Common use of SURRENDER OF PREMISES; HOLDING OVER Clause in Contracts

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of Tenant's furniture and equipment which is not affixed to the Premises so as to become a fixture (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord. Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 days after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of Tenant's furniture trade fixtures, furniture, trade equipment and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 sixty (60) days after prior to the end of the TermTerm and provided that the installation or construction of the applicable alteration, unless improvement, additions, fixture or wiring was not consented to by Landlord has specifically agreed in writing (unless at the time of consent, Landlord informed Tenant that such items item would need not to be so removedremoved upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the BuildingBuilding or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a)Section.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) 3A remove all signage placed on the Premises by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of Tenant's furniture and equipment which is not affixed to the Premises so as to become a fixture (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord. Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 days after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. Upon the expiration of the Term of this Lease including any extension periods, Tenant shall surrender to Landlord the Premises and all Tenant Improvements and/or alterations in good condition, except for (ai) No act by Landlord ordinary wear and tear, (ii) the effects of casualty or condemnation (except as provided hereunder), (iii) Hazardous Materials that are not the responsibility of Tenant hereunder, and (iv) alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 14 herein; provided, however, Tenant acknowledges and agrees that Tenant shall be an acceptance required, at its sole cost and expense, to remove all of a surrender Tenant’s Work (with the exception of the PremisesNon-Removal Items defined below) from the Premises if requested by Xxxxxxxx in its sole and absolute discretion. Subject to Paragraph 14, Tenant shall perform all restoration made necessary by the removal of any alterations or Tenant’s personal property before the expiration of the Term, including, for example, restoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may elect to retain or dispose of in any manner Tenant’s personal property not removed from the Premises by Tenant prior to the expiration of the Term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Xxxxxxxx’s retention or disposition of Xxxxxx’s personal property. Tenant shall be liable to Landlord for Landlord’s costs for storage, removal or disposal of Tenant’s personal property. Notwithstanding anything to the contrary contained in this Lease, any trade fixtures, cranes and no agreement other operations related equipment or conveyances installed by Tenant (whether bolted to accept a surrender the floor, attached to process piping or attached by venting, ducting or other similar appurtenances to the Building) shall at all times be and remain the sole property of Tenant and Tenant can remove such equipment from the Premises at any time so long as Tenant repairs alt damage to the Premises caused by such removal to Landlord’s reasonable satisfaction. For purposes of this Paragraph above, the term “Non-Removal Items” shall be deemed to mean the following portions of Tenant’s Work: Roof Replacement Work, Immediate Occupancy/Seismic Work, Transformer Work and HVAC Chiller Replacement Work. If Xxxxxx, with Xxxxxxxx’s consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be valid unless it is deemed to be a month-to-month tenancy terminable on written thirty (30) day notice at any time, by either party. All provisions of this Lease, except those pertaining to Term and rent, shall apply to the month-to-month tenancy. During such month-to-month tenancy, Tenant shall pay monthly rent in writing and signed an amount equal to 150% of Basic Rent for the last full calendar month during the immediately preceding Term plus 100% of additional rent as provided in Paragraph 11 (Taxes), Paragraph 13 (Maintenance), Paragraph 16 (Insurance), subject to increase as provided therein. Any such holdover rent shall be paid on a per month basis without reduction for partial months during the holdover. Acceptance by LandlordLandlord of rent after such expiration or earlier termination shall not constitute consent to a hold over hereunder or result in an extension of this Lease. At This paragraph shall not be construed to create any express or implied right to holdover beyond the end expiration of the Term or the termination of Tenant's right any extension thereof. If Xxxxxx fails to possess the Premises, Tenant shall (1) deliver to Landlord surrender the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises by after expiration or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of Tenant's furniture and equipment which is not affixed to the Premises so as to become a fixture (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord. Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 days after the end termination of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for indemnify, defend and hold harmless Landlord from all reasonably foreseeable loss or liability, including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant founded on or resulting from Xxxxxx’s failure to surrender and losses to Landlord due to lost opportunities to lease any portion of the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike mannerPremises to succeeding tenants, together with, in accordance with all Lawseach case, actual attorneys’ fees and so as not to damage the Building. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a)costs.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord On the last day or sooner termination of the Term of this Lease, Tenant shall be an acceptance of a quit and surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises together with all improvements located thereon alterations and Utility Installations, vacant and free of all tenancies (except those Landlord elects to assume) and any leasehold rights therein and in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver normal wear and tear and casualty and condemnation excepted, broom clean, free of known violations, without regard to the condition of the Premises on the Commencement Date, and shall surrender all keys for the Premises to Landlord at the place then Amended and Restated Master Lease - Par Petroleum - 22 Property 10978268v3 6 fixed for the payment of rent and shall inform Landlord of all keys to combinations of locks, safes, and vaults, if any, in the Premises. If Tenant does not do so, then after expiration of this Lease, Tenant will be a tenant at will upon the applicable conditions of this Lease. In such event the Base Monthly Rent payable shall be increased by fifty percent (50%) over the rent payable during the last full month of the Term. If the Premises are not surrendered by Tenant within thirty (30) days after the expiration or earlier termination of the Lease, Tenant shall Indemnify Landlord from and against all Claims resulting from the delay by Tenant in so surrendering the Premises, and (3) remove all signage placed including without limitation, any Claims made by any succeeding occupant or purchaser founded on the Premises by or at such delay. Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of Tenant's furniture and equipment which is not affixed to the Premises so as to become a fixture (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord. Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 days after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant ’s obligations under this Section 16.(a) shall be coordinated with Landlord survive the expiration or earlier termination of this Lease. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. “Normal wear and be done in a tear” shall not include any loss of use that would have been prevented by good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a)customary maintenance practice.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises Premises, the Building, or the Land by or at Tenant's request, and (4) deliver the Premises in the condition set forth on Exhibit E attached hereto. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all of Tenant's furniture unattached trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 thirty (30) days after the end of the TermTerm and provided that the installation or construction of the applicable alteration, unless improvement, additions, fixture or wiring was not consented to by Landlord has specifically agreed in writing (unless at the time of consent, Landlord informed Tenant that such items item would need not to be so removedremoved upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 26. All work required of Tenant under this Section 16.(a) 16 shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the BuildingBuilding or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a)16.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance Tenant agrees on the last day of a the Term, or on the sooner termination of this Lease, to surrender of the Premises, together with all alterations, additions, and no agreement to accept a surrender of improvements which may have been made in, to, or on the Premises shall be valid unless it is (except moveable trade fixtures installed at the expense of Tenant and subject to Landlord's election under Section 11(a), if any), promptly and peaceably to Landlord in writing good condition and signed repair (normal wear and tear excepted), including, without limitation: all interior walls freshly painted or cleaned so that they appear freshly painted; all tile floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred, stained or non-conforming acoustical ceiling tiles replaced; all windows washed inside; the air conditioning and heating systems serviced by Landlorda reputable and licensed service firm, left in good operating condition and repair as so certified to by such firm; the plumbing, electrical, and lighting systems left in good order and repair, including replacement of any burned out, discolored, or broken light bulbs, ballasts, or lenses. At If Tenant fails to surrender the Premises at the end of the Term or the other sooner termination of Tenant's right to possess this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, Tenant shall (1) deliver to Landlord including, without limitation, any claims made by any succeeding tenant founded on such delay. No act of conduct of Landlord, whether consisting of the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with acceptance of the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by or at Tenant's request. All fixtures, alterations, additionsTenant prior to the expiration of the Term hereof, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all acceptance by Landlord of Tenant's furniture and equipment which is not affixed to the Premises so as to become a fixture (i.e, unattached items and items which are temporarily attached surrender by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. Additionally, The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of not work as a Tenant Party as Landlord may request, provided such request is made within 30 days after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed shallmerger and, at the option of Landlord, be deemed abandoned by Tenant and shall either terminate all existing subleases or operate as an assignment or attornment to Landlord of such subleases as Landlord may be appropriatedelect to retain. After the expiration or earlier termination of this Lease, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike mannerexecute, in accordance with all Lawsacknowledge, and so as not deliver to damage the Building. Tenant shallLandlord, at its expensewithin ten (10) days after written demand from Landlord to Tenant, repair all damage caused any quitclaim deed or other document required by any work performed reputable title company, licensed to operation in the State of California, to remove the cloud or encumbrance created by Tenant under this Section 16.(a)Lease from the real property containing the Premises.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's ’s right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's ’s maintenance obligations) excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises Premises, the Building, or the Land by or at Tenant's ’s request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's ’s property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of Tenant's furniture trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant and described on Exhibit “C” (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvementsimprovements (so long as Landlord has provided written notice to Tenant as required in Section 6 of this Lease), fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 days six (6) months after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items so requested to be moved which are not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 21 below. All work required of Tenant under this Section 16.(a16(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all applicable Laws, and so as not to damage the BuildingBuilding or unreasonably interfere with other tenants’ use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a16(a).. Without limiting the generality of the foregoing, delivery of the Premises in compliance with this Section 16(a) shall require that Tenant cause the following (which is not an exclusive list) to be true as of the date of surrender:

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's ’s right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's ’s maintenance obligations) and damage by casualty or condemnation excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises Premises, the Building, or the Land by or at Tenant's ’s request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's ’s property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all of Tenant's furniture trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove the UPS System and the Generator & Diesel Tank and such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to from the extent that Premises or such items were constructed other property in the Project installed or installed owned by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 20 days after the end of the Term; however, unless Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing that such items the improvement or addition in question need not be so removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 26. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the BuildingBuilding or unreasonably interfere with other tenants’ use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term expiration or the termination of Tenant's right to possess the Premisesthis Lease, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon therein in good repair and condition, broom-clean, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, and (3) remove all signage placed on the Premises by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of Tenant's furniture unattached trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-or elsewhere in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by LandlordTenant. Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, furnitureconduits, cabling and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party furniture as Landlord may request, provided and repair all damage caused by such request is made within 30 days after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removedremoval. All items not so removed shall, at the option of Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Tenant and without any obligation to account for such items items. The provisions of this Section shall survive the expiration or earlier termination of the Lease. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over, Tenant shall pay, in addition to the other Rent, Base Rent equal to one hundred fifty percent (150%) of the Base Rent payable during the last month of the Term and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required otherwise continue to be subject to all of Tenant Tenant’s obligations under this Lease. The provisions of this Section 16.(a) shall not be coordinated with deemed to limit or constitute a waiver of any other rights or remedies of Landlord and be done in a good and workmanlike mannerprovided herein or at Law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in accordance with addition to any other liabilities to Landlord accruing there from, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Lawsloss, costs, including reasonable attorneys’ fees, and so as not to damage the Building. Tenant shallliability resulting from such failure, at its expense, repair all damage caused including any claims made by any work performed by Tenant under this Section 16.(a)succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting there from.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of 20.1 Tenant shall, on the Premises, and no agreement to accept a surrender Termination Date or upon any re-entry of the Premises shall be valid unless it is in writing and signed by Landlord. At , immediately and peaceably quit and surrender the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver Premises to Landlord the Premises with all improvements located thereon in good repair or its designee, without fraud or delay, broom clean and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver ordinary wear and tear excepted, free and clear of all tenancies, occupancies, liens, charges, encumbrances and other defects in title, except those to which Landlord all keys to the Premises, and (3) remove all signage placed on the Premises by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided has consented in the next two sentenceswriting. Tenant may shall, upon the Termination Date or any re-entry by Landlord, remove all of Tenant's furniture Equipment from the Premises and equipment completely repair all damage to the Office Building Project or to any part thereof caused by such removal. . All other articles of personal property located at the Premises, including, without limitation (i) items owned by Landlord, (ii) items owned by third parties, and (iii) all building equipment, facilities, fixtures, building machinery, utility systems and articles of personal property which is not have been built into or permanently affixed to the Premises so as at any time prior to become a fixture or during the Term and which cannot be removed without material damage (i.ein the reasonable opinion of Landlord) to the Premises, unattached items are expressly excluded from the definition of Tenant's Equipment and items may not be removed by Tenant at any time prior to, at or after the Termination Date. All Tenant's Equipment which are temporarily attached by bolts remains on the Premises after the Termination Date and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord. Additionally, Tenant shall fails to promptly remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed equipment upon demand by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 days after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed shall, at the option of Landlord, shall be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building. Tenant shallmay, at its option (but subject to the rights of third parties), either cause such property to be placed into public storage for Tenant's account, retain the same as it own property or otherwise dispose of the same, in any case at Tenant's sole expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and conditioncondition in accordance with the Tenant's maintenance obligations, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repairexpected, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises Premises, or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all of Tenant's furniture unattached trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 thirty (30) days after the end of the TermTerm and provided that the installation or construction of the applicable alteration, unless improvement, additions, fixture or wiring was not consented to by Landlord has specifically agreed in writing (unless at the time of consent, Landlord informed Tenant that such items item would need not to be so removedremoved upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 26. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage Initials LGH ----------- -------- Date 3/22/00 ----------- -------- the BuildingBuilding or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a16(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender Tenant agrees on the last day of the PremisesTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (normal wear and tear excepted), including without limitation: all tile floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred, stained or non-conforming acoustical ceiling tiles replaced; all windows washed inside and out; the air conditioning and heating systems serviced by a reputable and licensed service firm, left in good operating condition and repair relative to its age as so certified to by such firm; the plumbing, electrical and lighting systems left in good order and repair, including replacement of any burned out, discolored or broken light bulbs, ballasts or lenses; the lawn, shrubs and trees in good condition including the replacement of any dead or damaged plantings; the sidewalk, driveways and parking areas in good order, condition and repair, any damaged surface or other portion having been repaired or replaced, together with all alterations, additions, and no agreement to accept a surrender of improvements which may have been made in, to, or on the Premises shall be valid unless it is in writing and signed by Landlord(except moveable trade fixtures installed at the expense of Tenant). At If Tenant fails to surrender xxx Xremises at the end of the Term or the other sooner termination of Tenant's right to possess the Premisesthis Lease, then Tenant shall (1) deliver to indemnify Landlord against loss or liability resulting from the Premises with all improvements located thereon delay by Tenant in good repair and conditionso surrendering xxx Xremises, reasonable wear and tear (subject however to Tenant's maintenance obligations) exceptedincluding, and with without limitation, any claims made by any succeeding tenant founded on such delay. No act of conduct of Landlord, whether consisting of the HVAC System, and acceptance of the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by or at Tenant's request. All fixtures, alterations, additionsTenant prior to the expiration of the Term hereof, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all acceptance by Landlord of Tenant's furniture and equipment which is not affixed to the Premises so as to become a fixture (i.e, unattached items and items which are temporarily attached surrender by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. Additionally, The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of not work as a Tenant Party as Landlord may request, provided such request is made within 30 days after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed shallmerger and, at the option of Landlord, be deemed abandoned by Tenant and shall either terminate all existing subleases or operate as an assignment or attornment to Landlord of such subleases as Landlord may be appropriatedelect to retain. After the expiration or earlier termination of this Lease, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord in connection therewith. All work to Tenant, any quitclaim deed or other document required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building. Tenant shall, at its expense, repair all damage caused by any work performed reputable title company, licensed to operation in the State of California, to remove the cloud or encumbrance created by Tenant under this Section 16.(a)Lease from the real property containing the Premises.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises Premises, the Building, or the Land by or at Tenant's request. All Building fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all of Tenant's furniture equipment, trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). For purposes of clarification of the foregoing, Landlord agrees that Tenant may remove any equipment used in Tenant’s business operations from the Premises. Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 thirty (30) days after the end of the TermTerm and provided that the installation or construction of the applicable alteration, unless improvement, additions, fixture or wiring was not consented to by Landlord has specifically agreed in writing (unless at the time of consent, Landlord informed Tenant that such items item would need not to be so removedremoved upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 26. All work required of Tenant under this Section 16.(a) 16 shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the BuildingBuilding or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a)16.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair substantially the same condition existing on the date that this Lease is fully executed and conditiondelivered by Landlord and Tenant, reasonable wear and tear (subject however to TenantLandlord's maintenance obligations) and damage by casualty and condemnation excepted, and with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises Premises, the Building, or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises (including the demising wall installed by Tenant pursuant to Section 1[c] above) except as provided in the next two sentences. Tenant may shall remove all of Tenant's furniture trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or substantially in part, by Landlord) as well as any moveable equipment located in the Premises. Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other furniture property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made have requested in writing at the time of consenting to the same pursuant to the last sentence of Section 6.(a). All items requested to be removed which are not so removed within 30 days after the end expiration of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed Term shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and and. Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a15.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all applicable Laws, and so as not to damage the BuildingBuilding or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a15.