charges have been paid in advance, if any. It is intended that any prospective purchaser or mortgagee of the Annual Fixed Rent and the Additional Rent required Premises may rely upon any such statement delivered pursuant to be paid under this Lease as applied to any period in which the Tenant shall remain in possessionparagraph. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.Section 11.7

Surrender of Premises and Holding Over. The At the expiration of the tenancy, Tenant shall surrender the Premises in good condition, reasonable wear and tear excepted, and damage by condemnation or unavoidable casualty and Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall remove all its trade fixtures and any alterations or improvements, subject to the provisions of Section VI.5, before surrendering the Premises, and shall repair, at its own expense, any damage to the Premises caused thereby. Tenant's obligations to observe or perform this covenant shall survive the expiration or other termination of the Lease Term. In the event Tenant remains in possession of the Premises on after the last day expiration of the Term tenancy created hereunder, whether or not with the consent or acquiescence of Landlord, and without the Tenant waives execution of a new lease, Tenant, at the right option of Landlord, shall be deemed to any notice of termination be occupying the Premises as a tenant at will on a week-to-week tenancy and in no event on a month-to-month or notice to quiton a year-to-year tenancy. The Tenant covenants that upon rent during this week-to-week tenancy shall be payable weekly at twice the expiration or sooner termination Fixed Minimum Rent, and twice all other charges due hereunder, and it shall be subject to all the other terms, conditions, covenants, provisions and obligations of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance no extension or renewal of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant shall be deemed to Section 4.2, and repairing all damage caused have occurred by such removalholding over. Upon the expiration of Tenant's obligations to observe or perform this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises covenant shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon survive the expiration or sooner other termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawTerm.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of On the Premises on the last day of the Term and the Tenant waives the right to any notice of termination Expiration Date or notice to quit. The Tenant covenants that upon the expiration or sooner earlier termination of this Lease, it shall(a) Tenant shall surrender to Landlord the Premises and all Alterations in Good Condition except for reasonable wear and tear to the carpets and except for Alterations that Tenant is obligated to remove as expressly set forth below, (b) Tenant shall remove all of Tenant's Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant's Personal Property, and (c) Tenant shall surrender to Landlord all keys to the Premises (including without noticelimitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant's Personal Property that Tenant does not remove from the Premises on the Expiration Date or earlier termination of this Lease as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant's Personal Property that Landlord elects to retain or dispose of shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Alterations or Tenant's Personal Property. Tenant shall be liable to Landlord for Landlord's costs for storing, deliver up and surrender removing or disposing of any such Alterations or Tenant's Personal Property. If Tenant, with Landlord's consent, remains in possession of the Premises in after the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire Expiration Date or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner earlier termination of this Lease, the such possession by Tenant shall pay be deemed to Landlordbe a month-to-month tenancy terminable on 30-days written notice given at any time by Landlord or Tenant. During any such month-to-month tenancy, Tenant shall pay, as rent for any period after minimum monthly rent, 110 percent of the expiration Adjusted Minimum Monthly Rent in effect immediately prior to the Expiration Date or sooner earlier termination of this Lease an amount equal to one hundred fifty percent (150%) Lease, as the case may be. All provisions of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied except for those pertaining to any period in which the Tenant Term shall remain in possession. Acceptance by the Landlord of apply to such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of remonth-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawto-month tenancy.

Surrender of Premises and Holding Over. The On the Expiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, less any normal wear and tear or casualty, free of trash and debris; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to a condition where the prior existence of such signage is not readily visible from street level; all sign circuits, electrical circuits, and lighting fixtures for which Tenant is responsible under Section 10.1 shall be in good operating condition; all roof penetrations made by or on behalf of Tenant shall be in a watertight condition; and all doors, windows, locks, and hardware for which Tenant is responsible under Section 10.1 shall be in operable condition upon the termination of this Lease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant’s Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant’s Personal Property (except that Tenant shall not be required to repaint the Premises or patch immaterial wall or floor penetrations), and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations which Tenant is required to remove hereunder but fails to so remove or Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving 10 days’ prior written notice to Tenant. Any such Alterations or Tenant’s Personal Property which Tenant is required to remove but fails to do so shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s Personal Property. Tenant will be liable to Landlord for Landlord’s costs for storing, removing (including related restoration work), or disposing of any such Alterations which Tenant is required to remove hereunder but fails to so remove or Tenant’s Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Paragraph, Tenant shall indemnify, defend, and hold Landlord harmless from and against all liabilities, damages, losses, costs, expenses, attorneys’ fees (to the extent adjudged reasonable by a court of competent jurisdiction), and claims resulting from such failure, including without limitation any claim for damages made by a succeeding tenant. If Tenant, with Landlord’s consent, remains in possession of the Premises after the Expiration Date, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on the last day of the Term and the Tenant waives the right to 30 days’ written notice given at any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage time by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents. During any such month-to-month tenancy, subtenants or any other person should leave any property of any kind or character on or in the Premisesholdover tenancy which is without Landlord’s consent, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlordpay, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty Basic Monthly Rent, 150 percent (150%) of the Annual Fixed Basic Monthly Rent in effect immediately prior to the Expiration Date; which rental amount Tenant acknowledges is fair and reasonable under all of the Additional Rent required to be paid under facts and circumstances existing as of the date of this Lease. All provisions of this Lease as applied except for those pertaining to Term shall apply to any such tenancy. Landlord shall, within ten days following written query, advise Tenant whether the Premises have been rented by Landlord for the period in which following the Tenant shall remain in possession. Acceptance by the Lease Expiration Date, and once such query has been made, then (provided Tenant’s query notified Landlord of such payments shall not constitute the following continuing obligation) Landlord shall, for a consent to a holdover hereunder or result in a renewal or extension period of six months thereafter, notify Tenant of any subsequent lease entered into by Landlord for the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawPremises.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal reasonable wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal items required to be removed pursuant to Section 4.24.2 of this Lease (with Landlord and Tenant reasonably agreeing upon any such removal plan for any Acquired Assets or other property or equipment which are attached to the Premises), and Tenant repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one two hundred fifty percent (150200%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant On the Expiration Date or earlier termination of this Sublease, (i) Subtenant shall surrender to Sublessor the Premises and all Alterations (except for Alterations that Subtenant is obligated to remove as expressly set forth above) in good condition, ordinary wear and tear, damage by casualty or condemnation and defects excepted, (ii) Subtenant shall remove all of Subtenant’s Personal Property and perform all repairs and restoration required by the removal of any Alterations or Subtenant’s Personal Property, and (iii) Subtenant shall surrender to Sublessor all keys to the Premises (including without limitation any keys to any exterior or interior doors). Sublessor may elect to retain or dispose of in any manner any Alterations or Subtenant’s Personal Property that Subtenant does not remove from the Premises on the Expiration Date or earlier termination of this Sublease as required by this Sublease by giving written notice to Subtenant. Any such Alterations or Subtenant’s Personal Property that Sublessor elects to retain or dispose of shall immediately upon notice to Subtenant vest in Sublessor. Subtenant waives all claims against Sublessor for any damage to Subtenant resulting from Sublessor’s retention or disposition of any such Alterations or Subtenant’s Personal Property. Subtenant shall be liable to Sublessor for Sublessor’s reasonable costs for storing, removing or disposing of any such Alterations or Subtenant’s Personal Property. Subtenant waives all claims against Sublessor for any damage to Subtenant resulting from Sublessor’s retention or disposition of any such Alterations or Subtenant’s Personal Property. If Subtenant fails to surrender the Premises to Sublessor on the Expiration Date or earlier termination of this Sublease, without Sublessor’s consent, which consent shall not be unreasonably withheld or delayed, Subtenant shall indemnify Sublessor against all reasonable liabilities, damages, losses, costs, expenses, attorneys’ fees and claims resulting from such failure, including without limitation any claim for damages made by a succeeding tenant. If Subtenant, with Sublessor’s consent, remains in possession of the Premises on after the last day of the Term and the Tenant waives the right to any notice of termination Expiration Date or notice to quit. The Tenant covenants that upon the expiration or sooner earlier termination of this LeaseSublease, it shall, without notice, deliver up and surrender such possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises Subtenant shall be conclusive evidence of intent deemed to be a month-to-month tenancy terminable on 30-days’ written notice given at any time by the TenantSublessor or Subtenant. During any such month-to-month tenancy, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving Subtenant shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlordpay, as rent for any period after the expiration or sooner termination of this Lease an amount equal to Basic Monthly Rent, one hundred fifty percent (150%) of the Annual Fixed Basic Monthly Rent and in effect immediately prior to the Additional Rent required Expiration Date or earlier termination of this Sublease, as the case may be. All other provisions of this Sublease, except for those pertaining to be paid under this Lease as applied the Term, shall apply to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of remonth-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawto-month tenancy.

