Common use of Surrender of Premises Clause in Contracts

Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.

Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant commenced business operations therein, reasonable wear and tear and damage by fire or other casualty excepted and subject to Tenant’s right obligations under Paragraphs 12, 13, 38 and 39 and the Tenant Improvement Agreement. Tenant shall remove all of its debris from the Project. At or before the time of surrender, Tenant shall comply with the terms of Paragraph 12 with respect to possession hereunderthe removal of Alterations to the Premises, LandlordParagraph 13 with respect to the removal of Tenant’s Signs, Paragraph 38 with respect to the removal of Equipment, Paragraph 39 with respect to removal of Lines, and Section 10 of the Tenant Improvement Agreement with respect to the removal of Tenant Improvements. To the extent any such provisions of this Lease or the Tenant Improvement Agreement require Tenant to remove Alterations, Tenant’s Signs or Tenant Improvements, Tenant, at Tenant’s sole cost and expensesexpense, shall be entitled remove such items and perform such repair and restoration work prior to remove and/or store such Tenant’s Property and Landlord the expiration or upon the earlier termination of this Lease. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, the provisions of Paragraph 26 hereof shall apply. All keys to the Premises or any part thereof shall be in no event be responsible for surrendered to Landlord upon expiration or sooner termination of the value, preservation or safekeeping thereofTerm. Tenant shall pay meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. If Tenant fails to participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. Any delay caused by Tenant’s failure to carry out its obligations under this Paragraph 36 beyond the term hereof, upon demandshall constitute unlawful and illegal possession of Premises under Paragraph 26 hereof. Any personal property of any kind remaining in the Premises after the expiration or sooner termination of this Lease shall become the personal property of Landlord. Tenant hereby relinquishes all right, title and interest in the personal property and agrees that Landlord may dispose of the personal property as it sees fit in its sole discretion. Tenant waives the provisions of California Civil Code Sections 1980 et seq. and 1993 et seq. governing the disposal of lost or abandoned property, and releases Landlord and Landlord Parties from any and all reasonable expenses caused by such removal and all storage charges against such Losses, whether now known or unknown, arising out of or relating to disposal of personal property so long as the same shall be remaining in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises after the expiration or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part sooner termination of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleLease.

Surrender of Premises. Upon All improvements to the terminationPremises (collectively, whether “Leasehold Improvements”) shall be owned by lapse of time Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove Tenant’s Removable Property (defined below) from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of tear, casualties and repairs that are not Tenant’s failure to perform maintenanceresponsibility hereunder, repairs excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by Tenant and located in the Premises or replacements as required other portions of the Building; (B) any Leasehold Improvements that are installed by Tenant under and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. Notwithstanding any provisions contained in this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the contrary, Landlord shall have the right to require Tenant to remove, at Tenant’s expense, upon the expiration or earlier termination of the Term, any Special Installations made or installed by Tenant or at Tenant’s expense in the Premises if, and make known only if, Landlord notifies Tenant to such effect in writing at the time of Landlord’s approval of the installation of such Special Installations. Notwithstanding the foregoing, Landlord the explanation of all combination locksmay, which in Landlord’s sole discretion and at no cost to Landlord, require Tenant is permitted to leave on any of its Special Installations in the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within one (1) day 2 days after the termination of this Lease, Lease or of Tenant’s right to possession hereunderpossession, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or and store such Tenant’s Property and Removable Property. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as incurred for Tenant’s Removable Property. To the same shall fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in possession of Landlord or under the control of Landlordpreceding sentence. In addition, if Tenant fails to remove any Tenant’s Removable Property from the Premises or storage, as the case may be, within ten (10) 30 days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Removable Property to have been abandoned be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and title thereof which shall immediately pass not be unreasonably withheld), Tenant may remain in the Premises for up to Landlord under 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease as is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by a bxxx Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of saletermination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without earlier termination of the Term of this Lease, Tenant will at once shall peaceably quit and surrender possession to Landlord the Premises in neat and vacate the Premisesclean condition and in good order, condition and repair, together with all Leasehold Improvements alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereofas hereinafter provided), to Landlord in good condition and repair, excepting only ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenanceuse and damage by fire or other casualty for which, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination other provisions of this Lease, Tenant has no responsibility to repair or restore. Tenant shall remove all of Tenant’s Removable Property, and, to the extent specified by Landlord, all alterations and additions made by Tenant; and shall repair any damages to the Premises or the Building caused by such removal. Notwithstanding anything to the contrary contained herein, Landlord shall not be entitled to require Tenant to remove any wiring or cabling from the Premises at the expiration of the Term unless (i) Tenant exercises its Acceleration Option in accordance with the terms of Article 17 of this Lease, or (ii) Tenant defaults under this Lease, and as a result thereof, Landlord terminates the Lease or Tenant’s right to possession hereunderof the Premises. Any Tenant’s Removable Property which shall remain in the Building or on the Premises after the expiration or termination of the Term of this Lease shall be deemed conclusively to have been abandoned, Landlordand either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleexpense.

Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s 's right to of possession without termination of the Leasehereunder, Tenant will at once surrender possession and vacate shall remove all Tenant's Property from the Premises, together with remove all Leasehold Improvements (except those Leasehold Improvements Tenant is required Required Removables designated by Landlord and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s 's Property within one five (15) day days after the termination of this Lease, Lease or Tenant’s 's right to possession hereunder, Landlord, at Tenant’s 's sole cost and expensesexpense, shall be entitled to remove and/or store such Tenant’s 's Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in the possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s 's Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s 's Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleLandlord.

Surrender of Premises. Upon All improvements to the terminationPremises (collectively, whether “Leasehold Improvements”) shall be owned by lapse of time Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove Tenant’s Removable Property (defined below) from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of . As used herein, the term “Tenant’s failure to perform maintenance, repairs Removable Property” shall mean: (A) Cable installed by or replacements as required for the benefit of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and make known repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord the explanation of all combination locksLandlord, which require Tenant is permitted to leave on any of its Special Installations in the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within one (1) day 2 days after the termination of this Lease, Lease or of Tenant’s right to possession hereunderpossession, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or and store such Tenant’s Property and Removable Property. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as incurred for Tenant’s Removable Property. To the same shall fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in possession of Landlord or under the control of Landlordpreceding sentence. In addition, if Tenant fails to remove any Tenant’s Removable Property from the Premises or storage, as the case may be, within ten (10) 30 days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Removable Property to have been abandoned be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and title thereof which shall immediately pass not be unreasonably withheld), Tenant may remain in the Premises for up to Landlord under 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease as is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by a bxxx Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of saletermination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Surrender of Premises. Upon the termination, whether by lapse By taking possession of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements subject to Landlord's performance of its obligations under Section 7, Tenant is required shall be deemed to remove pursuant to Section 8 hereof)have accepted the Premises and the Property in good, to Landlord in good clean and completed condition and repair, ordinary subject to all applicable laws, codes and ordinances. On the Expiration Date or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in its condition as of the Commencement Date, normal wear and tear excepted; conditions existing because . Tenant shall remove from the Premises all of Tenant’s failure 's Personal Property and any Alterations required to perform maintenance, repairs or replacements as required be removed pursuant to Section 9 of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Lease. Tenant shall surrender to Landlord all keys to repair any damage or perform any restoration work required by the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premisesremoval. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to timely remove any Personal Property or Alterations as aforesaid, Landlord may remove the property and store and/or dispose of the same at Tenant’s Property within one (1) day after 's expense, including interest at the Interest Rate. If the Premises are not so surrendered at the termination of this Lease, or Tenant’s right Tenant shall indemnify Landlord against all Claims resulting from delay by Xxxxxx in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant, losses to possession hereunderLandlord due to lost opportunities to lease to succeeding tenants, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property attorneys' fees and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofcosts. Tenant shall pay Landlord, upon demand, any give written notice to Landlord at least thirty (30) days prior to vacating the Premises and all reasonable expenses caused by such removal and all storage charges against such property so long as shall meet with Landlord for a joint inspection of the same shall be in possession Premises at the time of Landlord or under the control of Landlordvacating. In additionthe event of Tenant's failure to give such notice or participate in such joint inspection, if Tenant fails to remove any Tenant’s Property from Landlord's inspection at or after Xxxxxx's vacating the Premises or storage, as shall conclusively be deemed correct for purposes of determining Tenant's responsibility for removal of Alterations and repairs and restoration of the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salePremises.

Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of Tenantthis Sublease or the termination of Subtenant’s right of possession to possession without termination of the LeasePremises, Tenant will at once Subtenant shall surrender possession and vacate the PremisesPremises and deliver possession thereof to Sublandlord peaceably and quietly in the same condition they are in as of the date hereof, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary reasonable wear and tear and damage from casualty excepted, and Subtenant shall further comply with all of Sublandlord’s duties as “Tenant” under the Prime Lease relating to surrender of the Premises, if any. If: (a) required by the terms of the Prime Lease or this Sublease; conditions existing because or (b) upon the occurrence of Tenantan Event of Default hereunder (and in such case, at Sublandlord’s failure to perform maintenancerequest), repairs or replacements as required of Tenant under this Lease Subtenant shall not be deemed “reasonable wear promptly remove any alterations, installations, additions, and tear.” Tenant improvements, and Subtenant shall surrender to Landlord repair any damage occasioned by the removal thereof, all keys to the Premises extent required by, and make known in accordance with, Section 9 hereof. If Subtenant shall fail to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to promptly remove any such alterations, installations, additions, and improvements which Sublandlord or the Prime Landlord shall designate to be removed in accordance with this Section, then such items may be removed by Sublandlord, and Subtenant shall promptly reimburse Sublandlord for any expenses incurred by Sublandlord in connection therewith, including, without limitation, the cost of Tenantremoval thereof and of repairing any damage caused thereby, plus a fifteen percent (15%) administration fee. Subtenant shall also remove from the Premises all of Subtenant’s Property within one (1) day after goods, effects, movable personal property, business and trade fixtures, and machinery and trade equipment, and shall repair all damage resulting from such removal. Any of such items not so removed by Subtenant at the expiration or termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, Sublease shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property conclusively deemed to have been abandoned by Tenant Subtenant. Subtenant shall not receive any cost or credit therefor, and title Sublandlord may dispose of the same without any liability to Subtenant; provided, however, that Subtenant shall promptly reimburse Sublandlord for any expenses incurred by Sublandlord in connection therewith, including, without limitation, the cost of removal thereof and of repairing any damage caused thereby, plus a fifteen percent (15%) administration fee. Subtenant shall immediately pass have no obligation to Landlord under this Lease as by a bxxx of saleremove any installations or improvements made to the Premises prior to the Term.