(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentencesbelow. Tenant may remove all of Tenant's furniture trade fixtures (including the clean room, ultra-pure gas farm area, and equipment which is not affixed to ultrapure water farm area), furniture, and personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, if the Term has not been cancelled in accordance with Section 27 hereof, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, cabling, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 days two months after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the BuildingPremises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term, early termination of the Term as provided herein or the termination of Tenant's ’s right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's ’s maintenance obligations) and damage by fire or other casualty excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition reasonable wear and repairtear and damage by fire or other casualty excepted (subject, however, to Tenant’s maintenance obligations), (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises Premises, the Building, or the Land by or at Tenant's ’s request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's ’s property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of Tenant's furniture trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant and described on Exhibit "C" (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvementsimprovements (except as otherwise provided in Section 6 of this Lease), fixtures, equipment, voice and data wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 not less than thirty (30) days after prior to the end of the Term. Notwithstanding anything to the contrary contained herein, unless Landlord has specifically agreed Tenant shall not remove the initial Improvements (as defined in writing that such Exhibit “B”).All items need not so requested to be so removed. All items moved which are not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the reasonable costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 26 below. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all applicable Laws, and so as not to damage the BuildingBuilding or unreasonably interfere with other tenants’ use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).. Without limiting the generality of the foregoing, delivery of the Premises in compliance with this Section 16.(a) shall require that Tenant cause the following (which is not an exclusive list) to be true as of the date of surrender:

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition and repair, (2) deliver to Landlord all keys at least one key for each lock to the Premises, and (3) remove all signage placed on the Premises Premises, the Building, or the Project by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all of Tenant's furniture unattached trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall be required to remove only such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may requesthas previously requested be removed, provided such request is made within 30 days after the end of the Termpursuant to Section 6 here in above, unless Landlord has specifically agreed in writing that such items need and not be so removedPermitted Alterations. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure. All work required of Tenant under this Section 16.(a16(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the BuildingBuilding or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a16(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and any remaining light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises Premises, the Building, or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of Tenant's furniture trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant and described on EXHIBIT "C" (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may requestrequest in writing (excluding the Initial Improvements described on EXHIBIT "B"), provided such request is made within 30 days six (6) months after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items so requested to be moved which are not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 26 below. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all applicable Laws, and so as not to damage the BuildingBuilding or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).. Without limiting the generality of the foregoing, delivery of the Premises in compliance with this Section 16.(a) shall require that Tenant cause the following (which is not an exclusive list) to be true as of the date of surrender:

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises Premises, the Building or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all of Tenant's furniture unattached trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 fifteen (15) days after the end of the TermTerm and provided that the installation or construction of the applicable alteration, unless improvement, additions, fixture or wiring was not consented to by Landlord has specifically agreed in writing (unless at the time of consent, Landlord informed Tenant that such items item would need not to be so removedremoved upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs (if a sale, after deducting proceeds of sale of such items) incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the BuildingBuilding or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance Tenant agrees that, on the last day of a the Lease Term, or on the sooner termination of this Lease, to surrender of the Premises, and no agreement to accept a surrender together with all Tenant Improvements (excepting any Tenant Improvements as shall have been specifically identified for removal by Landlord at the time that Landlord gives its written approval of the "Tenant Improvement Plans" and the "Tenant Improvement Working Drawings," as the same are defined in Section 2.02 of Exhibit C), Alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant and Landlord approved Alterations subject to Landlord's notice, if any, under Section 11 (a), which shall be valid unless it is removed in writing accordance with Section 11), promptly and signed peaceably to Landlord in good condition and repair (normal wear and tear excepted), including, without limitation: all interior walls cleaned; all tile floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; all windows washed inside; the air conditioning and heating systems serviced by Landlorda reputable and licensed service firm, left in good operating condition and repair as so certified to by such firm; the plumbing, electrical, and lighting systems left in good order and repair, including replacement of any burned out, discolored, or broken light bulbs, ballasts, or lenses. At If Tenant fails to surrender the Premises at the end of the Lease Term or the other sooner termination of Tenant's right this Lease (except if and to possess the extent any such failure of surrender arises from the grossly negligent acts or material omissions of Landlord, its contractors, agents or employees), then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, Tenant shall (1) deliver to Landlord including, without limitation, any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with acceptance of the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by or at Tenant's request. All fixtures, alterations, additionsTenant prior to the expiration of the Lease Term, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. acceptance by Landlord of surrender by Tenant may remove all of Tenant's furniture and equipment which is not