Surrender of Premises and Holding Over. The Upon expiration or other termination of this Lease, Tenant shall immediately surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises Landlord in substantially the same condition in which existing as on the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereofCommencement Date, normal reasonable wear and tear and tear, damage by fire or other insured casualty exceptedexcepted (provided that all insurance proceeds are assigned to Landlord), first removing therefrom shall surrender to Landlord all goods keys for the Premises and effects shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Tenant and Premises. Should Tenant, or any leasehold improvements Landlord specified for removal pursuant to Section 4.2of its successors in interest, and repairing all damage caused by such removal. Upon hold over the Premises or any part thereof after the expiration or earlier termination of this Lease or if without Landlord's prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to one and one half (1.5) times the Premises should be abandoned by Base Rent owed during the final, full calendar month of the Term of this Lease and otherwise upon the terms and conditions in this Lease, so far as applicable. Should Tenant, or this Lease should terminate for any causeof its successors in interest, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in hold over the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon after the expiration or sooner earlier termination of this Lease with Landlord's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to one and one half (1.5) times the Base Rent owed during the final month of the Term of this Lease and otherwise upon the terms and conditions of this Lease, the Tenant shall pay to Landlord, so far as rent for any period applicable. The acceptance by Landlord of Rent after the such expiration or sooner early termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights this Lease or be deemed Landlord's consent to any holding over. The foregoing provisions of occupancy. Such payments shall be this Section are in addition to and shall do not affect or limit the Landlord’s 's right of re-entry, Landlord’s right to collect such damages as may be available at law, entry or any other rights of the Landlord under this Lease hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from and against all loss and liability, including without limitation, any damages suffered by Landlord due to Landlord's inability to make the Premises available for occupancy by another party or any claim made by any succeeding tenant, resulting from such failure to surrender by Tenant and any legal fees and costs incurred by Landlord with respect to any such claim.

Surrender of Premises and Holding Over. The At the expiration of the tenancy, Tenant shall surrender the Premises in good condition, reasonable wear and tear excepted, and damage by unavoidable casualty (except to the extent that the same is covered by Landlord's fire insurance policy with extended coverage endorsement), and Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall remove all its trade fixtures and any alterations or improvements, subject to the provisions of Section VI.5, before surrendering the Premises, and shall repair, at its own expense, any unreasonable damage to the Premises caused thereby. Tenant's obligations to observe or perform this covenant shall survive the expiration or other termination of the Lease Term. In the event Tenant remains in possession of the Premises on after the last day expiration of the Term tenancy created hereunder, whether or not with the consent or acquiescence of Landlord, and without the Tenant waives execution of a new lease, Tenant, at the right option of Landlord, shall be deemed to any notice of termination be occupying the Premises as a tenant at will on a week-to-week tenancy and in no event on a month-to-month or notice to quiton a year-to-year tenancy. The Tenant covenants that upon rent during this week-to-week tenancy shall be payable weekly for the expiration or sooner termination first four (4) weeks at 150% of the pro rated monthly Fixed Minimum Rent, and 150% of all other charges due hereunder, and thereafter at twice the pro-rated monthly Fixed Minimum Rent and twice all other charges due hereunder; and it shall be subject to all the other terms, conditions, covenants, provisions and obligations of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance no extension or renewal of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant shall be deemed to Section 4.2, and repairing all damage caused have occurred by such removalholding over. Upon the expiration of Tenant's obligations to observe or perform this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises covenant shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon survive the expiration or sooner other termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawTerm.

Surrender of Premises and Holding Over. The On the Expiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this Lease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant’s Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant’s Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s Personal Property. Tenant will be liable to Landlord for Landlord’s costs for storing, removing (including related restoration work), or disposing of any such Alterations or Tenant’s Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Paragraph, Tenant shall indemnify, defend, and hold Landlord harmless from and against all liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims resulting from such failure, including without limitation any claim for damages made by a succeeding tenant. If Tenant, with Landlord’s consent, remains in possession of the Premises after the Expiration Date, such possession by Tenant shall be deemed to be a month to month tenancy terminable on the last day of the Term and the Tenant waives the right to 30 days’ written notice given at any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage time by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or . During any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, month to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at lawmonth tenancy, or any other rights holdover tenancy which is without Landlord’s consent, Tenant shall pay, as Basic Monthly Rent, 150 percent of the Landlord Basic Monthly Rent in effect immediately prior to the Expiration Date; which rental amount Tenant acknowledges is fair and reasonable under all of the facts and circumstances existing as of the date of this Lease. All provisions of this Lease or as provided by lawexcept for those pertaining to Term shall apply to any such tenancy.

Surrender of Premises and Holding Over. The On the Expiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this Lease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant’s Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant’s Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s Personal Property. Tenant will be liable to Landlord for Landlord’s costs for storing, removing (including related restoration work), or disposing of any such Alterations or Tenant’s Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Paragraph, Tenant shall indemnify, defend, and hold Landlord harmless from and against all liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims resulting from such failure, including without limitation any claim for damages made by a succeeding tenant. If Tenant, with Landlord’s consent, remains in possession of the Premises after the Expiration Date, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on the last day of the Term and the Tenant waives the right to 30-days’ written notice given at any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage time by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or . During any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of remonth-entry, Landlord’s right to collect such damages as may be available at lawto-month tenancy, or any other rights holdover tenancy which is without Landlord’s consent, Tenant shall pay, as Basic Monthly Rent, 150 percent of the Landlord Basic Monthly Rent in effect immediately prior to the Expiration Date; which rental amount Tenant acknowledges is fair and reasonable under all of the facts and circumstances existing as of the date of this Lease. All provisions of this Lease or as provided by lawexcept for those pertaining to Term shall apply to any such tenancy.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal reasonable wear and tear and damage by fire or other casualty or as a consequence of the exercise of eminent domain excepted, first removing therefrom all goods and effects of the Tenant and and, to the extent required or permitted under Section 4.2, any leasehold improvements Landlord specified for removal pursuant to Section 4.2improvements, and repairing all damage caused by such removal. Upon the expiration of this Lease or Lease, or, if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expirationexpiration or abandonment, vacation, abandonment or termination, if the Tenant or the Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred and fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which of the Tenant shall remain in possessionexpiration or termination of the Term. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of On the Premises on the last day of the Term and the Tenant waives the right to any notice of termination Expiration Date or notice to quit. The Tenant covenants that upon the expiration or sooner earlier termination of this Lease, it shall, without notice, deliver up and Tenant shall (i) surrender possession of to Landlord the Premises in good and clean condition (subject to reasonable wear and tear), along with all keys to the same condition Premises (including any keys to any exterior or interior doors), and (ii) remove all of Tenant’s Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant’s Personal Property. Landlord may elect to retain or dispose of in which any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Tenant has agreed to keep Premises on the same during the continuance Expiration Date or earlier termination of this Lease and in accordance with (but only after Tenant has ceased regular operations of its business from the terms hereof, normal wear and tear and damage Premises) as required by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the giving written notice to Tenant, or this Lease should terminate for any cause, and at the time of . Any such expiration, vacation, abandonment or termination, the Tenant Alterations or Tenant’s agentsPersonal Property that Landlord elects to retain or dispose of will vest in Landlord immediately on notice to Tenant. If Tenant fails to remove its Alterations or Personal Property as required above, subtenants Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or any other person should leave any property disposition of any kind such Alterations or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, ’s Personal Property and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way is liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition Landlord’s costs for storing, removing or disposing of any such propertyAlterations or Tenant’s Personal Property. If the Tenant fails to surrender possession of the Premises upon to Landlord on the expiration Expiration Date or sooner earlier termination of this Lease, the Tenant shall pay to indemnify Landlord against all liabilities, damages, losses, costs, expenses, attorneys’ fees and claims resulting from such failure, including any claim for damages made by a succeeding tenant. If Tenant, with Landlord’s consent, as rent for any period remains in possession of the Premises after the expiration Expiration Date or sooner earlier termination of this Lease an amount equal Lease, such possession by Tenant shall be deemed to one hundred fifty be a month-to-month tenancy terminable on 30-days’ written notice given at any time by Landlord or Tenant. During any such month-to-month tenancy, Tenant shall pay, as Basic Monthly Rent, 125 percent (150%) of the Annual Fixed Basic Monthly Rent in effect immediately before the Expiration Date or earlier termination of this Lease, as the case may be, unless Landlord and the Additional Rent required to be paid under Tenant mutually agree otherwise in writing. All provisions of this Lease as applied other than those pertaining to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of Term apply to such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of remonth-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawto-month tenancy.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal including the decommissioning requirements of this Section 11.9, reasonable wear and tear and damage by fire or other casualty or eminent domain taking and damage by the negligence or willful misconduct of Landlord or its agents, contractors or employees excepted, first removing therefrom all goods and effects of the Tenant and the Tenant Removable Property and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, ACTIVE/103568117.9 without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be obligated to restore the Premises or remove any alterations or additions to the Premises at the end of the Term, except for any new items installed after the Commencement Date of this Lease which Landlord identified in written notice delivered prior to Landlord approving Tenant’s plans for any alterations or improvements as items which Tenant must remove prior to the expiration of the Lease. Tenant shall not be required to remove its computer and telecommunications wiring, cable and other equipment; provided, however, that to the extent that Tenant replaces any such wiring and cable during the Term or any other extension thereof then it shall, as part of that installation pull and remove from the Premises any wiring and cable that it no longer uses from the specific portion of the Premises in which Tenant is replacing such wiring or cabling. Tenant will yield-up the Premises to Landlord in broom swept condition, reasonable wear and tear and damage resulting from casualty excepted. At least three (3) months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required by any governmental authority) to be taken by Tenant in order to surrender the Premises (including any alterations permitted by Landlord to remain in the Premises, and the Landlord Retained Property) and any ductwork or other areas or systems of the Building requiring decommissioning at the expiration or earlier termination of the Term, free from any residual impact from Tenant’s use of Hazardous Materials and otherwise released for unrestricted use and occupancy (the “Surrender Plan”). Tenant’s Surrender Plan shall state that (a) all laboratory space in the Premises and other areas of the Building used by Tenant, including (i) all floors, walls, ceilings, counters, piping, supply lines, waste lines and plumbing in or exclusively serving the Premises, and (ii) all exhaust or other ductwork in or exclusively serving the Premises or in the Building used exclusively by or for the Premises will be de-commissioned to the extent required by, and in accordance with, applicable Legal Requirements and in accordance with best industry practice; (b) the interior surfaces of the Premises (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing, and all such exhaust or other ductwork in the Premises, may be released for unrestricted use and occupancy or disposed of in compliance with applicable Legal Requirements without: (y) incurring special costs on account of uncompleted de-commissioning work; or (z) undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of such Hazardous Materials related to the former laboratory and clinical use areas of the Premises; and (c) the Premises may be occupied for office and laboratory use, or demolished or renovated. The final report shall also include reasonable detail concerning the clean-up measures that were taken, the clean-up locations, the tests run and the analytic results. If Tenant fails to perform its obligations under this 11.9 without limiting any other right or remedy, Landlord may, on five (5) business fays’ prior written notice to Tenant, perform such obligations at Tenant’s expense, and Tenant shall within ten (10) days of demand reimburse Landlord for all out-of-pocket costs and expenses incurred by Landlord in connection with such work. Tenant’s obligations under this Section 11.9 shall survive the expiration or earlier termination of this Lease. ACTIVE/103568117.9 On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of the Lease, free from any residual impact from Tenant laboratory operations. Tenant shall reimburse Landlord, within ten (10) days of demand as Additional Rent, for the expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by Tenant’s or Landlord’s environmental consultants with respect to the surrender of the Premises to third parties; provided, however, that such Surrender Plan may be accompanied by a statement alerting any other recipient (other than Landlord Parties) that said other recipient shall not be entitled to rely on the Surrender Plan. Notwithstanding the foregoing, upon receipt of a written request from Landlord, Tenant will exercise reasonable efforts (at no additional cost to Tenant) to obtain a reliance letter from the issuer that such Surrender Plan may be relied upon by the subsequent tenant of the Premises (but not any tenants beyond that). If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entryreentry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender -------------------------------------- possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal reasonable wear and tear and damage by fire or other casualty or as a consequence of the exercise of eminent domain excepted, first removing therefrom all goods and effects of the Tenant and and, to the extent required or permitted under Section 4.2, any leasehold improvements Landlord specified for removal pursuant to Section 4.2improvements, and repairing all damage caused by such removal. Upon the expiration of this Lease or Lease, or, if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expirationexpiration or abandonment, vacation, abandonment or termination, if the Tenant or the Tenant’s 's agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent and one-half (150%1 1/2) of times the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which of the Tenant shall remain in possessionexpiration or termination of the Term. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s 's rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s 's right of re-re- entry, Landlord’s 's right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The On the Expiration Date, Tenant shall surrender possession to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this Lease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant’s Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant’s Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or Expiration Date as required by this Lease by giving written notice to quitTenant. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by Any such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant Alterations or Tenant’s agents, subtenants Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any other person should leave any property damage to Tenant resulting from Landlord’s retention or disposition of any kind such Alterations or character on or in the PremisesTenant’s Personal Property. Tenant will be liable to Landlord for Landlord’s costs for storing, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroyremoving (including related restoration work), or to sell disposing of any such Alterations or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.’s