Surrender of Premises. Upon Not less than thirty (30) days prior to the terminationExpiration Date, whether as the same may be extended and subject to Landlord’s compliance with the Access Requirements set forth in Section 28.8, Landlord’s representative and Tenant’s representative shall conduct a walk-through of the Premises (the “Walk-Through”) and shall identify the property to be removed by lapse Tenant upon surrender, including, but not limited to, Xxxxxx’s personal property, trade fixtures, Tenant Improvements (as that term is defined in Exhibit G) but only to the extent Landlord identified such Tenant Improvements as requiring removal when it provided its consent, and any Alterations, but only to the extent Landlord identified such Alterations as requiring removal when it provided its consent (collectively, the “Tenant Property”), as well as Tenant’s repair and/or restoration obligations caused by the removal of time or otherwisesuch items and any touch-up work and repairs to be performed by Tenant prior to Tenant’s surrender of the Premises (the “Tenant Repairs”). Notwithstanding the immediately preceding sentence, or upon any in the event of a termination of Tenantthis Lease 60447235.v9 prior to the scheduled Expiration Date, the date of the Walk-Through shall be as determined by the parties. Within five (5) Business Days after the date of the Walk-Through, the parties shall agree in writing as to the specific items identified as Tenant Property and Tenant Repairs during the Walk-Through. At the termination of this Lease or Xxxxxx’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove the Tenant Property from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this LeaseTenant Property, or Tenant’s right to possession hereunder, restore the Premises to the required surrender condition upon the Expiration Date then Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and dispose of the Tenant Property in any manner Landlord deems appropriate and/or store perform such restoration of the Premises to the surrender condition required by this Lease, in which case Tenant shall reimburse Landlord for the actual documented expenses of Landlord incurred in removal of Tenant’s Property and restoration of the Premises to good working surrender condition required by the term of this Lease. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof the Tenant Property following the expiration or termination of this Lease. Tenant shall pay Landlord, upon demand, expressly waives any and all reasonable expenses caused by such removal and all right to require or expect Landlord storage charges against such property so long as the same shall be in possession of Landlord or under the control any of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property cost and expense following the Expiration Date, and any right to have been seek damages from Landlord due to Landlord’s disposal of the abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleTenant’s Property.

Surrender of Premises. Upon LESSEE agrees to surrender to LESSOR, at the termination, whether by lapse end of time or otherwise, or the Term of this Lease and/or upon any termination cancellation of Tenant’s right to possession without termination this Lease, said Leased Premises in as good condition as said Leased Premises were at the beginning of the Term of this Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear and damage by fire or other casualty not caused by LESSEE'S negligence, excepted; conditions existing because . LESSEE agrees that if LESSEE does not surrender said Leased Premises to LESSOR at the end of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination Term of this Lease, then LESSEE will pay to LESSOR two (2) times the monthly rent and two (2) times the monthly pro rata expense assessment paid in the final month of LESSEE'S term hereunder for each month that LESSEE holds over; in addition, LESSEE shall pay all damages that LESSOR may suffer on account of LESSEE'S failure to so surrender to LESSOR possession of said Leased Premises, and will indemnify and save LESSOR harmless from and against all claims made by any succeeding tenant of said Leased Premises against LESSOR on account of delay of LESSOR in delivery possession of said Leased Premises to said succeeding tenants so far as such delay is occasioned by failure of LESSEE to so surrender said Leased Premises in accordance herewith or Tenant’s right to otherwise. No receipt of money by LESSOR from LESSEE after termination of this Lease or the service of any notice of commencement of any suit or final judgment for possession hereundershall reinstate, Landlordcontinue or extend the term of this Lease or affect any such notice, at Tenant’s sole cost and expensesdemand, suite or judgment. No act or thing done by LESSOR or its agents during the term hereby granted shall be entitled deemed an acceptance of a surrender of the Leased Premises and no agreement to remove and/or store such Tenant’s Property and Landlord accept a surrender of the Leased Premises shall be valid unless it be made in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any writing and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as subscribed by a bxxx duly authorized officer or agent of saleLESSOR.

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse Landlord, except upon expiration of time this Lease or otherwise, earlier termination by Tenant pursuant to the provisions of this Lease. At the expiration or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant shall remove all combination locks, trade fixtures which Tenant is permitted to leave on have not become part of the Premises. Subject , equipment, furniture, and personal property placed in the Premises by Tenant, and all such alterations, additions, improvements and wiring which, when approved by Landlord, were required to be removed from the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any Premises at the earlier expiration or termination of Tenant’s Property within one (1) day after the termination Term of this Lease, or Tenant’s right to possession hereunderand may remove all such fixtures, alterations, additions, improvements and wiring which, when approved by Landlord, were permitted to be removed by Tenant from the Premises at Tenant’s sole cost the earlier expiration or termination of the Term of this Lease. Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and expensesfurniture as Landlord may request; however, Tenant shall not be entitled required to remove and/or store such Tenant’s Property and any addition or improvement to the Premises if Landlord shall has specifically agreed in writing that the improvement or addition in question need not be in no event be responsible for the value, preservation or safekeeping thereofremoved. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord's option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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; any such disposition shall immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 20. The provisions of this Lease as by a bxxx Section 21 shall survive the end of salethe Term.

Surrender of Premises. Upon On the terminationSublease Expiration Date, whether the Sublease Expiration Date occurs by expiration, lapse of time or otherwise, or upon any the sooner termination of Tenantthis Sublease, Sublessee, at Sublessee’s right sole cost and expense, shall quit and surrender the Sublet Space to possession without termination of Sublessor in the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements same condition (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary reasonable wear and tear excepted; conditions existing because of Tenant’s failure ) in which Sublessor has delivered the Sublet Space to perform maintenanceSublessee, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to including, without limitation, the Premises and make known to Landlord the explanation removal of all combination locks, which Tenant is permitted of Sublessee’s Changes and the restoration of the Sublet Space to leave its existing condition and finishes on the Premises. Subject Sublease Commencement Date, provided that Sublessor may request Sublessee to surrender the Landlord’s rights under Section 23 hereof, Sublet Space in its then existing condition Sublessee hereby consents and agrees that if Tenant fails to remove any of Tenant’s Property within one (1) day Sublessee should “hold over” after the termination or expiration of this LeaseSublease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant Sublessee shall pay Landlordto Sublessor for use and occupancy of the Sublet Space for each month or part thereof during which Sublessee shall hold over, upon demanda sum equal to two (2) times the Basic Rent and any additional rent payable hereunder during the last full month of the Term. Sublessee hereby indemnifies and holds Sublessor harmless from and against any costs, expenses (including, without limitation, attorneys’ fees), damages or liabilities (including, without limitation, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession liability of Landlord or under the control of Sublessor to Landlord. In addition, if Tenant fails to remove any Tenant’s Property ) arising from the Premises failure of Sublessee to surrender the Sublet Space in accordance with the terms of this Sublease upon the termination or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part expiration of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleSublease.

Surrender of Premises. Upon If Tenant delivers its Expansion Premises Second Acceleration Notice in accordance with the terminationterms and conditions of this Paragraph 10.D. and pays both installments of the Expansion Premises Second Acceleration Fee (as hereinafter defined), whether by lapse then, subject to the terms and conditions of time this Paragraph 10.D., effective as of the Expansion Premises Second Accelerated Termination Date, the Term of the Lease with respect to the floor or otherwise, or upon any termination of floors designated in Tenant’s right Expansion Premises Second Acceleration Notice shall terminate, provided, however, Tenant shall be and remain liable for the payment to possession without termination Landlord of all Rent and other sums due or accrued with regard to the portion of the LeaseExpansion Premises to which Tenant’s Second Acceleration Option for Expansion Premises applies, and for the performance and keeping of all covenants, agreements and obligations under the Lease to be performed, paid and kept by Tenant will at once with respect to such space prior to the Expansion Premises Second Accelerated Termination Date. In the event that Tenant fails to completely vacate the portion of the Expansion Premises to which Tenant’s Second Acceleration Option for Expansion Premises applies and surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), thereof to Landlord in good condition accordance with the terms and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs the Lease on or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys prior to the Expansion Premises Second Accelerated Termination Date, such failure shall be treated as a holding over by Tenant, and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for all of its remedies therefore pursuant to Article 12 of the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleOriginal Lease.

Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, damage which Tenant is permitted not obligated to leave on repair excepted. Without limiting the Premisesother provisions of this Section, (a) all space in the Premises shall be clean, well-maintained and presentable for re-leasing; (b) any damage in excess of ordinary wear and tear shall be repaired; (c) all damaged or inoperable window coverings shall be repaired or replaced; (d) any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational; (e) all doors and door hardware shall be operational and without visible damage; and (f) all interior partition glass shall be cleaned. Subject No damage shall be considered ordinary wear and tear if it should have been repaired to satisfy the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after ongoing obligation to maintain the Premises under this Lease. Tenant shall, at Tenant’s sole cost, remove upon termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal of Tenant’s furniture, work stations, furnishings, equipment, movable partitions of less than full height from floor to ceiling and all storage charges against such other trade fixtures and personal property (collectively, “Personal Property”). Personal Property not so long as the same removed shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been deemed abandoned by Tenant and title thereof to the same shall immediately thereupon pass to Landlord under this Lease as by a bxxx xxxx of sale, but Tenant shall remain responsible for the cost of removal and disposal of such Personal Property, as well as any damage caused by such removal. At or before the time of surrender, Tenant shall comply with the terms of Section 9 hereof with respect to removal of Alterations from the Premises and all other matters addressed in such Section. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. If Tenant does not give such notice or participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. If Tenant does not carry out its obligations under this Section before the Expiration Date, Landlord may consider Tenant to be in possession of the Premises until such work has been completed and the provisions of Section 19 shall apply.

Surrender of Premises. Upon On expiration of the termination, whether by lapse term of time this Lease or otherwise, any extension thereof or upon any earlier termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once Lessee shall surrender possession to Lessor the Premises and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord Lessee's Alterations in good condition and repair, (except for ordinary wear and tear excepted; conditions existing because tear) unless Lessor has required Lessee to remove its Alterations. The surrender of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not the Premises will only be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord have occurred when Lessee delivers all keys to the Premises to Lessor, or reimburses Lessor a reasonable amount for any lost or stolen keys. Lessee shall remove all of its personal property, equipment and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject trade fixtures prior to the Landlord’s rights under Section 23 hereof, if Tenant expiration of the term of this Lease or any extension thereof or upon the earlier termination of this Lease. Lessee shall perform at its expense all restoration and repairs made necessary by the removal of any Alterations and equipment as required by this Lease and any other agreements between Lessor and Lessee. In the event Lessee fails to remove any all of Tenant’s Property within one (1) day after its equipment and personal property following the expiration or earlier termination of this Lease, in addition to any other remedies Lessor may have, Lessor may elect to retain or Tenantdispose of said personal property and equipment in any manner Lessor in its sole discretion may decide. Without waiving any other remedy, Lessor shall if it so elects to by written notice to Lessee (and if permitted by Applicable Laws) obtain title to any or all of Lessee’s right equipment and personal property and retain or dispose of the same. Lessee waives all claims against Lessor for any damage to possession hereunderLessee resulting from Lessor’s retention or disposition of any such personal property. Lessee shall also be liable to Lessor for Lessor’s costs for storing, Landlordremoving, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store disposing of any such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofpersonal property. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant If Lessee fails to remove any Tenant’s Property from surrender the Premises or storage, as to Lessor on the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all expiration of the term of this Lease or any part of such Tenantextension thereof as required by this Xxxxxxxxx 00, Xxxxxx shall hold Lessor harmless from all damages resulting from Lessee’s Property failure to have been abandoned by Tenant surrender the Premises, including without limitation, lost rental value and title thereof shall immediately pass to Landlord under this Lease as any claims made by a bxxx of salenew tenant resulting from Lessee’s failure to surrender the Premises.