affixed prior to the Premises so as to become expiration of the Lease Term shall only flow from and must be evidenced by a fixture (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, written acknowledgment of acceptance of surrender signed by Landlord. Additionally, The voluntary or other surrender of this Lease or the Premises by Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property or a mutual cancellation of this Lease prior to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 days after the end expiration of the Term, unless Landlord has specifically agreed in writing that such items need Lease Term shall not be so removed. All items not so removed shallwork as a merger and, at the option of Landlord, be deemed abandoned by Tenant and shall either terminate all existing subleases or operate as an assignment or attornment to Landlord of such subleases as Landlord may be appropriatedelect to retain. After the expiration or earlier termination of this Lease, soldso long as Landlord is not in material default hereunder, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike mannerexecute, in accordance with all Lawsacknowledge, and so as not deliver to damage the Building. Tenant shallLandlord, at its expensewithin ten (10) days after written demand from Landlord to Tenant, repair all damage caused any quitclaim deed or other document required by any work performed reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by Tenant under this Section 16.(a)Lease from the real property containing the Premises.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises Premises, by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all of Tenant's furniture Removable Items, unattached trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may requestrequest except for items that Landlord has specifically agreed in writing need not be removed by Tenant at the end of the Term, provided such request is made within 30 days six months after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 27. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance Upon the termination or the expiration of a surrender of the Premisesthis Lease, Tenant shall: (a) peaceably quit, deliver up, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises broom-clean with all improvements located thereon therein in good repair and condition, reasonable normal wear and tear excepted (subject however except for condemnation and Casualty damage, as to Tenant's maintenance obligations) excepted, which Sections 7.1 and with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment7.2 shall control), light free of all claims and light fixtures Liens other than the Permitted Encumbrances existing on the date of this Lease or others that Landlord has specifically consented to in writing and free of all Hazardous Materials existing or placed on the Premises during the Term by any Tenant Party; (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2b) deliver to Landlord all keys to the Premises, Premises and all access cards to the Property; (3c) remove all signage unattached trade fixtures, furniture, and personal property placed on in the Premises or elsewhere in the Property by or at Tenant's request. All fixtures, alterations, additions, a Tenant Party and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on unattached equipment located in the Premises except as provided in the next two sentences. (but Tenant may remove all of Tenant's furniture and equipment which is not affixed to the Premises so as to become a fixture (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord. AdditionallyLandlord unless Landlord requires such removal); (d) abandon and leave in place, without additional payment to Tenant or credit against Rent, any and all cabling (including conduit) installed in the Premises or elsewhere in the Property by or on behalf of a Tenant Party, including all connections for such cabling, in a neat and safe condition in accordance with the requirements of all applicable Legal Requirements, including the National Electric Code or any successor statute, and terminated at both ends of a connector, properly labeled at each end and in each electrical closet and junction box; (e) subject to Sections 6.4(d) and 6.4(e) above, remove such Alterations made after the Commencement Date as Landlord may require (however, Tenant shall not be required to remove (1) the Alterations installed by Tenant in conjunction with demising the portion of the Premises on the third and fourth floors of B300 from the balance of the Premises or (2) any alterations, additions or improvements made to the Premises prior to the Commencement Date); and (f) subject to Sections 6.4(d) and 6.4(e) above, remove such alterationsTenant Maintained Off-Premises Equipment and any dedicated or supplemental heating, additionsventilating and/or air conditioning systems, improvementscomputer power, fixturestelecommunications and/or other special units or systems of exclusively serving the Premises and installed following the Commencement Date (whether such items are deemed Off-Premises Equipment, equipment, wiring, furniture, personal property or Alterations and other property regardless of whether such items are attached or not attached to the extent that such items were constructed Premises or installed by or under the direction of a Tenant Party Property) as Landlord may request, provided such request is made within 30 days after require. Tenant shall repair all damage caused by the end removal of the Termitems described in Section 10.13(a) above. If Tenant fails to remove any property required to be removed by Tenant under the terms of this Lease, unless Landlord has specifically agreed in writing that may, at Landlord’s option, (1) deem such items need not be so removed. All items not so removed shallto have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at the option of no cost to Landlord, be deemed abandoned by Tenant and such items may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant items; any such disposition shall pay for not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the costs incurred by Landlord in connection therewith. All security interest granted hereunder or otherwise, (2) remove such items, perform any work required of to be performed by Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Lawshereunder, and so as not to damage the Building. Tenant shall, at its expense, repair all damage caused by such work, and Tenant shall reimburse Landlord on demand for any work performed by Tenant under expenses which Landlord may incur in effecting compliance with Tenant’s obligations hereunder (including reasonable collection costs and attorneys’ fees), plus interest thereon at the Interest Rate, or (3) elect any of the actions described in clauses (1) and (2) above as Landlord may elect in its sole discretion. The provisions of this Section 16.(a)10.13(a) shall survive the end of the Term.