Surrender of Premises and Holding Over. The On the Expiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, reasonable wear and tear excepted, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Building or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all HVAC units exclusively serving the Premises shall be in a well maintained and operable condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable and undamaged condition, reasonable wear and tear excepted. Tenant shall additionally, as of the Expiration Date, remove all of Tenant’s Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant’s Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior and interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s Personal Property. Tenant shall be liable to Landlord for Landlord’s costs for storing, removing, or disposing of any such Alterations or Tenant’s Personal Property required to be removed by Tenant under this Lease. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Paragraph, Tenant shall indemnify Landlord against all liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims resulting from such failure, including without limitation any claim for damages made by a succeeding tenant. If Tenant, with Landlord’s consent, remains in possession of the Premises after the Expiration Date, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on the last day 30-days’ written notice given at any time by Landlord or Tenant. During any such month-to-month tenancy, Tenant shall pay, as Basic Monthly Rent, 150 percent of the Term Basic Monthly Rent in effect immediately prior to the Expiration Date, as the case may be; which rental amount Tenant acknowledges is fair and reasonable under all of the Tenant waives facts and circumstances existing as of the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination date of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance . All provisions of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified except for removal pursuant those pertaining to Section 4.2, and repairing all damage caused by Term shall apply to such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of remonth-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawto-month tenancy.

Surrender of Premises and Holding Over. The At the expiration of the tenancy, Tenant shall surrender the Premises in good condition, reasonable wear and tear excepted, and damage by unavoidable casualty (except to the extent that the same is covered by Landlord's fire insurance policy with extended coverage endorsement), and Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall remove all its trade fixtures and any alterations or improvements, subject to the provisions of Section 6.5, before surrendering the Premises, and shall repair, at its own expense, any damage to the Premises caused thereby. Tenant's obligations to observe or perform this covenant shall survive the expiration or other termination of the Lease Term. In the event Tenant remains in possession of the Premises on after the last day expiration of the Term tenancy created hereunder, whether or not with the consent or acquiescence of Landlord, and without the Tenant waives execution of a new lease, Tenant, at the right option of Landlord, shall be deemed to any notice of termination be occupying the Premises as a tenant at will on a week-to-week tenancy and in no event on a month-to-month or notice to quiton a year-to-year tenancy. The Tenant covenants that upon rent during this week-to-week tenancy shall be payable weekly at twice the expiration or sooner termination Fixed Minimum Rent, and twice all other charges due hereunder, and it shall be subject to all the other terms, conditions, covenants, provisions and obligations of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance no extension or renewal of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant shall be deemed to Section 4.2, and repairing all damage caused have occurred by such removalholding over. Upon the expiration of Tenant's obligations to observe or perform this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises covenant shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon survive the expiration or sooner other termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawTerm.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal reasonable wear and tear and damage by fire or other casualty or as a consequence of the exercise of eminent domain excepted, first removing therefrom all goods and effects of the Tenant and and, to the extent required or permitted under SECTION 4.2, any leasehold improvements Landlord specified for removal pursuant to Section 4.2improvements, and repairing all damage caused by such removal. Upon the expiration of this Lease or Lease, or, if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expirationexpiration or abandonment, vacation, abandonment or termination, if the Tenant or the Tenant’s 's agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent and a half (150%1.5) of times the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.the