Surrender of Premises. Upon Tenant will surrender the termination, whether by lapse of time Premises to Landlord at the expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord this Lease in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall , permitted Alterations, Casualty (subject to Master Lessor’s and Landlord's rights with respect to any Landlord Unreleased Casualty Claim) and condemnation excepted, and will surrender to Landlord all keys to the Premises and make known to Property Manager or to 0000 Xxxx Xxxxxx 16 9/29/04 Office Lease Agreement Landlord at the explanation place then fixed for Tenant's payment of Basic Rent or as Landlord or Property Manager otherwise directs. Tenant will also inform Landlord of all combination combinations on locks, which safes and vaults, if any, in the Premises or on the Project. Tenant is permitted to leave will at such time remove all of its property from the Premises and, if Landlord so requests, all specified Alterations and improvements Tenant placed on the Premises. Subject Tenant will promptly repair any damage to the Landlord’s rights under Section 23 hereofPremises caused by such removal. Tenant releases and will Indemnify Landlord from and against any Claim resulting from Tenant's failure or delay in surrendering the Premises in accordance with this Section, if including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant fails not removed on or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant's agent to remove any remove, at Tenant's sole cost and expense, all of Tenant’s Property within one (1) day after 's property from the Premises upon termination of this LeaseLease and to cause its transportation and storage for Tenant's benefit, or Tenant’s right to possession hereunder, Landlord, all at Tenant’s the sole cost and expensesrisk of Tenant, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall will not be liable for damage, theft, misappropriation or loss thereof or in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be manner in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salerespect thereto.

Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted; conditions existing because of . Tenant shall, at Tenant’s failure to perform maintenancesole cost, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the upon termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal of Tenant’s furniture, furnishings, movable partitions of less than full height from floor to ceiling and all storage charges against such other trade fixtures and personal property (collectively, “Personalty”). Personalty not so long as the same removed shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been deemed abandoned by Tenant and title thereof to the same shall immediately thereupon pass to Landlord under this Lease as by a bxxx of sale, but Tenant shall remain responsible for the cost of removal and disposal of such Personalty, as well as any damage caused by such removal. At or before the time of surrender, Tenant shall comply with the terms of Section 8 hereof with respect to Alterations to the Premises and all other matters addressed in such Section. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, the provisions of Section 20 hereof shall apply. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Tenant shall give written notice to Landlord at least 30 days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant’s failure to give such notice or participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. Any delay caused by Tenant’s failure to carry out its obligations under this Section 31 beyond the term hereof, shall constitute unlawful and illegal possession of Premises under Section 20 hereof.

Surrender of Premises. Upon Tenant shall, at least 90 days before the termination, whether by lapse last day of time or otherwise, or upon any termination the Term arrange to meet Landlord for a joint inspection of the Premises. In the event of Tenant’s right failure to possession without arrange such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purpose of determining Tenant’s responsibility for repairs and restoration. At the end of the Term or any renewal thereof or other sooner termination of the this Lease, Tenant will at once surrender peaceably deliver up to Landlord possession and vacate of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required improvements or additions upon or belonging to remove pursuant to Section 8 hereof)the same, to Landlord by whomsoever made, in good the same condition as received or first installed broom clean and repairfree of all debris, ordinary wear and tear and damage by fire, earthquake, Act of God, or the elements alone excepted; conditions existing because of Tenant’s failure to perform maintenance. Tenant may, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the upon termination of this Lease, remove all movable partitions of less than full height from floor to ceiling, counters, and other personal property and trade fixtures of Tenant removable without material damage to such property or the Premises previously installed by Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expensescost, shall be entitled title to remove and/or store such Tenant’s Property and Landlord which shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses until such termination repairing such damage caused by such removal and all storage charges against such property removal. Property not so long as the same removed shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been deemed abandoned by Tenant and title thereof to the same shall immediately thereupon pass to Landlord under this Lease as by a bxxx xxxx of sale. Upon request by Landlord, Tenant shall remove any or all permanent improvements or additions to the Premises installed at Tenant’s cost and all movable partitions, counters and other personal property of Tenant removable without material damage to such property or the Premises which may be left by Tenant and repair any damage resulting from such removal. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation any claims made by any succeeding tenant founded on such delay. All obligations of Tenant hereunder not fully performed as of the expiration or earlier termination of the Term of this Lease shall survive the expiration or earlier termination of the Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary: (i) to repair, restore and broom clean the Premises as provided herein, removing Tenant’s personal property if necessary; and (ii) to discharge Tenant’s obligation for unpaid amounts due Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied.

Surrender of Premises. Upon On or before the termination, whether by lapse termination of time or otherwisethe Lease Term, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), shall surrender the Premises to Landlord in good condition and repair, ordinary normal wear and tear excepted; conditions existing because , with all interior walls, floors and floor coverings cleaned, and otherwise in the condition required under this Section 27. The term “normal wear and tear” does not, and shall not be deemed to, include any damage or deterioration that could have been prevented through proper maintenance, or by Tenant’s full and timely performance of all its obligations under this Lease. On or before the expiration or sooner termination of the Lease Term (or such later date following any earlier termination of this Lease as hereinafter provided), Tenant shall (a) remove (i) all Tenant Improvements constructed by Tenant under the Work Letter and Construction Agreement that Landlord identifies at the time Landlord approves the Final Plans that Landlord deems Specialized Alterations, (ii) all of Tenant’s FF&E and phone and data cabling from the Project; except those that Landlord has, if at all, confirmed in writing (within the time period hereinafter provided) shall be left in place; and any other Alterations that Landlord required in writing be removed at the time Landlord gave its consent thereto Pursuant to Section l0(a); and (b) fully repair any damage to the Premises or other portions of the Project caused by the removal of any of the foregoing items. Landlord may, by written notice to Tenant given at any time at least nine (9) months prior to the Expiration Date (or, in the event of a termination of this Lease prior to the scheduled Expiration Date, at any time within thirty (30) days following written notice of such termination), confirm the obligation of Tenant to either remove or leave in place any or all Specialized Alterations, but failure to perform maintenance, repairs or replacements provide any such written notice shall not change any of Tenant’s obligations with respect to the removal of Tenant’s property and the other matters hereinabove provided in accordance with this Section 25. Any of Tenant’s property not removed from the Project by Tenant as required herein shall be deemed abandoned and may be retained, used, stored, removed or disposed of by Landlord as Landlord sees fit in the exercise of its sole discretion, and Tenant waives all claims against Landlord resulting therefrom. Without limiting the generality of the foregoing, Tenant waives any of the rights and benefits under Civil Code Sections 1980-1993 relating to the disposition of abandoned personal property and agrees that title to any such personal property, free and clear of any liens, shall pass to Landlord upon written notice to Tenant of Landlord’s exercise of its right to retain any such personal property. Within ten (10) days following Landlord’s invoice therefor, Tenant shall reimburse Landlord for all costs incurred by Landlord in (x) storing, removing or disposing of any abandoned Tenant’s property; and (y) repairing any damage to the Premises or Project caused by Tenant, but only to the extent the making of (or payment for) such repairs is the responsibility of Tenant under this Lease Lease; and (z) removing any Tenant Improvements that Tenant was required to remove, and all repair and restoration work necessitated by such removal. Tenant represents and warrants that no other person shall not be deemed “reasonable wear have any ownership or use interest in Tenant’s FF&E, Alterations, Specialized Alterations and tear.” Tenant Improvements as of the Expiration Date or sooner termination of this Lease. Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation combination of all combination locks, locks which Tenant is permitted required to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of All Tenant’s Property within one (1) day after obligations under this Section 25 shall survive the expiration or sooner termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.

Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once shall surrender all keys for the Premises to Landlord, and Tenant shall deliver exclusive possession and vacate of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord broom clean and in good condition and repair, ordinary reasonable wear and tear and minor conditions arising from Tenant’s move-in and move-out excepted; conditions existing because , with all of Tenant’s failure to perform maintenancepersonal property removed therefrom, repairs or replacements and all damage caused by such removal repaired, as required of Tenant under this Lease shall not be deemed “reasonable wear pursuant to Sections 11.2 and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks11.3 below. If, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereoffor any reason, if Tenant fails to remove any of Tenant’s Property within one (1) day after surrender the Premises on the expiration or earlier termination of this Lease, with such removal and repair obligations completed, then, in addition to the provisions of Section 8.3 below and Landlord’s rights and remedies under Section 11.4 and the other provisions of this Lease, Tenant shall, beginning on the thirtieth (30th) day following the expiration or Tenant’s right to possession hereunderearlier termination of this Lease, indemnify, protect, defend (by counsel reasonably approved in writing by Landlord, at Tenant’s sole cost ) and expenses, shall be entitled to remove and/or store such Tenant’s Property hold Landlord harmless from and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, against any and all reasonable claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses caused and costs (including, without limitation, costs, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees and court costs, but excluding indirect or consequential damages) (collectively, “Claims”) which arise or result from such failure to surrender, including, without limitation, any Claims made by such removal and all storage charges against such property so long as any succeeding tenant based thereon. The foregoing indemnity shall survive the same shall be in possession expiration or earlier termination of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleLease.

Surrender of Premises. Upon Except in the terminationcase of condemnation described in subsection 12(a), whether by lapse of time at the expiration or otherwise, or upon any termination of Tenant’s right to possession without sooner termination of the term of this Lease, Tenant will at once shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession and vacate the Premisesthereto under this Lease, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary reasonable wear and tear excepted; conditions existing because , and shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of Tenant’s failure to perform maintenancerent and shall inform Landlord of all combinations on locks, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear safes and tear.” vaults, if any, in the Leased Premises. Tenant shall at such time remove all Tenant's Property, as well as any alterations or improvements, if requested to do so by Landlord and shall repair any damage to the Leased Premises caused thereby, and any or all of such properly not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. Tenant agrees that if Tenant does not surrender the Lease Premises to Landlord all keys to at the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination end term of this Lease, or Tenant’s right then Tenant will pay to possession hereunder, Landlord, at Tenant’s sole cost and expensesto the extent permitted by law, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible one hundred fifty percent (150%) of the amount of the rent paid by Tenant for the valuelast full month of the term for each month or portion thereof that Tenant holds over, preservation or safekeeping thereofunless such holdover is expressly permitted in advance by Landlord in writing. Furthermore, at all times, Tenant shall pay indemnify Landlord, upon Mortgagee and Superior Lessor against loss or liability resulting from the delay by Tenant in so surrendering the Leased Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. No receipt of money by Landlord from Tenant after termination of this Lease or the service of any notice of commencement of any suit or final judgment for possession shall reinstate, continue or extend the term of this Lease or affect any such Notice, demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord suit or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salejudgment.