SURRENDER OF PREMISES; HOLDING OVER. (a) 20.1 No act by Landlord Xxxxxxxx shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it the same is made in writing and signed by Landlord. At the end of the Term expiration or the termination of Tenant's right to possess the Premisesthis Lease, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) and condemnation and fire or other casualty damage not caused by Tenant excepted, and with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) shall deliver to Landlord all keys to the Premises. Provided that Xxxxxx has performed all of its obligations hereunder, and (3) remove all signage placed on the Premises by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of Tenant's furniture unattached trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party furniture as Landlord may request, provided . Tenant shall repair all damage caused by such request is made within 30 days after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removedremoval. All items not so removed shall, at the option of Landlord, shall be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items and items. If Landlord incurs any cost in the storage or removal of any such items, Tenant shall pay for to Landlord on demand any and all such charges. The provisions of this paragraph shall survive the costs incurred by Landlord in connection therewith. All work required expiration or termination of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a)Lease.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of Tenant's furniture unattached trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed not previously approved by or under the direction of a Tenant Party Landlord, as Landlord may request, provided such request is made within 30 days one month after the end of the Term; however, Tenant shall not be required to remove any addition or improvements to the Premises unless Landlord has specifically agreed required in writing at the time of approval in accordance with Section 6 or Exhibit B that such items need not the improvement or addition in question must be so removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) 16 shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's ’s right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's ’s maintenance obligations) excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition reasonable wear and repairtear excepted, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises Premises, the Building, or the Land by or at Tenant's ’s request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's ’s property and shall remain on the Premises except as provided in the next two sentences, and (4) deliver the Premises in the condition set forth on Exhibit E attached hereto. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all of Tenant's furniture unattached trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 thirty (30) days after the end of the TermTerm and provided that the installation or construction of the applicable alteration, unless improvement, additions, fixture or wiring was not consented to by Landlord has specifically agreed in writing (unless at the time of consent, Landlord informed Tenant that such items item would need not to be so removedremoved upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) 16 shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the BuildingBuilding or unreasonably interfere with other tenants’ use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a)16.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender Upon the expiration or sooner termination of the Lease Term, Tenant agrees to quit and surrender the Leased Premises, clean and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver to Landlord normal wear and tear and insured casualty excepted, together with all keys and combinations to the Premiseslocks, safes and (3) remove vaults and all signage placed on the Premises by or at Tenant's request. All fixturesimprovements, alterations, additions, fixtures, equipment and improvements decorations at any time made or installed in, upon or to the interior or exterior of the Leased Premises (whether temporary except movable furniture, furnishings, equipment and other personal property of Tenant put in at Tenant's expense), all of which shall thereupon become the property of Landlord without any claim by Tenant therefor, but the surrender of such property to Landlord shall not be deemed to be a payment of rent or permanent) in lieu of any rent reserved hereunder. Before surrendering the Leased Premises, Tenant shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of Tenant's furniture and equipment which is not affixed to the Premises so as to become a fixture (i.esaid personal property and, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by at Landlord. Additionally's option, Tenant shall also, at Tenant's expense, remove such any alterations, additions, improvementsfixtures or equipment that contains or constitutes a "Hazardous Substance" (as defined in Article 5 such that the disposal of the same to a sanitary landfill is not permitted or is otherwise regulated under applicable law), fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed at any time made or installed by Tenant in, upon or under to the direction Leased Premises, and Tenant further agrees to repair any damage caused thereby. If Tenant shall fail to remove any of a Tenant Party as Tenant's said personal property or other property required by Landlord may requestto be removed, provided such request is made within 30 days after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed said property shall, at the option of Landlord, either be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant's expense, or Landlord shall have the right to remove and store said property, at the expense of Tenant, without further notice to or demand upon Tenant and hold Tenant responsible for any and all charges and expenses incurred by Landlord therefor. If the Leased Premises be not surrendered as and when aforesaid, Tenant shall indemnify Landlord against all loss or liability resulting from the delay by Tenant in so surrendering the same, including without limitation, any obligation to account claims made by any succeeding occupant founded on such delay. If Tenant shall remain in possession of the Leased Premises, or any part thereof, for such items and any period after the termination of this Lease in any of the ways above-named, Tenant shall pay for one and one-half (1.5) times the costs incurred by Landlord in connection therewithrent as a month-to-month hold over tenant until such holding over shall cease. All work required of Tenant Tenant's obligations under this Section 16.(a) Article shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage survive the Building. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a)expiration or sooner termination of the Lease Term.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon thereon, other than the Backup Equipment and Tenant's security system, in good repair and conditionin working order, reasonable wear and tear (subject however to Tenant's maintenance obligations) and damage by casualty or condemnation excepted, and with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises by or at Tenant's request. request All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of the Backup Equipment as well as Tenant's furniture security system and equipment which is not affixed to all unattached fixtures, furniture, and personal property placed in the Premises so as to become a fixture (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord. Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may requestrequest unless Landlord has specifically approved in writing the installation thereof and did not indicate to Tenant in writing, provided when such request is made within 30 days after approval was granted, that Tenant would have to remove the item at the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises and Equipment Yard Area shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the PremisesPremises and Equipment Yard Area, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in reasonably good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) and damage due to casualty and condemnation excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in reasonably good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises Premises, the Building, or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) including raised flooring and transformers, shall be Landlord's property and shall remain on the Premises or Equipment Yard Area except as provided in the next two sentencessentences and in 16(b) below. Tenant may remove renovate all of Tenant's furniture trade fixtures, furniture, equipment and equipment which is not affixed to personal property placed in the Premises so as to become a fixture and the Equipment Yard Area by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord) provided that Tenant shall repair any damage caused by such removal. Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, restore the Building and other property associated parking area to the extent that such items were constructed or installed by or under original Building Shell condition (except for the direction of a Tenant Party office area) as Landlord may request, provided such request is made within 30 days after three (3) months prior to the end termination of the Term, unless Landlord has specifically agreed in writing that such items need not be so removedLease. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 16(a). All work required of Tenant under this Section 16.(aSections 16(a) and 16(b) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the BuildingBuilding or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(aSections 16(a) and 16(b).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, . Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentencesbelow. Tenant may remove all of Tenant's furniture trade fixtures (including the clean room, ultra-pure gas farm area, and equipment which is not affixed to ultra-pure water farm area), furniture, and personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, if the Term has not been cancelled in accordance with Section 27 hereof, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, cabling, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 days two months after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the BuildingPremises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and conditioncondition in accordance with Tenant's maintenance obligations, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises Premises, or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all of Tenant's furniture unattached trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, ,additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 thirty (30) days after the end of the TermTerm and provided that the installation or construction of the applicable alteration, unless improvement, additions, fixture or wiring was not consented to by Landlord has specifically agreed in writing (unless at the time of consent, Landlord informed Tenant that such items item would need not to be so removedremoved upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 26. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the BuildingPremises or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance Tenant agrees on the last day of a the Term, or on the sooner termination of this Lease, to surrender of the Premises, together with all alterations, additions, and no agreement improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant and subject to accept a surrender Landlord's election under Section 11 (a), if any), promptly and peaceably to Landlord in good condition and repair (normal wear and tear excepted). If the Lease expires upon the expiration of the initial Lease Term (without exercise of any extension options) Tenant's surrender obligation shall include, without limitation: all interior walls freshly painted or cleaned so that they appear freshly painted; all tile floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred, stained or non-conforming acoustical ceiling tiles replaced; all windows washed inside; the air conditioning and heating systems serviced by a reputable and licensed service firm, left in good operating condition and repair as so certified to by such firm; the plumbing, electrical, and lighting systems left in good order and repair, including replacement of any burned out, discolored, or broken light bulbs, ballasts, or lenses. If Tenant fails to surrender the Premises shall be valid unless it is in writing and signed by Landlord. At at the end of the Term or the other sooner termination of Tenant's right to possess this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, Tenant shall (1) deliver to Landlord including, without limitation, any claims made by any succeeding tenant founded on such delay. No act of conduct of Landlord, whether consisting of the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with acceptance of the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by or at Tenant's request. All fixtures, alterations, additionsTenant prior to the expiration of the Term hereof, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all acceptance by Landlord of Tenant's furniture and equipment which is not affixed to the Premises so as to become a fixture (i.e, unattached items and items which are temporarily attached surrender by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. Additionally, The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of not work as a Tenant Party as Landlord may request, provided such request is made within 30 days after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed shallmerger and, at the option of Landlord, be deemed abandoned by Tenant and shall either terminate all existing subleases or operate as an assignment or attornment to Landlord of such subleases as Landlord may be appropriatedelect to retain. After the expiration or earlier termination of this Lease, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike mannerexecute, in accordance with all Lawsacknowledge, and so as not deliver to damage the Building. Tenant shallLandlord, at its expensewithin ten (10) days after written demand from Landlord to Tenant, repair all damage caused any quitclaim deed or other document required by any work performed reputable title company, licensed to operation in the State of California, to remove the cloud or encumbrance created by Tenant under this Section 16.(a)Lease from the real property containing the Premises.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System, System and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment, and roof equipment in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises Premises, the Building or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all of Tenant's furniture unattached trade fixtures, furniture, and equipment which is not affixed to personal property placed in the Premises so as to become a fixture by Tenant (i.e, unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvementsimprovement, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 fifteen (15) days after the end of the TermTerm and provided that the installation or construction of the applicable alteration, unless improvement, additions, fixture or wiring was not consented to by Landlord has specifically agreed in writing (unless at the time of consent, Landlord informed Tenant that such items item would need not to be so removedremoved upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs (if a sale, after deducting proceeds of sale of such items) incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a16 (a.) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the BuildingBuilding or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a16(a.).