Surrender of Premises and Holding Over. (a) The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s 's agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s 's rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s 's right of re-entry, Landlord’s 's right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quitquit at the end of the Term. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises broom clean and in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects personal property of the Tenant (provided that the Laboratory Fixtures shall remain in the Premises) and any leasehold improvements Landlord specified for removal alterations or additions required to be removed pursuant to Section 4.2, and repairing all damage caused by such removal. , and further provided that Tenant shall decommission the Premises and cause a certified industrial hygienist to decontaminate the Premises in accordance with applicable laws and regulations.. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises after having vacated the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the then Tenant shall be deemed a tenant at sufferance only and Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) % of the Annual Fixed Rent annual and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possessionadditional rents. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of On the Premises on the last day of the Term and the Tenant waives the right to any notice of termination Expiration Date or notice to quit. The Tenant covenants that upon the expiration or sooner earlier termination of this Lease, it shall, without notice, deliver up and Tenant shall (i) surrender possession of to Landlord the Premises in good and clean condition, along with all keys to the same condition Premises (including any keys to any exterior or interior doors), and (ii) remove all of Tenant's Personal Property and perform all repairs and restoration required by the removal of any Alterations (to the extent Tenant is required to remove such Alterations pursuant to the preceding paragraph or to the extent that Tenant elects, in which its sole discretion, to remove Alterations) or Tenant's Personal Property. Landlord may elect to retain or dispose of in any manner any Alterations or Tenant's Personal Property that Tenant does not remove from the Tenant has agreed to keep Premises on the same during the continuance Expiration Date or earlier termination of this Lease and in accordance with the terms hereof, normal wear and tear and damage as required by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease by giving written notice to Tenant. Any such Alterations or if the Premises should be abandoned by the Tenant, 's Personal Property that Landlord elects to retain or this Lease should terminate dispose of will vest in Landlord immediately on notice to Tenant. Tenant waives all claims against Landlord for any cause, and at the time damage to Tenant resulting from Landlord's retention or disposition of any such expiration, vacation, abandonment or termination, the Tenant Alterations or Tenant’s agents's Personal Property. Tenant is liable to Landlord for Landlord's costs for storing, subtenants removing or any other person should leave any property disposing of any kind such Alterations or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property's Personal Property. If the Tenant fails to surrender possession of the Premises upon to Landlord on the expiration Expiration Date or sooner earlier termination of this Lease, the Tenant shall pay to indemnify Landlord against all liabilities, damages, losses, costs, expenses, attorneys' fees and claims resulting from such failure, including any claim for damages made by a succeeding tenant. If Tenant, with Landlord's consent, as rent for any period remains in possession of the Premises after the expiration Expiration Date or sooner earlier termination of this Lease an amount equal Lease, such possession by Tenant shall be deemed to one hundred fifty be a month to month tenancy terminable on thirty (30) days' written notice given at any time by Landlord or Tenant. During any such month to month tenancy, Tenant shall pay, as Basic Monthly Rent, 110 percent (150%) of the Annual Fixed Basic Monthly Rent in effect immediately before the Expiration Date or earlier termination of this Lease, as the case may be, unless Landlord and the Additional Rent required to be paid under Tenant mutually agree otherwise in writing. All provisions of this Lease as applied other than those pertaining to any period Term apply to such month to month tenancy. Notwithstanding anything in which Article 12 or this Article 13 to the contrary, Tenant shall remain in possession. Acceptance by have the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect remove any Alterations from the Premises so long as Tenant repairs any damage to the Premises caused by such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawremoval.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of On the Premises on the last day of the Term and the Tenant waives the right to any notice of termination Expiration Date or notice to quit. The Tenant covenants that upon the expiration or sooner earlier termination of this Lease, it shall(i) Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant has paid for itself and which Landlord requires Tenant to remove) in a good and clean condition, ordinary wear and tear and casualty damage (subject to Section 26 below) excepted (provided, however, that if this Lease terminates pursuant to any condemnation of the Premises, as defined in Section 27, Tenant shall only be obligated to surrender the Premises in their "as is" condition as of the date Tenant surrenders the Premises to Landlord or the condemning authority), (ii) Tenant shall remove all of the Excluded Improvements and Tenant's Personal Property and perform all repairs and restoration required by the removal of any Excluded Improvements, Permitted Alterations or Tenant's Personal Property, and (iii) Tenant shall surrender to Landlord all keys to the Premises (including without noticelimitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Excluded Improvements, deliver up Permitted Alterations or Tenant's Personal Property that Tenant does not remove from the Premises on the Expiration Date or earlier termination of this Lease as required by this Lease by giving written notice to Tenant. Any such Excluded Improvements, Permitted Alterations or Tenant's Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Excluded Improvements, Permitted Alterations or Tenant's Personal Property. Tenant shall be liable to Landlord for Landlord's costs for storing, removing or disposing of any such Excluded Improvements, Permitted Alterations or Tenant's Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date or earlier termination of this Lease (subject to Tenant's right to remove any Permitted Alterations within 60 days after Landlord's written notice requiring such removal), Tenant shall indemnify Landlord against all liabilities, damages (but not any consequential damages), losses, costs, expenses, attorneys' fees and surrender claims resulting from such failure, including without limitation any claim for damages made by a succeeding tenant other than Landlord or any of Landlord's affiliates. If Tenant, with Landlord's consent, remains in possession of the Premises in after the same condition in which the Tenant has agreed to keep the same during the continuance Expiration Date or earlier termination of this Lease and in accordance with for any reason other than removal of Permitted Alterations following Landlord's notice requiring such removal, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on 30-days' written notice given at any time by Landlord or Tenant. During the terms hereoffirst 30 days of any such month-to-month tenancy, normal wear and tear and damage by fire or other casualty exceptedTenant shall pay, first removing therefrom all goods and effects as Basic Monthly Rent, 110 percent of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or Basic Monthly Rent in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice effect immediately prior to the Tenant Expiration Date or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner earlier termination of this Lease, as the case may be and thereafter Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination 150 percent of such effective Basic Monthly Rent. All provisions of this Lease an amount equal except for those pertaining to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required Term shall apply to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of remonth-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawto-month tenancy.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quitquit at the end of the Term. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises broom clean and in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects personal property of the Tenant and any leasehold improvements Landlord specified for removal alterations or additions required to be removed pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises after having vacated the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the then Tenant shall be deemed a tenant at sufferance only and Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to the higher of one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession, in each case together with all Additional Rent required under this Lease. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at lawlaw (other than consequential damages), or any other rights of the Landlord under this Lease or as provided by law.. Prior to the expiration of the Lease, Tenant shall clean and otherwise decommission all interior surfaces (including floors, walls, ceilings and counters), piping, supply lines, waste lines and plumbing in or serving the Premises, and all exhaust or other ductwork in or serving the Premises, in each case that has carried, released or otherwise been exposed to any Hazardous Material due to Tenant’s use or occupancy of the Premises, and shall otherwise clean the Premises so as to permit the report hereinafter called for by this Section 11.10 to be issued. Prior to the expiration of this Lease (or within thirty [30] days after any earlier termination), Tenant, at Tenant’s expense, shall obtain for Landlord a report addressed to Landlord (and, at Tenant’s election, Tenant) by a reputable licensed environmental engineer or industrial hygienist that is designated by Tenant and acceptable to Landlord in Landlord’s reasonable discretion, which report shall be based on the environmental engineer’s or industrial hygienist’s inspection of the Premises and shall state, to the Landlord’s reasonable satisfaction, that (a) the Hazardous Materials described in the first sentence of this paragraph, to the extent if any, existing prior to such decommissioning, have been removed in accordance with applicable laws; (b) all Hazardous Materials described in the first sentence of this paragraph, if any, have been removed in accordance with applicable laws from the interior surfaces of the Premises (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing, and all such exhaust or other ductwork in the Premises, may be re-used by a subsequent tenant or disposed of in compliance with applicable laws without incurring special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of such Hazardous Materials and without giving notice in connection with such Hazardous Materials; and (c) the Premises may be re-occupied for office or laboratory use, demolished or renovated without incurring special costs or undertaking special procedures for disposal, investigation,

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal reasonable wear and tear and damage by fire or other casualty or as a consequence of the exercise of eminent domain excepted, first removing therefrom all goods and effects of the Tenant and and, to the extent required or permitted under Section 4.2, any leasehold improvements Landlord specified for removal pursuant to Section 4.2improvements, and repairing all damage caused by such removal. Upon the expiration of this Lease or Lease, or, if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expirationexpiration or abandonment, vacation, abandonment or termination, if the Tenant or the Tenant’s 's agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord may immediately, at Tenant's sole expense, remove and store all items. Landlord shall have the right and authority without notice to the Tenant or anyone else, after 30 days' notice to Tenant and opportunity to retrieve such property upon payment of all removal and storage expenses, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) % of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which of the Tenant shall remain in possessionexpiration or termination of the Term. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s 's rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s 's right of re-entry, Landlord’s 's right to collect such damages damages, subject to Section 9.7 of this Lease, as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. (a) The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quitquit at the end of the Term. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty casualty, condemnation or Landlord or Landlord’s employees or agents gross negligence excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises after having vacated the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the then Tenant shall be deemed a tenant at sufferance only and Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to the higher of (x) one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease or (v) the then fair market rate for the Premises as applied to any period in which the Tenant shall remain in possessionpossession (the “Holdover Rent”), in each case together with all Additional Rent required under this Lease, provided that Landlord has provided Tenant with at least thirty (30) days notice (“Holdover Notice”) that Landlord has leased the Premises to a new tenant, Tenant shall be liable to Landlord for all damages arising from such failure to surrender and vacate the Premises, including damages arising from the loss of a replacement lease transaction. In the event Landlord does not provide Tenant with a Holdover Notice, Tenant may hold over in the Premises for up to fifteen (15) days without liability for Holdover Rent or additional damages other than payment of the pro rata share of Annual Fixed Rent and Additional Rent. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-re entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The On the Expiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this Lease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant’s Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant’s Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s Personal Property. Tenant will be liable to Landlord for Landlord’s costs for storing, removing (including related restoration work), or disposing of any such Alterations or Tenant’s Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Paragraph, Tenant shall indemnify, defend, and hold Landlord harmless from and against all liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims resulting from such failure, including without limitation any claim for damages made by a succeeding tenant. If Tenant, with Landlord’s consent, remains in possession of the Premises after the Expiration Date, such possession by Tenant shall be deemed to be a month to month tenancy terminable on the last day of the Term and the Tenant waives the right to thirty (30) days’ written notice given at any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage time by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents. During any such month to month tenancy, subtenants or any other person should leave any property of any kind or character on or in the Premisesholdover tenancy which is without Landlord’s consent, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlordpay, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty Basic Monthly Rent, One Hundred Fifty percent (150%) of the Annual Fixed Basic Monthly Rent in effect immediately prior to the Expiration Date; which rental amount Tenant acknowledges is fair and reasonable under all of the Additional Rent required to be paid under facts and circumstances existing as of the date of this Lease. All provisions of this Lease as applied except for those pertaining to Term shall apply to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawtenancy.