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s rights under Section 23 hereof's option, if Tenant fails shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request; however, Tenant shall not be required to remove any of Tenant’s Property within one (1) day after addition or improvement to the termination of this Lease, Premises if Landlord has specifically agreed in writing that the improvement or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall addition in question need not be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofremoved. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord's option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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; any such disposition shall immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 20. The provisions of this Lease as by a bxxx Section 21 shall survive the end of salethe Term.

Surrender of Premises. HOLDING OVER Upon expiration of the termination, whether by lapse of time term or otherwise, or upon any the termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because this Lease or of Tenant’s failure to perform maintenance's right of possession, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known all tenant improvements and alterations (except alterations which Tenant has the right or obligation to remove) in good condition, except for ordinary wear and tear. RIDER NO. 41 Tenant shall remove all personal property including, without imitation, all wallpaper, paneling and other decorative improvements or fixtures and 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. RIDER NO. 42 Landlord can elect to retain or dispose of in any manner Xxxxxx'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 the explanation for Landlord's costs for storage, removal or disposal of all combination locks, which Tenant is permitted to leave on the PremisesTenant's personal property. Subject to the Landlord’s rights under Section 23 hereof, if Tenant If Xxxxxx fails to remove any surrender the Premises upon the expiration of Tenant’s Property within one (1) day after the term, or upon the termination of this Lease or of Tenant's right of possession, Tenant shall defend, indemnify and hold Landlord harmless from all resulting loss or liability, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure. If Tenant, with Xxxxxxxx's consent, remains in possession of the Premises after expiration of this Lease, or Tenant’s right such possession by Tenant shall be deemed to possession hereunderbe a month-to-month tenancy terminable on written 30-day notice at any time, Landlordby either party. All provisions of this Lease, at Tenant’s sole cost except those pertaining to term and expensesrent, shall be entitled apply to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofmonth-to-month tenancy. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as Base Monthly Rent in an amount equal to 150% of the same shall be in possession Base Monthly Rent for the last full calendar month during the regular term plus 100% of Landlord or under the control said last month's estimate of Landlord. In addition, if Tenant fails Tenant's share of Expenses pursuant to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleSection 4.3(3).

Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of this Lease or Xxxxxx’s right of possession hereunder, Tenant shall remove all Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate Property from the Premises, together with remove all Leasehold Improvements Required Removables (except those Leasehold Improvements Tenant is required if any) under Section 8.03, and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted; conditions existing because . Tenant shall repair any damage caused by the installation or removal of Tenant’s failure to perform maintenance, repairs Property or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the PremisesRequired Removables. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property or to restore or repair the Premises to the required condition as provided herein upon the expiration of the Term of this Lease (or, as applicable, within one two (12) day days after the any earlier termination of this Lease, Lease or TenantXxxxxx’s right to possession hereunder), then Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled entitled, but not obligated, to remove and/or and store such Tenant’s Property and and/or perform such restoration or repair of the Premises. Landlord shall be in no event not be responsible for the value, preservation preservation, or safekeeping thereof. of Tenant’s Property, and Tenant shall pay to Landlord, upon demand, any the actual and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordincurred. In addition, if If Tenant fails to remove any TenantXxxxxx’s Property from the Premises or storage, as the case may be, storage within ten thirty (1030) days after following written notice from Landlord, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and and, at Landlord’s option, title thereof to Tenant’s Property shall immediately pass to vest in Landlord under this Lease as by a bxxx or Landlord may dispose of saleTenant’s Property in any manner Landlord deems appropriate.

Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without other termination of the LeaseTerm, Tenant will at once shall quit and surrender possession and vacate to Landlord the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)broom clean, to Landlord in good condition order and repaircondition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted; conditions existing because , and Tenant shall remove all of its property pursuant to Article 3 hereof. Tenant’s failure 's obligation to observe or perform maintenance, repairs this covenant shall survive the expiration or replacements as required sooner termination of Tenant under the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not be deemed “reasonable wear and tear.” surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall surrender pay to Landlord all keys to for each month and for each portion of any month during which Tenant holds over in the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the Expiration Date or sooner termination of this Lease, or Tenant’s right a sum equal to possession hereunder, Landlord, at Tenant’s sole cost three (3) times the aggregate of that portion of the Rent and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord additional rent which was payable under this Lease as during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by a bxxx Landlord of salepayments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease.

Surrender of Premises. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once shall peaceably surrender possession the Premises and vacate all of the Premisesalterations and additions thereto, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord leave the Premises broom clean and in good order, repair and condition and repairall building and life safety systems fully functional, ordinary reasonable wear and tear excepted; conditions existing because , and comply with the provisions of TenantSections 8 and 9. The delivery of keys to any employee of Landlord or to Landlord’s failure agent or any employee thereof shall not be sufficient to perform maintenance, repairs constitute a termination of this Lease or replacements as required a surrender of the Premises. Final I-405 CAPA Lease 9-12-07 - 16 - Please Initial _______ 32. Performance by Tenant All covenants and agreements to be performed by Tenant under this Lease shall not be deemed “reasonable wear and tear.” performed by Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property expense and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofwithout any abatement of rent. If Tenant shall fail to pay any sum of money owed to any party other than Landlord, upon demandfor which it is liable hereunder, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails shall fail to remove perform any Tenant’s Property from the Premises or storageother act on its part to be performed hereunder, as the case may be, within and such failure shall continue for ten (10) business days after written notice from thereof by Landlord, Landlord may, without waiving or releasing Tenant from its obligations, make any such payment or perform any such other act to be made or performed by Tenant. All sums so paid by Landlord and all necessary incidental costs, together with interest thereon at the lesser of one and one-half percent (1-1/2%) per month or the maximum rate permissible by law, from the date of such payment by Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass be paid to Landlord under this Lease as by a bxxx of saleon demand.

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse Landlord. At the expiration or termination of time this Lease or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together Tenant shall deliver to Landlord the Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s rights under Section 23 hereofoption, if Tenant fails to remove any of Tenant’s Property within one shall (1not later than ten (10) day days after the expiration or earlier termination of this Lease, the Lease or Tenant’s right to possession hereunderof the Premises) remove such alterations, Landlordadditions (including stairs and bank vaults), at improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Off-Premises Equipment) as Landlord shall be may request but in no event be responsible for any of the value, preservation or safekeeping thereofinitial Tenant’s Work constructed pursuant to Exhibit C hereof. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease (as if conveyed by a bxxx xxxx of sale) 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; 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 20. The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease.

Surrender of Premises. Upon At the termination, whether by lapse expiration of time the Term of this Lease or otherwise, or upon any earlier termination of this Lease, Tenant shall surrender the Premises together with all alterations placed thereon by Tenant (except Alterations Tenant elects to remove or Alterations Landlord, in the exercise of reasonable discretion, informed Tenant’s right , in connection with Landlord=s approval of the installation thereof, that Landlord would require Tenant to possession without termination remove upon the expiration of the Lease) in the same condition as the same were in upon delivery of possession thereto at the Commencement Date of the term of this Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary reasonable wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord at the explanation place then fixed for the payment of Basic Rent and shall inform Landlord of all combination combinations on locks, which safes and vaults, if any. Tenant is permitted shall at such time remove all of its property therefrom and all alterations and improvements placed thereon by Tenant unless Landlord requires Tenant to leave on the Premisessame. Subject Tenant shall repair any damage to the Premises caused by such removal, and any and all such property not so removed shall, at Landlord’s rights under Section 23 hereof's option, if Tenant fails after five (5) business days notice to remove any Tenant, become the exclusive property of Tenant’s Property within one (1) day after the termination Landlord or be disposed of this Lease, or Tenant’s right to possession hereunder, by Landlord, at Tenant’s 's cost and expense, without further notice to or demand upon Tenant. If the Premises be not surrendered as above set forth, Tenant shall indemnify, protect, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any claim made by any succeeding occupant founded on such delay. All property of Tenant not removed within thirty (30) days after the last day of the Term of this Lease shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove, at Tenant's cost, all property of Tenant from the Premises left thirty (30) days or longer after termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property risk of Tenant and Landlord shall not be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be manner in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salerespect thereto.

Surrender of Premises. Upon Tenant will surrender the termination, whether by lapse of time Premises to Landlord at the expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord this Lease in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “repair (reasonable wear and tear.” Tenant shall , permitted Alterations, and damage by casualty or condemnation excepted), and will surrender to Landlord all keys to the Premises and make known to Landlord at the explanation place then fixed for Tenant's payment of Basic Rent or as Landlord otherwise directs. Tenant will also inform Landlord of all combination combinations on locks, which safes and vaults, if any, in the Premises or on the Property. Tenant is permitted to leave on will at such time remove all of its property from the Premises and, if Landlord required as a condition of its consent, all specified Alterations carried out by Tenant in the Premises. Subject Tenant will promptly repair any damage to the Premises caused by such removal. If Tenant does not surrender the Premises in accordance with this section, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord’s rights under Section 23 hereof), if protect and hold harmless Landlord from and against any Claim resulting from Tenant's delay in so surrendering the Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the Term is deemed abandoned. If Tenant fails to remove any all of Tenant’s Property within one (1) day after 's property from the Premises upon termination of this Lease, or then Tenant shall be deemed to have appointed Landlord as Tenant’s right 's agent to possession hereunder, Landlordremove, at Tenant’s 's sole cost and expensesexpense, shall be entitled to remove and/or store such all of Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such 's property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part upon termination of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of saleTenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.

Surrender of Premises. Upon the termination, whether by lapse of time On expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storageterm, as the case may be, within ten Tenant shall surrender to Landlord the Premises in the same condition as existed at the commencement of this Lease (10) days after except for ordinary wear and tear, condemnation and casualty), and will have the right to remove only unattached equipment, furniture, merchandise, and trade fixtures that Tenant installed in the premises (except, trade fixtures shall not include lighting fixtures and floor covering); however, Landlord may not require Tenant to remove and/or restore the Premises to their original condition for tenant improvements that Landlord had previously approved and exempted from the restoration requirement. Except, Landlord shall have the election exercisable by giving Tenant written notice from Landlord, Landlord, at its option, may deem no later than three (3) months prior to the end of the term to require Tenant to restore all or any part of such the Premises to the same condition as originally received by Tenant (except for ordinary wear and tear, condemnation and casualty), in which event Tenant shall do so on or before expiration or termination of the term. Tenant shall perform all restoration made necessary by the removal of any item as allowed or required by this Section If Tenant fails to surrender the Premises to Landlord on the date as required herein, Tenant shall indemnify and hold Landlord harmless from all damages resulting from Tenant’s Property failure to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as surrender the Premises, including, without limitation, claims made by a bxxx of salesucceeding Tenant resulting from Tenant’s failure to surrender the Premises.