Surrender of Premises and Holding Over. The On the Expiration Date, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, reasonable wear and tear excepted, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Building or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all HVAC units exclusively serving the Premises shall be in a well maintained and operable condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable and undamaged condition, reasonable wear and tear excepted. Tenant shall additionally, as of the Expiration Date, remove all of Tenant’s Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant’s Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior and interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date or earlier termination of this Lease as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s Personal Property. Tenant shall be liable to Landlord for Landlord’s costs for storing, removing, or disposing of any such Alterations or Tenant’s Personal Property required to be removed by Tenant under this Lease. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Paragraph, Tenant shall indemnify Landlord against all liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims resulting from such failure, including without limitation any claim for damages made by a succeeding tenant. If Tenant, with Landlord’s consent, remains in possession of the Premises after the Expiration Date, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on the last day 30-days’ written notice given at any time by Landlord or Tenant. During any such month-to-month tenancy, Tenant shall pay, as Basic Monthly Rent, 150 percent of the Term Basic Monthly Rent in effect immediately prior to the Expiration Date, as the case may be; which rental amount Tenant acknowledges is fair and reasonable under all of the Tenant waives facts and circumstances existing as of the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination date of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance . Ail provisions of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified except for removal pursuant those pertaining to Section 4.2, and repairing all damage caused by Term shall apply to such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of remonth-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawto-month tenancy.

Surrender of Premises and Holding Over. The At the expiration of the tenancy, Tenant shall surrender the Premises in good condition, reasonable wear and tear excepted, and damage by unavoidable casualty (except to the extent that the same is covered by Landlord's fire insurance policy with extended coverage endorsement), and Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall remove all its trade fixtures and any alterations or improvements, subject to the provisions of Section 6.5, before surrendering the Premises, and shall repair, at its own expense, any damage to the Premises caused thereby. Tenant's obligations to observe or perform this covenant shall survive the expiration or other termination of the Lease Term. In the event Tenant remains in possession of the Premises on after the last day expiration of the Term tenancy _______________/ JK LANDLORD TENANT created hereunder, whether or not with the consent or acquiescence of Landlord, and without the Tenant waives execution of a new lease, Tenant, at the right option of Landlord, shall be deemed to any notice of termination be occupying the Premises as a tenant at will on a week-to-week tenancy and in no event on a month-to-month or notice to quiton a year-to-year tenancy. The Tenant covenants that upon rent during this week-to-week tenancy shall be payable weekly at twice the expiration or sooner termination Fixed Minimum Rent, and twice all other charges due hereunder, and it shall be subject to all the other terms, conditions, covenants, provisions and obligations of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance no extension or renewal of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant shall be deemed to Section 4.2, and repairing all damage caused have occurred by such removalholding over. Upon the expiration of Tenant's obligations to observe or perform this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises covenant shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon survive the expiration or sooner other termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawTerm.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of On the Premises on the last day of the Term and the Tenant waives the right to any notice of termination Expiration Date or notice to quit. The Tenant covenants that upon the expiration or sooner earlier termination of this Lease, it shall(i) Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, without noticefree of trash and debris including cleaning of all flooring; patching and painting of all walls; removal of all signage installed by Tenant on any portion of the Building or Project including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, deliver up electrical circuits and surrender possession lighting fixtures in good operating condition; all HVAC units serving the Premises in a well maintained and operable condition; all roof penetrations arising from Tenant’s occupancy of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease a watertight condition; and in accordance with the terms hereofall doors, normal wear and tear and damage by fire or other casualty exceptedwindows, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2roll-up doors, locks, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or hardware in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or operable condition upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the (ii) Tenant shall pay remove all of Tenant’s Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenants Personal Property and (iii) Tenant shall surrender to Landlord, as rent for Landlord all keys to the Premises (including without limitation any period after keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the expiration Premises on the Expiration Date or sooner earlier termination of this Lease an amount equal as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s Personal Property. All Alterations and fixtures (other than trade fixtures, safety deposit boxes (and their contents), Vault, ATM, Night Depository and signs), shall become Landlord’s property and shall be surrendered to Landlord with the Premises, regardless of who paid for the same and without limiting the foregoing, Tenant shall not remove any of the following materials or equipment without Landlord’s written consent, regardless of who paid for the same and regardless of whether the same are permanently attached to the Premises or not, power wiring and power panels; any piping for gasses or liquids; sinks, cabinet and 525-937-A, B and C Landmark National Ban—Revised 8-16-01 Standard Shopping Lease FINAL 8-16-01 Landlord /s/ [ILLEGIBLE] Tenant /s/ [ILLEGIBLE] casework; fume hoods or specialized air-handling evacuation systems; any drains or other equipment for the handling of grease and/or waste water, computer, telephone, telecommunication wiring, panels and equipment; lighting and lighting fixtures; wall coverings; drapes, blinds and other window coverings; carpets and floor coverings; heaters, air conditioners and other heating or air conditioning equipment; security systems; and other building equipment and decorations. Tenant shall be liable to Landlord for Landlord’s costs for storing, removing or disposing of any such Alterations or Tenant’s Personal Property. If Tenant fails to surrender the premises to Landlord on the Expiration Date or earlier termination of this Lease in the condition required by this Paragraph. Tenant shall indemnify Landlord against all liabilities, damages, losses, costs, expenses, attorneys’ fees and claims resulting from such failure, including without limitation any claim for damages made by a succeeding tenant. If Tenant, with Landlord’s consent, remains in possession of the Premises after the Expiration Date or earlier termination of this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy terminable on thirty (30) days’ written notice given at any time by Landlord or Tenant. During any such month-to-month tenancy, Tenant shall pay, as Basic Monthly Rent, one hundred fifty twenty-five percent (150125%) of the Annual Fixed Basic Monthly Rent and in effect immediately prior to the Additional Rent required to be paid under Expiration Date or earlier termination of this Lease, as the case may be. All provisions of this Lease as applied except for those pertaining to any period in which the Tenant Term shall remain in possession. Acceptance by the Landlord of apply to such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of remonth- to-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawmonth tenancy.