Surrender of Premises. Upon If Tenant delivers its Expansion Premises First Acceleration Notice in accordance with the terminationterms and conditions of this Paragraph 10.C. and pays both installments of the Expansion Premises First Acceleration Fee (as herein after defined), whether by lapse then, subject to the terms and conditions of time or otherwisethis Paragraph 10.C., or upon any termination effective as of the Expansion Premises First Accelerated Termination Date, the Term of the Lease with respect to the floor designated in Tenant’s right Expansion Premises First Acceleration Notice only (either the Fourteenth Floor Expansion Premises or the Fifteenth Floor Expansion Premises, but not both) shall terminate, provided, however, Tenant shall be and remain liable for the payment to possession without termination Landlord of all Rent and other sums due or accrued with regard to the portion of the LeaseExpansion Premises to which Tenant’s First Acceleration Option for Expansion Premises applies, and for the performance and keeping of all covenants, agreements and obligations under the Lease to be performed, paid and kept by Tenant will at once with respect to such space prior to the Expansion Premises First Accelerated Termination Date. In the event that Tenant fails to completely vacate the portion of the Expansion Premises to which Tenant’s First Acceleration Option for Expansion Premises applies and surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), thereof to Landlord in good condition accordance with the terms and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs the Lease on or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys prior to the Expansion Premises First Accelerated Termination Date, such failure shall be treated as a holding over by Tenant, and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for all of its remedies therefore pursuant to Article 12 of the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleOriginal Lease.

Surrender of Premises. No act or omission by any Landlord Party during the Lease Term, including acceptance of keys to the Premises, shall be deemed an acceptance by Landlord of a surrender of the Premises unless such intent is specifically acknowledged in writing by Landlord. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without earlier termination of the LeaseLease Term, Tenant will shall, at once its sole cost and expense, remove all Hazardous Substances to the extent provided in, and in accordance with, Section 25.2.4 below, and quit, vacate and surrender exclusive possession and vacate of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord in good broom-clean condition and repairin good order and condition, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “except for reasonable wear and tear.” Tenant shall surrender to , repairs that are specifically made the responsibility of Landlord all keys hereunder, and subject to the provisions of Article 11 and Article 13 above, damage from Casualty and damage as a result of a Taking. Time is of the essence of Tenant’s obligation to quit, vacate and surrender exclusive possession of the Premises and make known to Landlord in the explanation of all combination locks, which Tenant is permitted to leave on the Premisescondition required by this Lease. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove surrender possession of the Premises to Landlord in accordance with this Section 15.1, then, in addition to all of Landlord’s other rights and remedies, (A) Landlord may (but shall not be obligated to) perform any cleaning, maintenance, removal, repairs and/or restoration reasonably necessary in order to put the Premises, the Building and/or any other affected portion of Tenant’s the Property within one (1) day after in the termination of surrender condition required by this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost (B) intentionally omitted and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. (C) Tenant shall pay Landlord the cost of any such work performed by Landlord, upon demand, any plus a fee for Landlord’s oversight and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession coordination thereof equal to five percent (5%) of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may beits cost, within ten thirty (1030) days after written notice from Landlord’s request for payment, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saletogether with reasonable supporting documentation.

Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear, casualty damage and acts of God excepted), including, but not limited to, all holes in walls repaired, all HVAC equipment in operating order and in good repair, and all floors cleaned, waxed, and free of any Tenant-introduced marking or Tenant’s right painting, all to possession hereunder, the reasonable satisfaction of Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlordremove all of its debris from the Project. At or before the time of surrender, upon demand, any Tenant shall comply with the terms of Paragraph 12.A. hereof with respect to Alterations to the Premises and all reasonable expenses caused by other matters addressed in such removal and all storage charges against such property Paragraph. If the Premises are not so long as surrendered at the same expiration or sooner termination of this Lease, the provisions of Paragraph 25 hereof shall be in possession of Landlord or under the control of Landlordapply. In addition, if Tenant fails All keys to remove any Tenant’s Property from the Premises or storage, as any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the case may be, within ten Term. Tenant shall meet with Landlord for a joint inspection of the Premises fifteen (1015) days after written prior to vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant's failure to give such notice from Landlordor participate in such joint inspection, Landlord, 's inspection at or after Tenant's vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. Any delay caused by Tenant's failure to carry out its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord obligations under this Lease as by a bxxx Paragraph 36 beyond the term hereof, shall constitute unlawful and illegal possession of salePremises under Paragraph 25 hereof.

Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, locks which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx xxxx of sale.

Surrender of Premises. Upon the termination, whether by lapse expiration or termination of time this Lease or otherwise, or upon any termination of Tenant’s right to of possession without termination of the LeasePremises, Tenant will at once shall surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises immediately and deliver possession thereof to Landlord in broom clean condition and in reasonably good condition and repairconsidering the age of the improvements in the Premises, ordinary wear and tear and damage by casualty excepted; conditions existing because . Upon any termination which occurs other than by reason of Tenant’s failure to perform maintenancedefault, repairs or replacements as required Tenant shall remove from the Premises all unattached and movable trade fixtures and personal property of Tenant under this Lease that were paid for by Tenant without credit or compensation from Landlord, provided Tenant immediately shall repair all damage resulting from such removal. In the event possession of the Premises is not be deemed “reasonable wear and tear.” immediately delivered to Landlord or if Tenant shall surrender fail to Landlord all keys to the Premises remove any unattached and make known to Landlord the explanation of all combination locks, movable trade fixtures or personal property which Tenant is permitted obligated to leave on the Premisesremove, Landlord may remove same without any liability to Tenant. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost Any movable trade fixtures and expenses, shall personal property which may be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property removed from the Premises or storage, as by Tenant but which are not so removed upon the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part vacancy of such Tenant’s Property the Premises shall be conclusively presumed to have been abandoned by Tenant and title thereof to such property shall immediately pass to Landlord under without any payment or credit, and Landlord may, at its option and at Tenant’s expense, store and/or dispose of such property. Without limiting the foregoing, Landlord may require that Tenant, at Tenant’s expense, upon expiration of the Term or earlier termination of the Lease, remove all cabling installed in the Premises by or at the request of Tenant. If Tenant fails to promptly remove such cabling, Landlord may remove it, and Tenant shall reimburse Landlord for the cost of such work on demand, such obligation to survive expiration or termination of this Lease as by a bxxx of saleLease.

Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without other termination of the LeaseLease Term, Tenant will at once shall surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)broom clean, to Landlord in good the same order and condition and repairin which they are in on the Lease Commencement Date, ordinary wear and tear and damage by casualty excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys . All improvements to the Premises or the Office Complex made by either party shall remain upon and make known be surrendered with the Premises as a part thereof at the end of the Lease term, except that if Tenant is not in default under this Lease, Tenant shall have the right to remove, prior to the expiration of the Lease Term, all movable furniture, furnishing and equipment installed in the Premises solely at the expense of Tenant. All damage and injury to the Premises or the Office Complex caused by such removal shall be repaired by Tenant, at Tenant's sole expense, or, at the Landlord's option, Landlord may repair such damage at Tenant's expense, which shall be repaid to Landlord the explanation upon ten (10) days written demand. If such property of all combination locks, which Tenant is permitted to leave on the Premises. Subject not removed by Tenant prior to the Landlord’s rights under Section 23 hereofexpiration or termination of this Lease, if the same shall become the property of Landlord and shall be surrendered with the Premises as a part thereof. Notwithstanding any covenant or condition of this Article to the contrary, however, Landlord may require, in its sole discretion, that any or all improvements made by or on behalf of Tenant fails to remove any of Tenant’s Property (other than Tenant Improvement Work) within one (1) day after or upon the Premises be removed upon the termination of this Lease, or upon the default by Tenant’s right , and Tenant hereby agrees to possession hereunder, Landlordcause same to be removed and the Premises to be restored, at Tenant’s 's sole cost and expensesexpense, or, at Landlord's option, Landlord may remove and restore the same at Tenant's expense, which shall be entitled repaid to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days written demand, together with any and all damages Landlord may suffer or sustain by reason of the failure of Tenant to remove the same. Notwithstanding anything to the contrary contained in this Section 20.1, Landlord may not require Tenant to remove any; (a) improvements installed by Landlord prior to the Commencement Date of this Lease; or (b) items approved by Landlord as part of the initial buildout of the Premises (whether installed by Landlord or Tenant); or (c) Alterations made to the Premises after written notice from the Commencement Date, unless Landlord, Landlord, at its option, may deem all or any simultaneously with and as part of such Tenant’s Property its review of the plans and specifications therefor, has expressly advised Tenant in writing that the applicable alteration will not need to have been abandoned be removed by Tenant and title thereof shall immediately pass to Landlord under upon the expiration or earlier termination of this Lease as by a bxxx of saleLease.

Surrender of Premises. Upon At the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination expiration of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because Term of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the or earlier termination of this Lease, Tenant shall surrender the Premises in the same condition as the same were in upon delivery of possession thereto at the Commencement Date of the term of this Lease, reasonable wear and tear excepted. Tenant shall at such time remove all of its property therefrom and all equipment, alterations and improvements placed thereon by Tenant. Tenant shall repair any damage to the Premises caused by such removal, and any and all such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or Tenant’s right to possession hereunder, be disposed of by Landlord, at Tenant’s 's cost and expense, without further notice to or demand upon Tenant. If the Premises be not surrendered as above set forth, Tenant shall indemnify, protect, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any claim made by any succeeding occupant founded on such delay. All property of Tenant not removed within thirty (30) days after the last day of the Term of this Lease shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove, at Tenant's cost, all property of Tenant from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property risk of Tenant and Landlord shall not be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be manner in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salerespect thereto.

Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s 's right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s 's failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “"reasonable wear and tear.” " Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, locks which Tenant is permitted to leave on the Premises. Subject to the Landlord’s 's rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s 's Property within one (1) day after the termination of this Lease, or Tenant’s 's right to possession hereunder, Landlord, at Tenant’s 's sole cost and expenses, shall be entitled to remove and/or store such Tenant’s 's Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s 's Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s 's Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of bill xx sale.

Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without sooner termination of the term of this Sublease, Subtenant shall quit and surrender the Premises to Sublandlord, in the manner and condition prescribed therefor in the Master Lease, Tenant will and Subtenant shall not hold-over in possession, or make any application to so hold-over, for any reason whatsoever. If the Premises are not surrendered and vacated as and at once the time required by this Sublease (time being of the essence), Subtenant shall be liable to Sublandlord for (a) all losses and damages which Sublandlord may incur or sustain by reason thereof, including, without limitation, reasonable attorneys’ fees and any direct, consequential or punitive damages for which Sublandlord may be liable, and Subtenant shall indemnify Sublandlord against all claims made by any succeeding subtenants or by Master Landlord against Sublandlord or otherwise arising out of or resulting from the failure of Subtenant timely to surrender possession and vacate the PremisesPremises in accordance with the provisions of this Sublease, together with all Leasehold Improvements and (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord b) per diem use and occupancy in good condition and repair, ordinary wear and tear excepted; conditions existing because respect of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises equal to two times the Fixed Rent and make known to Landlord Additional Rent payable hereunder for the explanation last month of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination term of this Lease, or Tenant’s right Sublease (which amount Sublandlord and Subtenant presently agree is the minimum to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall which Sublandlord would be entitled to remove and/or store and is presently contemplated by them as being fair and reasonable under such Tenant’s Property circumstances and Landlord shall be in not a penalty). In no event shall any provision hereof or otherwise be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long construed as the same shall be permitting Subtenant to hold over in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises after expiration or storagetermination of the term hereof, as and no acceptance by Sublandlord of payments from Subtenant after the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all Expiration Date or any part sooner termination of such Tenantthe Term shall be deemed to be other than on account of the amount to be paid by Subtenant in accordance with the provisions of this Article 22. All of Subtenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord obligations under this Lease as by a bxxx Article shall survive the expiration or earlier termination of salethe Term of this Sublease.

Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall return the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord in good the same condition and repairin which received, ordinary broom clean, reasonable wear and tear excepted; conditions existing because . Tenant shall remove all personal property trade fixtures, appliances and equipment ("Fixtures"). Where such removal will require structural changes or damage to the Premises, Landlord will have the option to have same removed at Tenant's expense and under Landlord's supervision. Tenant shall also remove any and all alterations which Landlord designates to be removed pursuant to Section 10.4 below, and shall restore the Premises to the condition they were in prior to the installation or construction of Tenant’s failure said alterations. If Tenant has failed to perform maintenance, repairs or replacements as required of Tenant fully pay all amounts due under this Lease shall not be deemed “reasonable wear lease, Landlord may, at Landlord's option, designate any or all Fixtures paid for by Tenant and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave installed on the Premises. Subject to Landlord's payment in full or in part of any such unpaid amounts, and Tenant shall provide Landlord with a Xxxx of Sale correctly evidence the Landlord’s rights under Section 23 hereof, if transfer of ownership. If Tenant fails to remove any fixture, at Landlord's option, Tenant shall agree to designate and permit Landlord to remove the same at Tenant's expense. Tenant shall return all keys to the Landlord within 12 hours following termination of this Lease or pay for the cost of new keys, if the Landlord so requires. Tenant’s Property within one (1) day after 's obligation to perform this covenant shall survive the expiration of termination of this Lease. Landlord may place and maintain "For Lease" signs in conspicuous places on the Premises for 180 days prior to the expiration or early termination of this Lease, or Tenant’s and reserves the right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or enter any part of such Tenant’s Property the Premises during the same 180-day period to have been abandoned by Tenant and title thereof shall immediately pass show the Premises to Landlord under this Lease as by a bxxx of saleprospective tenants.

Surrender of Premises. Upon Tenant hereby agrees to vacate the terminationPhase 1 Premises and surrender and deliver exclusive possession of the Phase 1 Premises to Landlord on or before the Phase 1 Termination Date, whether by lapse and to vacate the Phase 2 Premises and surrender and deliver exclusive possession of time the Phase 2 Premises to Landlord on or otherwisebefore the Phase 2 Termination Date, each in accordance with the provisions of the Lease and this Agreement. On or upon before the Phase 1 Termination Date, Tenant shall, at Tenant's sole cost and expense, remove or cause to be removed from the Phase 1 Premises any termination and all of Tenant's personal property, and such similar articles of any other persons claiming under Tenant, and deliver the Phase 1 Premises to Landlord in a broom-clean condition. Tenant shall be obligated to remove the building-top component of “Tenant’s Signage” (as that term is defined in Section 23.4 of the Office Lease) on or before August 31, 2022, in the manner required under the Lease. Similarly, on or before the Phase 2 Termination Date, Tenant shall, at Tenant's sole cost and expense, remove or cause to be removed from the Phase 2 Premises any and all of Tenant's personal property and such similar articles of any other person's claiming under Tenant, and deliver the Phase 2 Premises to Landlord in a broom-clean condition, and in addition Tenant shall be obligated to remove Tenant’s sign(s) on any monument sign(s) serving the Project installed as part of Tenant’s right Signage on or before the Phase 2 Termination Date, in the manner required under the Lease. Tenant shall immediately repair at its own expense all damage to possession without termination the Phase 1 Premises and Phase 2 Premises, and the Building, resulting from any such removal in the manner required under the Lease. If Tenant fails to timely complete such removal and/or repair any damage caused by such removal, Landlord may (but shall not be obligated to) take such action as is permitted to Landlord in the Lease. In the event Tenant fails to surrender the Phase 1 Premises and/or the Phase 2 Premises by the applicable Termination Dates, then the holdover provisions of the Lease, Tenant will at once surrender possession and vacate including, without, limitation, Article 16 of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleapply.

Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once shall peaceably surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord broom-clean and in good the same condition and repairas on the date Tenant took possession, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “except for (a) reasonable wear and tear.” ; (b) loss by fire or other casualty; and (c) loss by condemnation. All fixtures, equipment, improvements, and appurtenances attached to or built into the Premises at the commencement of or during the Term, whether or not by or at the expense of Tenant, other than Tenant’s Property, shall be and remain a part of the Premises, shall be the property of Landlord, and shall not be removed by Tenant, except as directed by Landlord. Tenant shall surrender not be required to Landlord all keys remove any leasehold improvements unless (i) such removal is necessary to ensure that the Premises and make known Building comply with applicable code at the time of surrender, including but not limited to removal of wires located in risers and plenums without raceways or conduits; (ii) they were made without the consent of Landlord; or (iii) Landlord notified Tenant that removal would be required at the explanation time Landlord approved Tenant’s plans therefor. Tenant’s Property shall be and shall remain the property of all combination locks, which Tenant is permitted to leave on and may be removed by Tenant at any time during the Premises. Subject to the Landlord’s rights under Section 23 hereofTerm; provided that, if Tenant fails to remove any of Tenant’s Property within one (1) day after is removed, Tenant shall promptly repair any damage to the termination Premises or to the Building resulting from such removal. If Tenant abandons or surrenders the Premises or is dispossessed by process of this Leaselaw or otherwise, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such any of Tenant’s Property and Landlord left on the Premises shall be in no event be responsible for the valuedeemed abandoned, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordand, at its Landlord’s option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx xxxx of sale. If Landlord elects to remove all or any part of such Tenant’s Property, the reasonable cost of removal, including, without limitation, repairing any damage to the Premises or Building caused by such removal, shall be paid by Tenant. On the Expiration Date, Tenant shall surrender all keys, parking cards and other means of entry to the Premises, the Building and the Project, and shall inform Landlord of the combinations and access codes for any locks and safes located in the Premises. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring (“Telecom Wiring”) and any other components of Tenant’s Telecommunications System shall be removed at Tenant’s cost at the expiration of the Term, unless Landlord has specifically requested in writing that the Telecom Wiring shall remain, whereupon the Telecom Wiring shall be surrendered with the Premises as Landlord’s property.

Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without sooner termination of the term of this Lease (and whenever reference is made to the term of this Lease or the term hereof, such reference shall include any extension or renewal of the term of this Lease), if Tenant has fully and faithfully performed all of the terms, conditions and covenants of this Lease to be performed by Tenant, but not otherwise, Tenant will shall, at once surrender possession its sole costs and vacate expense, remove from the Premises its interior and exterior signs and all of its moveable trade fixtures and equipment, Tenant's Property, and such other items Tenant has installed ox xxxxed on the Premises, together with and Tenant shall repair all Leasehold Improvements (except those Leasehold Improvements damage thereto resulting from such removal. Tenant is required to remove pursuant to Section 8 hereof)shall thereupon surrender the Premises, to Landlord broom clean, in good condition and repair, ordinary reasonable wear and tear (including damage thereto which Tenant is not required to repair) excepted; conditions existing because . If Tenant has not fully and faithfully performed all of Tenant’s failure to perform maintenancethe terms, repairs or replacements as required xxxxitions and covenants of Tenant under this Lease shall not to be deemed “reasonable wear and tear.” performed by Tenant, Tenant shall surrender nevertheless remove Tenant's Property frox xxx Premises in the manner aforesaid within fifteen (15) days after receipt of written direction to do so from Landlord. Notwithstanding the foregoing, Tenant shall remove the floor coverings in the Premises only if directed to do so by Landlord in which event it shall do so, and shall repair all keys damage to the Premises and make known to Landlord resulting from such removal. In the explanation of all combination locks, which event Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails shall fail to remove any of Tenant’s 's Property within one (1) day after the termination of this Leaseor floor coverings as provided herein, or Tenant’s right to possession hereunderLandlord may, Landlordbut is not obligated to, at Tenant’s sole cost 's expense and expenseswith interest, shall be entitled remove all Tenant's Property and floor coverings not so removed and repair all damage to remove and/or the Premises resulting from such removal and may, but is not obligated to, at Tenant's expense, store such Tenant’s Property the same in any public or private warehouse, and Landlord shall be in have no event be responsible liability to Tenant for the value, preservation any loss or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses damage to Tenant's Property or floor coverings caused by or resulting from such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleotherwise.

Surrender of Premises. Upon On the termination, whether by lapse of time last day or otherwise, or upon any termination of Tenant’s right to possession without sooner termination of the Leaseterm, or any extension term, Tenant will at once shall quit and surrender possession and vacate the PremisesPremises broom clean, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary repair (reasonable wear and tear excepted; conditions existing because provided that damage to the Premises (such as, but not limited to, walls, floors and ceilings) resulting from the specific business use of Tenant’s failure to perform maintenance, repairs or replacements as required of the Premises by Tenant under this Lease shall not be deemed “reasonable considered ordinary wear and tear.” ), together with all alterations, additions and improvements which may have been made in, on or to the Premises, except movable furniture or unattached movable trade fixtures put in at the sole expense of Tenant; provided, however, that Tenant shall surrender ascertain from Landlord at least thirty (30) days before the end of the term whether Landlord desires to Landlord all keys have the Premises or any part thereof restored to the condition in which it was originally delivered to Tenant, and if Landlord shall so desire, then Tenant, at its own cost and expense, shall restore the same before the end of the term, remove from the Premises all its property together with any alterations, additions and make known to improvements, the removal of which is requested by Landlord, and any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord the explanation or be disposed of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, by Landlord, at Tenant’s sole 's cost and expensesexpense, shall without further notice to or demand upon Tenant. If the Premises be entitled to remove and/or store such Tenant’s Property not surrendered as and Landlord shall be in no event be responsible for the valuewhen aforesaid, preservation or safekeeping thereof. Tenant shall pay Landlordindemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, upon demandwithout limitation, any and all reasonable expenses caused claims made by any succeeding occupant founded on such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlorddelay. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord 's obligations under this Lease as by a bxxx Section shall survive the expiration or sooner termination of salethe term.