Surrender of Premises and Holding Over. The At the expiration of the tenancy hereby created, Tenant shall surrender possession the Premises in good, broom-clean condition, reasonable wear and tear excepted, and Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant’s obligation to observe and perform this covenant shall survive the expiration or other termination of the Premises on Lease. If Tenant shall default in so surrendering the Premises, Tenant’s occupancy subsequent to such expiration, whether or not with the consent or acquiescence of Landlord, shall be deemed to be that of a tenancy at will and in no event from month to month or from year to year, and it shall be subject to all the terms, covenants and conditions of this Lease applicable thereto, except that Rent and other charges payable by Tenant hereunder shall be twice the amount payable in the last day year of the Term Term, and the Tenant waives the right no extension or renewal of this Lease shall be deemed to any notice of termination or notice have occurred by such holding over. Prior to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shallTenant shall remove any and all trade fixtures, equipment and other items which Tenant may have installed, stored or left in the Premises or elsewhere in the Shopping Center, including, but not limited to, counters, shelving, showcases, chairs and movable machinery purchased or provided by Tenant and which are susceptible of being moved without noticedamage to the building. Tenant shall repair any damage to the Premises caused by its removal of such fixtures and movables. In the event Tenant does not make such repairs, deliver up Tenant shall be liable for and surrender possession agrees to pay Landlord’s costs and expenses in making such repairs, together with a sum equal to twenty (20%) percent of such costs and expenses to cover Landlord’s overhead in making such repairs for Tenant. Tenant shall not remove any plumbing or electrical fixtures or equipment, heating or air-conditioning equipment, floor coverings (including, but not limited to, wall to wall carpeting), walls or ceilings, all of which shall be deemed to constitute a part of the Premises in the same condition in which the freehold and/or leasehold interest of Landlord, as set forth above, nor shall Tenant has agreed remove any fixtures or machinery that were furnished of paid for by Landlord (whether initially installed or replaced). If Tenant shall fail to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire remove its trade fixtures or other casualty exceptedproperty as provided in this Section, first removing therefrom all goods such fixtures and effects of the other property not removed by Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should shall be deemed abandoned by the Tenant, or this Lease should terminate for any cause, Tenant and at the time option of Landlord shall become the property of Landlord, or at Landlord’s option may be removed by Landlord at Tenant’s expense plus twenty (20%) percent as hereinabove provided, or placed in storage at Tenant’s expense, or sold or otherwise disposed of, in which event the proceeds of such expiration, vacation, abandonment sale or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof disposition shall belong to the Landlord as compensation for the removal Landlord. The foregoing and disposition all other obligations of such property. If the Tenant fails to surrender possession of the Premises upon hereunder shall survive the expiration or sooner earlier termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on On or before the last day of the Term Term, Tenant shall surrender the Leased Premises to Landlord in good condition and repair except for (i) reasonable wear and tear, and (ii) damage by casualty or the elements or taking by eminent domain (unless Tenant waives is obligated to repair such damage pursuant to the right terms of this Lease). On or before said day, Tenant shall remove all its personal property and Trade Fixtures (including Tenant’s signs) from the Leased Premises, and any alterations which Landlord requires be removed except only any which Landlord agreed need not be removed pursuant to any notice Section 5.4 above and repair all damage incurred in the removal of termination or notice to quitthe same. The Tenant covenants that upon the expiration or sooner Upon termination of this Lease, it shall, without notice, Lease Tenant shall deliver up the Leased Premises to Landlord broom clean and surrender free of all trash and debris. If Tenant shall remain in possession of the Leased Premises in without extension [ * ] Indicates that information has been omitted and filed separately with the same condition in which Securities and Exchange Commission pursuant to a request for confidential treatment. after the expiration of the Term, Tenant has agreed shall hold as a tenant at sufferance, at a charge for use and occupancy, and not as rent, of the Leased Premises equal to keep [ * ] of the same highest monthly installment of Base Rental applicable during the continuance Term plus all Additional Rent for each month or portion thereof for which Tenant remains in possession. In all other respects Landlord and Tenant shall be subject to the terms, provisions and conditions of this Lease and in accordance with the terms hereof, normal wear and tear and damage provided Tenant shall be liable for all damages incurred by fire or other casualty excepted, first removing therefrom all goods and effects Landlord as a result of the Tenant and any leasehold improvements holding over. No surrender to Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, Leased Premises or any part thereof, without being in thereof or of any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the interest therein by Tenant shall pay to Landlord, as rent for any period after be valid or effective unless required by the expiration or sooner termination provisions of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition unless agreed to and accepted in writing by Landlord. No act on the part of any representative or agent of Landlord, and no act on the part of Landlord other than such a written agreement acceptance by Landlord, shall not affect constitute or limit the Landlord’s right be deemed an acceptance of re-entry, Landlord’s right to collect any such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawsurrender.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of On or before the Premises on the last day expiration of the Term and of the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of Tenant shall remove from the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance all of this Lease Tenant's property and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and repair any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon Any personal property which shall remain in or on the expiration Premises for more than fifteen (15) days following the termination of this Lease or if the Premises should be abandoned by the termination of Tenant, or this Lease should terminate for any cause, and at the time 's right of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon following Tenant's default hereunder shall, at Landlord's option, become the property of Landlord. If Tenant fails to remove any of Tenant's property prior to the expiration of fifteen (15) days from the expiration or sooner earlier termination of this Lease, Landlord may remove the same at Tenant's cost and Tenant shall pay to LandlordLandlord on demand all reasonable costs incurred in removing, as rent for any period storing and/or disposing of such property. In the event of holding over by Tenant after the expiration or sooner earlier termination of this Lease an amount or in the event Tenant continues to occupy the Premises after the termination of Tenant's right of possession, Tenant shall, throughout the entire hold over period, pay rent equal to one hundred fifty percent (150%) of the Annual Fixed Rent and sum of the Additional Rent required to be paid under Rental which would have been applicable had the term of this Lease as applied to any continued throughout the period in which the Tenant shall remain in possession. Acceptance by the Landlord of such holding over by Tenant. No holding over by Tenant or payments shall not constitute a consent of money by Tenant to a holdover hereunder or result in a renewal or extension Landlord after the expiration of the Tenant’s rights term of occupancy. Such payments this Lease shall be in addition construed to and shall not affect or limit extend the Landlord’s right term of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided prevent Landlord from recovery of immediate possession of the Premises by lawsummary proceedings or otherwise unless Landlord has sent written notice to Tenant that Landlord has elected to extend the term of this Lease. Tenant shall be liable to Landlord for damages, including reasonably foreseeable consequential damages, which Landlord may suffer by reason of any holding over by Tenant and Tenant shall indemnify Landlord against any and all claims by any other tenant or prospective tenant against Landlord for delay by Landlord in delivering possession of the Premises to such other tenant or prospective tenant.

Surrender of Premises and Holding Over. The On the Expiration Date, (a) Tenant shall surrender to Landlord the Premises and, except as otherwise expressly provided in this Lease, all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above), in broom-clean and vacant condition, (b) Tenant shall remove all of Tenant’s Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant’s Personal Property, and (c) Tenant shall surrender to Landlord all keys to the Premises (including, without limitation, keys to exterior and interior doors). If Tenant shall not have removed from the Premises any one or more items of Tenant’s Personal Property within five (5) days of Landlord’s written notice thereof, then Landlord may elect to retain or dispose of in any manner any of Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. If Tenant fails to remove such items within such period, then any such Tenant’s Personal Property that Landlord elects to retain or dispose of shall, immediately upon notice to Tenant, vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Lxxxxxxx’s retention or disposition of any such fixtures or Tenant’s Personal Property. Tenant shall be liable to Landlord for Landlord’s reasonable, actual out-of-pocket costs for storing, removing, or disposing of any such fixtures or Tenant’s Personal Property. If Txxxxx fails to surrender the Premises to Landlord on the Expiration Date, Tenant shall indemnify Landlord against all liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims resulting from such failure, including, without limitation, any claim for damages made by a succeeding tenant. If Tenant, without Lxxxxxxx’s consent, remains in possession of the Premises on after the last day of the Term and the Expiration Date, such possession by Tenant waives the right shall be deemed to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Leasebe a tenancy-at-sufferance and, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time month of such expirationholdover, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount Base Rent equal to one hundred and twenty five percent (125%) of Base Rent then in effect immediately before the Expiration Date, and during the remainder of any holdover period, one hundred and fifty percent (150%) of the Annual Fixed Base Rent and in effect immediately prior to the Additional Rent required to be paid under Expiration Date. All other provisions of this Lease as applied except for those pertaining to any period in which the Base Rent shall apply to such holdover tenancy. Tenant shall remain in possession. Acceptance by the be liable to Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entryfor any special, Landlord’s right to collect such damages as may be available at lawconsequential, or any other rights punitive damages or lost profits as a result of the Landlord under this Lease or as provided by lawTxxxxx’s holdover.

Surrender of Premises and Holding Over. The At the expiration of the tenancy hereby created, Tenant shall surrender possession the Leased Premises in good condition, reasonable wear and tear excepted, and damage by unavoidable casualty excepted to the extent that the same is covered by Landlord's all-risk fire insurance policy, and Tenant shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Leased Premises. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Premises on Term. If, after notice in writing by Landlord to deliver possession, Tenant shall default in so surrendering the Leased Premises, Tenant's occupancy subsequent to such expiration, whether or not with the consent or acquiescence of Landlord, shall be deemed to be that of a tenancy at will and in no event from month to month or from year to year, and it shall be subject to all the terms, covenants, conditions of this lease applicable thereto, except that Minimum Rent shall be twice the amount payable in the last day year of the Term Term, and the Tenant waives the right no extension or renewal of this lease shall be deemed to any notice of termination or notice have occurred by such holding over. Prior to quit. The Tenant covenants that upon the expiration or sooner termination of this Leaselease, it shallTenant shall remove any and all trade fixtures, equipment and other unattached items which Tenant may have installed, stored or left in the Leased Premises or elsewhere on the Property, including but not limited to counters, shelving, showcases, chairs and unattached movable machinery purchased or provided by Tenant and which are susceptible of being moved without noticedamage to the Building. Tenant shall repair any damage to the Leased Premises caused by its removal of such fixtures and movables. In the event Tenant does not make such repairs, deliver up Tenant shall be liable for and surrender possession agrees to pay Landlord's costs and expenses in making such repairs together with a sum equal to fifteen (15%) percent of such costs and expenses to cover Landlord's overhead in making such repairs for Tenant. Tenant shall not remove any plumbing or electrical fixtures or equipment, heating or air-conditioning equipment, floor coverings (including but not limited to wall to wall carpeting), walls or ceilings, all of which shall be deemed to constitute a part of the Premises in the same condition in which the freehold and/or leasehold interest of Landlord, as set forth above, nor shall Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage remove any fixtures or machinery that were furnished or paid for by fire Landlord (whether initially installed or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the propertyreplaced). Landlord shall have the right and authority without notice to inspect the Tenant or anyone else, Leased Premises within ninety (90) days prior to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Leaselease, and within fifteen (15) days after receipt of written notice from Landlord, Tenant shall repair any damage to any of the above-mentioned equipment or to the said floor coverings, walls or ceilings. In the event Tenant does not repair properly as required hereunder and to the reasonable satisfaction of Landlord, then Landlord may make such repairs without liability to Tenant and Tenant shall pay Landlord's costs for making such repairs upon presentation of a xxxx therefor, as additional rent. Said xxxx shall include Interest (as defined in Section 11.10) from the date such repairs were billed by the contractor(s) making such repairs. The Leased Premises shall be left in a broom-clean condition. If Tenant shall fail to remove its trade fixtures or other property as provided in this Section 11.8, such fixtures and other property not removed by Tenant shall be deemed abandoned by Tenant and at the option of Landlord shall become the property of Landlord, or at Landlord's option may be removed by Landlord at Tenant's expense plus fifteen (15%) percent as hereinabove provided, or placed in storage at Tenant's expense, or sold or otherwise disposed of, in which event the proceeds of such sale or other disposition shall belong to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of On the Premises on the last day of the Term and the Tenant waives the right to any notice of termination Expiration Date or notice to quit. The Tenant covenants that upon the expiration or sooner earlier termination of this Lease, it shall, without notice, deliver up and Tenant shall (i) surrender possession of to Landlord the Premises in good and clean condition, along with all keys to the same condition Premises and Project (including any keys to any exterior or interior doors), (ii) remove all of Tenant's Personal Property and perform all repairs and restoration required by the removal of any Alterations (to the extent required under this Lease) or Tenant's Personal Property (and remove Xxxxxx’s signage in which accordance with this Lease); and (iii) “close out” all operating permits, including any hazardous material and radioactive permits, if any. Landlord may elect to retain or dispose of in any manner any Alterations or Xxxxxx's Personal Property that Tenant does not remove from the Tenant has agreed to keep Project on the same during the continuance Expiration Date or earlier termination of this Lease and in accordance with the terms hereof, normal wear and tear and damage as required by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease by giving written notice to Xxxxxx. Any such Alterations or if the Premises should be abandoned by the Tenant, 's Personal Property that Landlord elects to retain or this Lease should terminate dispose of will vest in Landlord immediately on notice to Tenant. Tenant waives all claims against Landlord for any cause, and at the time damage to Tenant resulting from Xxxxxxxx's retention or disposition of any such expiration, vacation, abandonment or termination, the Tenant Alterations or Tenant’s agents's Personal Property. Tenant is liable to Landlord for Landlord's costs for storing, subtenants removing or any other person should leave any property disposing of any kind such Alterations or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property's Personal Property. If the Tenant for any reason Xxxxxx fails to surrender possession of the Premises upon Project to Landlord on the expiration Expiration Date or sooner earlier termination of this Lease, the Tenant shall pay to Landlordindemnify Landlord against all actions, as rent liabilities, damages, losses, costs, expenses, attorneys' fees and claims resulting from such failure, including any claim for any period damages made by a succeeding tenant. If Tenant remains in possession of the Premises after the expiration Expiration Date or sooner earlier termination of this Lease an amount equal Lease, Basic Monthly Rent will automatically increase to one hundred fifty percent (150%) % of the Annual Fixed Basic Monthly Rent and in effect immediately before the Additional Rent required to be paid under Expiration Date or earlier termination of this Lease Lease, as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as case may be available at law, or any other rights of the Landlord under this Lease or as provided by lawbe.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same sane condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, Required Removable Alterations and repairing all damage caused by such removalremoval and restoring the Premises as provided in Section 4.3. Upon the expiration of this Lease Lease, or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s 's agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of twice the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s 's rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s 's right of re-entry, Landlord’s 's right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession At the termination of the Premises on the last day of the Term and Term, the Tenant waives the right does agree to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition as received by it on the Delivery Date (subject to the removals hereinafter required), reasonable wear and tear excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of all combination locks, safes and vaults, if any, in which the Tenant has agreed to keep the same Premises. Tenant, during the continuance last thirty (30) days of such term, shall remove all its trade fixtures, and, to the extent required by Landlord by written notice, any other installations, alterations or improvements, before surrendering the Premises as aforesaid and shall repair any damage to the Premises caused by removal of such items. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the lease term. Any items remaining in the Premises on the termination date of this Lease shall be deemed abandoned for all purposes and in accordance with shall become the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the propertyLandlord. Landlord shall have the right and authority without notice In addition to the Tenant or anyone elseforegoing, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period within fifteen (15) days after the expiration or sooner termination of the Term of this Lease, Tenant may remove all of its interior and exterior signage, and all installations appurtenant thereto, including electrical hook-ups, and the Premises and Property shall be restored to its condition before the installation of such signage. Tenant may also have its sign application (e.g., vinyl lettering) removed from any pylon or monument signs serving the Premises or the Property (if any). If Tenant shall default in surrendering the Premises, Xxxxxx’s occupancy subsequent to such expiration, whether or not with the consent or acquiescence of Landlord, shall be deemed to be that of a tenancy at will and in no event from month to month or from year to year, and it shall be subject to all the terms, covenants, and conditions of this Lease an amount equal to applicable thereto, except that Minimum Rent shall be one hundred fifty twenty five percent (150125%) the amount payable in the last year of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at lawBase Term, or any other rights renewal term thereof, and no extension or renewal of the Landlord under this Lease or as provided lease shall be deemed to have occurred by lawsuch holding over.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term term hereof and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of Tenant that are not attached to the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removalPremises. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s 's agents, subtenants or any other person should leave any property of any kind kind, or character character, on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord and as compensation for the removal and disposition of such property. Tenant agrees to reimburse Landlord for any expenses Landlord may incur in the removal or disposal of Tenant's property, trash, or debris left in the Demised Premises after the expiration of this Lease. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent THREE (150%3) of TIMES the Annual Fixed Rent and the Additional Rent monthly rent required to be paid under this Lease as applied to any period in which during the Tenant shall remain in possessionlast year of term hereof. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s 's rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s 's right of re-entry, Landlord’s 's right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quitquit at the end of the Term. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises broom clean and in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects personal property of the Tenant (including the Removable Equipment) and any leasehold improvements Landlord specified for removal alterations or additions required to be removed pursuant to Section 4.24.2 of this Lease, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises after having vacated the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the then Tenant shall be deemed a tenant at sufferance only and Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease Lease, an amount equal to one hundred fifty percent (150%) % of the Annual Fixed Rent and the all Additional Rent required to be paid payable under this Lease as applied immediately prior to any period in which the Tenant shall remain in possessionsuch holding over for each month or partial month of such holding over. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, LandlordXxxxxxxx’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Upon the expiration of the term hereof Tenant shall deliver all keys to the Premises to Landlord and shall surrender possession the Premises to Landlord in as good order and condition as at the commencement of the Premises on the last day of the Lease Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal except for ordinary wear and tear and damage by fire or and other casualty excepted, first removing therefrom all goods and effects standard extended coverage perils. In the event Tenant continues to occupy the Premises after the expiration of the Lease Term, such occupancy shall be considered a tenancy from month-to-month at a monthly rental equal to twice the highest amount of Minimum Rent and additional rental due for any calendar month of the Lease Term and such tenancy shall be upon and subject to all of the other terms, provisions, covenants and agreements set forth herein, except that Tenant and shall have no right to renew this Lease or to extend or continue possession hereunder nor have any leasehold improvements Landlord specified for removal pursuant other option that may be hereby granted to Section 4.2, and repairing all damage caused by such removalTenant. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, if Tenant is not then in default, Tenant may remove, at its expense, any trade fixtures and unattached personal property previously placed in the Premises by Tenant; but any damage to the Premises caused by such removal shall be repaired by Tenant at the time of the removal. All other installations (including air conditioning equipment, duct work, electric and water connections and electric lighting fixtures) and all repairs, improvements, replacements and alterations to the Premises made by Tenant shall, upon being installed, become the property of Landlord. However, Tenant shall pay promptly remove any alterations or improvements to the Premises made by it if requested to do so by Landlord, and shall repair any damage to the Premises resulting from such removal. Tenant shall continue to pay all rent until Tenant has made all alterations and corrections as rent for any period are required herein by Tenant, and until the additions and improvements Tenant is entitled or required to remove have been removed, and until all repairs required to be made by Tenant have been made. If, after the occurrence of an event of default, or upon the expiration or sooner termination of this Lease an amount equal Lease, Tenant moves out or is dispossessed and fails to one hundred fifty percent (150%) remove any trade fixtures, signs or other personal property placed on the Premises by Tenant prior to such moving out or dispossession, then and in any such events the said fixtures, signs and property shall at Landlord's option be deemed abandoned by Tenant and become the property of Landlord. Landlord shall not be liable for trespass, conversion or negligence by reason of its acts or the acts of anyone claiming under it or by reason of the Annual Fixed Rent and negligence of any other person with respect to the Additional Rent required acquisition and/or disposition of such property, whether or not deemed to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance abandoned by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods goods, effects and effects fixtures of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the PremisesPremises in the event of termination of the Lease before expiration of the Term as a result of a court or administrative ruling in any proceeding contested by the Tenant, for more than sixty (60) days without paying rent at the rate of the Annual Fixed Rent therefor, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant’s agents or subtenants, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord It is understood and agreed by and between the parties hereto that none of Landlord’s servants, agents or employees, have or shall have the actual or apparent authority to waive any portion of this paragraph, and except as otherwise provided in this Section 13.11, the Tenant shall have no right to leave any such property upon the Premises without the written consent of Landlord. Landlord, its agents or attorneys, shall have the right and authority without notice to the Tenant Tenant, Tenant’s agent or subtenants, or anyone else, to remove and destroy, or to sell or authorize disposal of such propertyproperty abandoned or deemed abandoned hereunder, or any part thereof, without being in any way liable to the Tenant therefor. The said property received therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such said property. If Except as otherwise provided in this Section 13.11, if the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of twice the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of or occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Upon the expiration of the Term of this Lease, Tenant shall surrender the Premises in good condition, reasonable wear and tear excepted, and damage by unavoidable casualty, and Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall remove all its trade fixtures and any alterations or improvements, subject to the provisions of Section 8.5, before surrendering the Premises, and shall repair, at its own expense, any damage to the Premises caused thereby. Any of Tenant’s property not so removed shall be deemed abandoned by Tenant and may be retained or disposed of by Landlord as Landlord shall desire, without any liability to Tenant and Tenant hereby expressly waives and releases all claims against Landlord and its agents therefor. Tenant’s obligations to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. In the event Tenant remains in possession of the Premises on after the last day expiration of the Term tenancy created hereunder, whether or not with the consent or acquiescence of Landlord, and without the Tenant waives execution of a new lease, Tenant, at the right option of Landlord, shall be deemed to any notice of termination or notice to quitbe occupying the Premises as a tenant at will on a month-to-month tenancy. The Tenant covenants that upon rent during this month-to-month tenancy shall be payable monthly at one hundred twenty-five percent (125%) of the expiration or sooner termination Fixed Minimum Rent and it shall be subject to all the other terms, conditions, covenants, provisions and obligations of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance no extension or renewal of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant shall be deemed to Section 4.2, and repairing all damage caused have occurred by such removalholding over. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s agentsobligations to observe or perform its obligations set forth herein, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon survive the expiration or sooner other termination of the term of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal reasonable wear and tear and damage by fire or other casualty or as a consequence of the exercise of eminent domain excepted, first removing therefrom all goods and effects of the Tenant and and, to the extent required or permitted under Section 4.2, any leasehold improvements Landlord specified for removal pursuant to Section 4.2improvements, and repairing all damage caused by such removal. Upon the expiration of this Lease or Lease, or, if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expirationexpiration or abandonment, vacation, abandonment or termination, if the Tenant or the Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of % the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which of the Tenant shall remain in possessionexpiration or termination of the Term. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of On the Premises on the last day of the Term and the Tenant waives the right to any notice of termination Expiration Date or notice to quit. The Tenant covenants that upon the expiration or sooner earlier termination of this Lease, it shall, without notice, deliver up and Tenant shall (i) surrender possession of to Landlord the Premises in good and clean condition, along with all keys to the same condition Premises and Project (including any keys to any exterior or interior doors), (ii) remove all of Tenant's Personal Property and perform all repairs and restoration required by the removal of any Alterations (to the extent required under this Lease) or Tenant's Personal Property (and remove Tenant's signage in which accordance with this Lease); and (iii) "close out" all operating permits, including any hazardous material and radioactive permits, if any. Landlord may elect to retain or dispose of in any manner any Alterations or Tenant's Personal Property that Tenant does not remove from the Tenant has agreed to keep Project on the same during the continuance Expiration Date or earlier termination of this Lease and in accordance with the terms hereof, normal wear and tear and damage as required by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease by giving written notice to Tenant. Any such Alterations or if the Premises should be abandoned by the Tenant, 's Personal Property that Landlord elects to retain or this Lease should terminate dispose of will vest in Landlord immediately on notice to Tenant. Tenant waives all claims against Landlord for any cause, and at the time damage to Tenant resulting from Landlord's retention or disposition of any such expiration, vacation, abandonment or termination, the Tenant Alterations or Tenant’s agents's Personal Property. Tenant is liable to Landlord for Landlord's costs for storing, subtenants removing or any other person should leave any property disposing of any kind such Alterations or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property's Personal Property. If the for any reason Tenant fails to surrender possession of the Premises upon Project to Landlord on the expiration Expiration Date or sooner earlier termination of this Lease, the Tenant shall pay to Landlordindemnify Landlord against all actions, as rent liabilities, damages, losses, costs, expenses, attorneys' fees and claims resulting from such failure, including any claim for any period damages made by a succeeding tenant. If Tenant remains in possession of the Premises after the expiration Expiration Date or sooner earlier termination of this Lease an amount equal Lease, Basic Monthly Rent will automatically increase to one hundred fifty percent (150%) % of the Annual Fixed Basic Monthly Rent and in effect immediately before the Additional Rent required to be paid under Expiration Date or earlier termination of this Lease Lease, as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as case may be available at law, or any other rights of the Landlord under this Lease or as provided by lawbe.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of On the Premises on the last day of the Term and the Tenant waives the right to any notice of termination Expiration Date or notice to quit. The Tenant covenants that upon the expiration or sooner earlier termination of this Lease, it shallTenant shall (i) execute a Quitclaim Deed substantially in the form of the attached Exhibit G and termination of the Memorandum in favor of Landlord with respect to the Project in form and substance reasonably acceptable to Landlord and record them in the real property records of the County of San Diego, without notice, deliver up and California; (ii) surrender possession of to Landlord the Premises in good and clean condition along with all keys to the same condition in which the Tenant has agreed Premises (including any keys to keep the same during the continuance of this Lease and in accordance with the terms hereofany exterior or interior doors), normal wear and tear excepted (and damage subject to any repair or restoration obligations of Landlord under Section 8.2 or Articles 18 and 19); (iii) remove all of Tenant’s Personal Property (other than its cabling) and perform all repairs and restoration required by fire the removal of any Alterations or other casualty excepted, first removing therefrom Tenant’s Personal Property; (iv) remove all goods Industry Improvements (as defined in the attached Exhibit B) and effects restore the area that included the Industry Improvements to generic office space consistent with the balance of the Tenant Premises and any leasehold improvements in accordance with plans approved in writing by Landlord specified for removal pursuant to Section 4.2(which approval may not unreasonably be withheld or delayed); and (v) take all action, and repairing pay all damage caused costs, necessary to provide Landlord with an environmental site assessment in accordance with the ASTM Standards for Phase I Environmental Assessments most recently adopted at the time, subject to follow-up testing if recommended by such removalassessment, effective as of the Expiration Date, from a reputable, licensed environmental engineering company acceptable to Landlord in form and substance reasonably acceptable to Landlord establishing that the Premises are free of any Hazardous Materials (other than those for which Landlord is responsible for remediating under Article 25 below) or otherwise recommending that no further action be taken with respect o the Premises as to Hazardous Materials, and all materials and permits have been properly decommissioned. Upon Tenant is considered to remain in possession of the expiration Premises until each of the foregoing is satisfied, during which period all Tenant obligations under this Lease remain in effect, including payment of rent at the holdover rate(s) described below, if applicable. Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date or earlier termination of this Lease or if the Premises should be abandoned as required by the Tenant, or this Lease should terminate for any cause, and at the time of by giving written notice to Tenant. Any such expiration, vacation, abandonment or termination, the Tenant Alterations or Tenant’s agents, subtenants Personal Property that Landlord elects to retain or dispose of will vest in Landlord immediately on notice to Tenant. Tenant waives all claims against Landlord for any other person should leave any property damage to Tenant resulting from Landlord’s retention or disposition of any kind such Alterations or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property’s Personal Property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way is liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition Landlord’s costs of storing, removing or disposing of any such propertyAlterations or Tenant’s Personal Property. If the Tenant fails to surrender possession of the Premises upon to Landlord on the expiration Expiration Date or sooner earlier termination of this Lease, the Tenant shall pay to indemnify Landlord against all liabilities, damages, losses, costs, expenses, attorneys’ fees and claims resulting from such failure, including any claim for damages made by a succeeding tenant. If Tenant, with Landlord’s consent, as rent for any period remains in possession of the Premises after the expiration Expiration Date or sooner earlier termination of this Lease an amount equal Lease, such possession by Tenant shall be deemed to one hundred fifty percent (be a month-to-month tenancy terminable on 30-days’ written notice given at any time by Landlord or Tenant. During any such month-to-month tenancy, Tenant shall pay, as Basic Monthly Rent, 150%) % of the Annual Fixed Basic Monthly Rent in effect immediately before the Expiration Date or earlier termination of this Lease, as the case may be, unless Landlord and the Additional Rent required to be paid under Tenant mutually agree otherwise in writing. All provisions of this Lease as applied other than those pertaining to Term apply to any period in which such month-to-month tenancy. (Note that a 60-day extension option is available to Tenant under Addendum No. 2 to this Lease.) Notwithstanding anything to the Tenant shall remain in possession. Acceptance by the Landlord of such payments contrary herein, Tenant’s surrender obligations shall not constitute a consent include restoration of Lxxx 2 Lobby TI Work to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect condition preceding such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by lawwork.

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term term hereof and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of Tenant that are not attached to the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removalDemised Premises. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, vacation, abandonment or termination, the Tenant or Tenant’s 's agents, subtenants or any other person should leave any property of any kind kind, or character character, on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, thereof without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord and as compensation for the removal and disposition of such property. Tenant agrees to reimburse Landlord for any expenses Landlord may incur in the removal or disposal of Tenant's property, trash, or debris left in the Demised Premises after the expiration of this Lease. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent THREE (150%3) of times the Annual Fixed Rent and the Additional Rent monthly rent required to be paid under this Lease as applied to any period in which during the Tenant shall remain in possessionlast year of term hereof. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s 's rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s 's right of re-entry, Landlord’s 's right to collect such damages as may be available at law, or any other rights of the Landlord under this Lease or as provided by law. AN IT IS MUTUALLY UNDERSTOOD AND AGREED that the covenants and agreements contained in this Lease shall be binding upon the parties hereto and upon their respective successors, assigns and legal representatives.