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term by Tenant or a Tenant Party, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Provided that Tenant fails to remove any has performed all of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession its obligations hereunder, LandlordTenant may remove all unattached trade fixtures, at Tenant’s sole cost furniture, and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be personal property placed in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storageelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, as the case may bein whole or in part, within by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, Tenant shall (not later than ten (10) days after written notice from the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request; provided, however, Tenant shall only be required to remove Alterations to the extent Landlord has required in writing delivered to Tenant concurrently with Landlord, Landlord’s approval of such Alterations. Tenant shall repair all damage caused by such removal. All items not so removed shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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; any such disposition shall immediately pass not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. Notwithstanding anything to Landlord under the contrary, in no event shall Tenant be obligated to remove or restore any of the improvements existing in the Premises as of the Commencement Date (including the Work, as defined in Exhibit D attached hereto). The provisions of this Lease as by a bxxx Section 21 shall survive the expiration or earlier termination of sale.the Lease. OFFICE LEASE AGREEMENT Xxxxxxxx Xxxx Xxxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx Arcutis, Inc. 27

Surrender of Premises. Section 19.1. Upon the termination, whether by lapse of time expiration or otherwise, or upon any sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord the Demised Premises, including, without limitation, all keys carpeting, additions, alterations, improvements, apparatus and fixtures, in good and broom clean condition and repair, subject to reasonable wear and tear and damage by fire or casualty, and with any Specialty Alterations designated by Landlord pursuant to Article 5 removed as well as unattached moveable fixtures, equipment and furniture installed by Tenant and any other personal property of Tenant. Tenant shall have the right, throughout the Lease Term, to remove from the Demised Premises Tenant’s trade fixtures which are removable without material damage to the Demised Premises, with it understood that any trade fixtures remaining in the Demised Premises and make known to Landlord upon the explanation expiration or sooner termination of all combination locks, which Tenant is permitted to leave on this Lease shall become the Premisesproperty of Landlord. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property within one (1) day after the items required to removed by Tenant upon the expiration or sooner termination of this LeaseLease as aforesaid for any reason whatsoever, or Tenant’s right to possession hereunderthe same shall become the property of Landlord, Landlordand Landlord may thereafter, at Tenant’s sole cost and expensesexpense, cause such property to be removed from the Demised Premises. Landlord shall not in any manner or to any extent be entitled obligated to remove and/or store reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination nor shall Landlord’s retention or sale of such property waive any of Landlord’s rights with respect to any default by Tenant under the foregoing provisions of this Section. Tenant shall, at Tenant’s Property sole cost and Landlord shall be in no event be responsible for expense, repair any damage to the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Demised Premises or storage, as the case may be, within ten (10) days after written notice Industrial Center resulting from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned removal effectuated by Tenant and title thereof shall immediately pass to Landlord under in accordance with this Lease as by a bxxx of saleSection 19.1.

Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, locks which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx xxxx of sale.

Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the term of this Lease, Tenant will at once shall surrender the Premises in the same condition it was in upon delivery of possession and vacate on the PremisesCommencement Date, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary reasonable wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord at the explanation place then fixed for the payment of Fixed Rent and shall inform Landlord of all combination combinations on any locks, which Tenant is permitted to leave on the Premisessafes and vaults. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the On or before expiration or termination of this Lease, or Tenant’s right to possession hereunderTenant shall remove all of its personal property and any fixtures, Landlord, at Tenant’s sole cost alterations and expenses, shall be entitled improvements installed by Tenant which Landlord directs Tenant to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof(other than Landlord's Improvements). Tenant shall pay Landlord, upon demand, repair any and all reasonable expenses damage to the Premises caused by such removal and all storage charges against such property so long as restore the same affected Portions of the Premises. Tenant shall be in possession liable for Fixed Rent and Addition Rent until the removal, repair and restoration has been completed. Any and all such property, alterations and improvements not so removed within 30 days after expiration or termination of this Lease shall, at Landlord's option, become the exclusive property of Landlord or under the control be disposed of by Landlord, at Tenant's cost, without further notice to or demand upon Tenant. In addition, if Tenant fails agrees that its failure to remove any such property, alterations or improvements within 30 days after the expiration or earlier termination of this Lease shall be conclusive evidence of Tenant’s Property 's intention to abandon the same. If the Premises is not surrendered as set forth above, Tenant shall indemnify, defend and hold Landlord harmless against loss or liability resulting from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned delay by Tenant and title thereof in so surrendering the Premises, including, without limitation, any claim made by any succeeding occupant based upon such delay. Tenant's obligation to observe or perform this covenant shall immediately pass to Landlord under survive the expiration or other termination of this Lease as by a bxxx of saleLease.

Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof, including, but not limited to, all interior walls cleaned, all holes in walls repaired, all floors broom cleaned and in good condition except for ordinary wear and tear and free of any unusual or extra-ordinary Tenant’s right -introduced marking or painting, all to possession hereunder, the reasonable satisfaction of Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlordremove all of its debris from the Project. At or before the time of surrender, upon demand, any Tenant shall comply with the terms of Paragraph 12.A. hereof with respect to Alterations to the Premises and all reasonable expenses caused by other matters addressed in such removal and all storage charges against such property Paragraph. If the Premises are not so long as surrendered at the same expiration or sooner termination of this Lease, the provisions of Paragraph 25 hereof shall be in possession of Landlord or under the control of Landlordapply. In addition, if Tenant fails All keys to remove any Tenant’s Property from the Premises or storageany part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Tenant shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the case may be, within ten (10) days after written notice from LandlordTerm or as a consent by Landlord to any holding over by Tenant. In the event of Tenant's failure to participate in such joint inspection, Landlord, 's inspection at or after Tenant's vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. Any delay caused by Tenant's failure to carry out its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord obligations under this Lease as by a bxxx Paragraph 36 beyond the term hereof, shall constitute unlawful and illegal possession of salePremises under Paragraph 25 hereof.

Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof, except for normal wear and tear including, but not limited to, all interior walls cleaned, all interior painted surfaces repainted in the original color, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment in operating order and in good repair; and all floors cleaned, waxed, and free of any Tenant-introduced marking or Tenant’s right painting, all to possession hereunderthe reasonable satisfaction of Landlord. Tenant short remove all of its debris from the Project. At or before the time of surrender, LandlordTenant shall comply with the terms of Paragraph 12.A, hereof with respect to Alterations to the Premises and all other matters addressed in such Paragraph. If the Premises are not so surrendered at Tenant’s sole cost and expensesthe expiration or sooner termination of this Lease, the provisions of Paragraph 23 hereof shall apply. All keys to the Premises or any part thereof shall be entitled surrendered to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for upon expiration or sooner termination of the value, preservation or safekeeping thereofTerm. Tenant shall pay give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant's failure to give such notice or participate in such joint inspection, Landlord, upon demand, any 's inspection at or after Tenant's vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant's responsibility for repairs and all reasonable expenses restoration. Any delay caused by such removal Tenant's failure to carry out its obligations under this Paragraph 36 beyond the term hereof, shall constitute unlawful and all storage charges against such property so long as the same shall be in illegal possession of Landlord or Premises under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleParagraph 23 hereof.

Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally look possession thereof, including, but not limited to, all interior walls cleaned, all interior painted surfaces repainted in the original color, all holes in walls repaired, all carpets shampooed and cleaned, and all floors cleaned, waxed, and free of any Tenant’s right -introduced marking or painting, all to possession without the reasonable satisfaction of Landlord. Tenant shall remove all of its debris from the Project. At or before the time of surrender, Tenant shall comply with the terms of Paragraph 12.A. hereof with respect to Alterations to the Premises and all other matters addressed in such Paragraph. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, the provisions of Paragraph 25 hereof shall apply. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease, Term. Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), shall give written notice to Landlord in good condition at least thirty (30) days prior to vacating the Premises and repairshall meet with Landlord for a joint inspection of the Premises at the time of vacating, ordinary wear and tear excepted; conditions existing because but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant’s failure to perform maintenance, give such notice or participate in such joint inspection. Landlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs or replacements as required of Tenant and restoration. Any delay caused by Tenant’s failure to carry out its obligations under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to Paragraph 36 beyond the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 term hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost shall constitute unlawful and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in illegal possession of Landlord or Premises under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleParagraph 25 hereof.

Surrender of Premises. Upon On or before the terminationTermination Date, whether by lapse Tenant shall surrender possession of time the Premises to Landlord, together with any and all card keys or otherwise, or upon any termination other access devices. Prior to such surrender Tenant shall remove from the Premises all of Tenant's furniture, equipment and personal property and any collateral in which a lender to Tenant holds a security interest. In connection with Tenant’s right surrender of the Premises, Tenant shall not be obligated to possession remove any fixtures, alterations or cabling nor make any repairs or reimburse Landlord for any repairs to the Premises, but will remove any hazardous waste or related materials that Tenant has brought onto the Premises (“Tenant’s Hazardous Waste”). Tenant shall surrender the Premises in “AS IS” condition (except as expressly provided in this Agreement) without termination any obligation to comply with Section 13.2 of the Lease. Tenant shall obtain and file a termination of any Uniform Commercial Code filing covering any collateral located at the Premises in which any lender to Tenant holds a security interest, and shall provide Landlord with a copy of the filed termination statement. Tenant will at once surrender possession shall have no further right, title, interest or benefit in, to or under the Premises and/or the Lease following the Termination Date, and vacate Landlord may dispose of all furniture, equipment, cabling or personal property that Tenant leaves on the PremisesPremises after the Termination Date. Tenant shall defend, together with all Leasehold Improvements indemnify and hold Landlord harmless from and against any expenses, costs (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereofincluding reasonable attorneys’ fees), to Landlord in good condition and repairlosses, ordinary wear and tear excepted; conditions existing because of claims, or damages arising from Tenant’s failure to perform maintenanceremove Tenant’s Hazardous Waste or equipment from the Premises by the Termination Date; provided, repairs however, the foregoing indemnification and defense obligations shall not pertain to any expenses, costs, attorneys’ fees, losses, claims, or replacements damages arising from Tenant’s failure to surrender the Premises on or before the Termination Date because they are addressed elsewhere in this Agreement. If Tenant fails to surrender possession of the Premises to Landlord by the Termination Date as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Agreement, then Tenant shall surrender pay Landlord Liquidated Damages (defined below) as Landlord’s exclusive damage remedy and Landlord may specifically enforce the terms of this Agreement, including bringing an unlawful detainer action to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which evict Tenant is permitted to leave on from the Premises. Subject Tenant will stipulate to an Eviction Judgment (“Judgment”) and Writ of Restitution (“Writ”) in the Landlord’s rights under Section 23 hereofform attached hereto as Exhibits 1 and 2, if and agrees Landlord may enter the Judgment and enforce the Writ without obligation to demonstrate damage or post a bond if, and only if, Tenant fails to remove any of Tenant’s Property within one (1) day after surrender the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, Premises by the Termination Date. Landlord shall be entitled to remove and/or store an award of attorney fees, costs and expenses in such Tenant’s Property action. Landlord shall not have the right to enter the Judgment or enforce the Writ unless Tenant fails to surrender possession of the Premises by the Termination Date, and Landlord shall be in no event be responsible for the valuedefend, preservation indemnify and hold Tenant harmless from and against any expenses, costs (including reasonable attorneys’ fees), losses, claims, or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice damages arising from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.’s

Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without earlier termination of the Term of this Lease, Tenant will at once shall peaceably quit and surrender possession to Landlord the Premises in neat and vacate the Premisesclean condition and in good order, condition and repair, together with all Leasehold Improvements alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereofas hereinafter provided), to Landlord in good condition and repair, excepting only ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenanceuse and damage by fire or other casualty for which, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination other provisions of this Lease, Tenant has no responsibility to repair or restore. Upon such expiration or earlier termination of the Term, Tenant shall remove from the Premises all of Tenant’s right 's Removable Property and, to possession hereunderthe extent specified by Landlord, Landlordall Alterations made by Tenant and all partitions wholly within the Premises unless installed initially by Landlord in preparing the Premises for Tenant's occupancy; and shall repair any damages to the Premises or the Building caused by such removal. Any Tenant's Removable Property which shall remain in the Building or on the Premises after the expiration or earlier termination of the Term of this Lease shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit, at Tenant’s 's sole cost and expenses, shall be entitled expense. Notwithstanding any provision herein to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlordcontrary, upon demandthe expiration or earlier termination of this Lease with respect to the Premises, or any and all reasonable expenses caused by such removal and all storage charges against such property so long as portion thereof which includes the same shall be in possession of Landlord or under the control of Landlord. In additionTest Pits, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordshall, at its optionsole cost and expense, promptly remove such Test Pits and restore such area to its condition on the date hereof, and Tenant's failure to do so shall be a Default hereunder and in such event Landlord, in addition to its other remedies hereunder, at law or in equity may deem all or any part apply as much of the Security Deposit as is required to effect such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salerestoration.

Surrender of Premises. Upon Tenant will surrender the termination, whether by lapse of time Premises to Landlord at the expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord this Lease in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall , permitted Alterations and damage by casualty or condemnation excepted, and will surrender to Landlord all keys to Landlord or Property Manager at the place then fixed for Tenant’s payment of Basic Rent or as Landlord may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises and make known to or on the Property. Tenant will at such time remove all of its property from the Premises and, if Landlord the explanation of so requests, all combination locks, which previously specified Alterations Tenant is permitted to leave placed on the Premises. Subject Tenant will promptly repair any damage to the Premises caused by such removal. If Tenant does not surrender the Premises in accordance with this section, Tenant will release, indemnify, defend (with counsel reasonably acceptable to Landlord’s rights under Section 23 hereof, if Tenant fails to remove ) protect and hold harmless Landlord from and against any of Claim resulting from Tenant’s Property within one (1) delay in so surrendering the Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day after of the termination of this Lease, or Term is deemed abandoned. Tenant appoints Landlord as Tenant’s right agent to possession hereunder, Landlordremove, at Tenant’s sole cost and expensesexpense, shall be entitled to remove and/or store such all of Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at upon termination of this Lease and to cause its option, may deem all or any part of such transportation and storage for Tenant’s Property to have been abandoned by Tenant benefit, all at the sole cost and title risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleor in any manner in respect thereto.

Surrender of Premises. Upon Whenever under the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right terms hereof Landlord is entitled to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), at once shall surrender the Premises and the Connector UPS Room and the keys thereto to Landlord in good the same condition and repairas on the Commencement Date hereof, ordinary normal wear and tear only excepted; conditions existing because , and Tenant shall remove all of its personalty and all Rooftop Equipment therefrom and shall, if directed to do so by Landlord but subject to the contrary provisions of Exhibit B below with respect to the Exclusive Equipment, remove all improvements eligible for removal on the terms of Section 12 above (and/or any cabling installed by or on behalf of Tenant’s failure ) and restore the Premises to perform maintenanceits original condition prior to the construction of eligible improvements; provided, repairs or replacements as required of however, that Tenant under this Lease shall not be deemed “reasonable wear obligated to remove any improvements (other than the Exclusive Equipment and tear.” Tenant shall surrender to Landlord all keys cabling as aforesaid) to the extent present in the Premises and make known to Landlord as of the explanation of all combination locks, which Tenant is permitted to leave on the PremisesCommencement Date. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property within one (1) day after personal property on or before the expiration or earlier termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled to re-enter the Premises and repossess itself thereof, to remove all persons and to remove and/or store such Tenant’s Property all effects therefrom in accordance with applicable law, without being guilty of forcible entry, detainer, trespass or other tort, and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay to Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property such personal property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, Landlord at its option, may deem all or any part of such Tenant’s Property personal property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx xxxx of sale. Tenant's obligation to observe or LEGAL02/30607851v15 perform these covenants shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease or any renewal falls on Sunday or a legal holiday, this Lease shall expire on the business day immediately preceding.

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord). All alterations, additions or improvements made in or upon the Premises shall, at Landlord’s option (to be exercised pursuant to following sentence), either be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby), or shall remain in the Premises at the end of the Term without compensation to Tenant. Except as otherwise provided in Exhibit D, in connection with Landlord’s rights under Section 23 hereof, if Tenant fails to remove review and approval of any of Tenant’s Property within one proposed alterations, additions or improvements to the Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord’s notice of approval to Tenant with respect to the improvements in question, that Landlord will require Tenant to remove such alterations prior to the expiration of the Term; however, if Tenant submits plans and specifications to Landlord for proposed alterations, additions or improvements to the Premises and delivers a Removal Notice (1defined below) day after to Landlord contemporaneously with such submission by Tenant, and Landlord fails to notify Tenant that Tenant will be required to remove such alterations, additions or improvements to the Premises at the expiration of the Term, Landlord may not request such removal at the expiration of the Term; provided, further, Landlord will not require Tenant to remove any wiring or cabling upon the expiration or earlier termination of this Lease. A “Removal Notice” means a written notice from Tenant to Landlord that conspicuously states in bold, uppercase typeface that Tenant will not be required to remove the alterations, additions or Tenantimprovements in question at the end of the Term unless, contemporaneously with Landlord’s right notice of approval to possession hereunderTenant with respect to the improvements in question, Landlord notifies Tenant in writing that Landlord will require Tenant to remove such alterations prior to the expiration of the Term. Notwithstanding the foregoing, if Tenant does not obtain Landlord’s prior written consent for any alterations, additions or improvements to the Premises (whether such approval is required hereunder or otherwise), Tenant shall, at TenantLandlord’s sole cost written request, remove all such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and expensesfurniture as Landlord may request; however, Tenant shall not be entitled required to remove and/or store such Tenant’s Property and any addition or improvement to the Premises or the Project if Landlord shall has specifically agreed in writing that the improvement or addition in question need not be in no event be responsible for the value, preservation or safekeeping thereofremoved. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord's option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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. The provisions of this Section 21 shall immediately pass to Landlord under this Lease as by a bxxx survive the end of salethe Term.

Surrender of Premises. Upon Tenant will surrender the termination, whether by lapse of time Premises to Landlord at the expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord this Lease in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “repair (reasonable wear and tear.” Tenant shall , permitted Alterations, and damage by casualty or condemnation excepted), and will surrender to Landlord all keys to the Premises and make known to Landlord at the explanation place then fixed for Tenant’s payment of Basic Rent or as Landlord otherwise directs. Tenant will also inform Landlord of all combination combinations on locks, which safes and vaults, if any, in the Premises or on the Property. Tenant is permitted to leave on will at such time remove all of its property from the Premises and, if Landlord required as a condition of its consent, all specified Alterations carried out by Tenant in the Premises. Subject Tenant will promptly repair any damage to the Premises caused by such removal. If Tenant does not surrender the Premises in accordance with this section, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord’s rights under Section 23 hereof), if Tenant fails to remove protect and hold harmless Landlord from and against any of Claim resulting from Tenant’s Property within one (1) delay in so surrendering the Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day after of the termination of this Lease, or Term is deemed abandoned. Tenant appoints Landlord as Tenant’s right agent to possession hereunder, Landlordremove, at Tenant’s sole cost and expensesexpense, shall be entitled to remove and/or store such all of Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at upon termination of this Lease and to cause its option, may deem all or any part of such transportation and storage for Tenant’s Property to have been abandoned by Tenant benefit, all at the sole cost and title risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleor in any manner in respect thereto.

Surrender of Premises. The voluntary or other surrender of this Lease by the Tenant, or a mutual cancellation thereof, shall not automatically work a merger of the Landlord's and Tenant's estates. At the option of the Landlord such a surrender shall terminate all or any existing subleases or subtenancies, or may, at the option of the Landlord, operate as an assignment to it of any or all such subleases or subtenancies. Upon the terminationtermination of the Term, whether by lapse of time or otherwise, the Tenant shall surrender the Premises in the same condition as they have been received, excepting only reasonable use and wear and tear and damage by act of God or by the elements. If the Tenant is requested in writing by the Landlord to remove any personal property from the Building upon any termination of Tenant’s right to possession without the termination of the Lease, Tenant will at once surrender possession Lease and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required shall have failed to remove pursuant to Section 8 hereof)same, to the Landlord may at its option remove Tenant's personal property in good condition the manner the Landlord may choose and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys store said personal property without liability to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping loss thereof. Tenant shall pay Landlord, upon demand, the Landlord on demand any and all reasonable expenses caused by incurred in such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as including court costs and attorney's fees. The Landlord may, in its sole discretion, without notice, sell the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all personal property or any part thereof at private sale and without legal process for such price as the Landlord may obtain. Landlord shall apply the proceeds of such the sale first upon the expense incident to the removal and sale of the personal property, apply the balance to any amounts due from the Tenant to the Landlord pursuant to this Lease, and hold any additional balance, without interest, for the benefit of the Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.

Surrender of Premises. Upon the termination, whether by lapse of time Expiration Date or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the other termination of this Lease, Tenant shall peaceably quit and surrender to Authority the Premises in good order and condition, normal wear and tear excepted, free of debris and hazards, after having made the last necessary repair required by Tenant under this Section (and damage caused by casualty or condemnation excepted). The Premises shall be surrendered free and clear of all liens and encumbrances caused by Tenant’s . Tenant shall, before the Expiration Date or other termination of this Lease, remove all of Tenant's Property and repair any damage resulting from the removal; provided, however, that Authority shall have the right to possession require Tenant to leave all or a portion of the Tenant Cables in place if Authority notifies Tenant of its exercise of such right in writing prior to the Expiration Date or other termination of this Lease. Tenant's removal and repair work pursuant to this Section shall be performed (a) at Tenant's expense and at such time and, when required hereunder, Landlordin such manner as reasonably approved by Authority, (b) by duly licensed and bonded contractors or mechanics, (c) in a manner and using equipment and materials which will not interfere with or impair Authority's operations, use or occupation of the Building or the Building Systems, and (d) in accordance with any Building Rules and Regulations and all applicable Laws. Tenant's obligations under this Section shall survive the Expiration Date or other termination of this Lease. Any items of Tenant's Property which shall remain in the Premises after the Expiration Date of this Lease may, at Tenant’s sole cost the option of Authority, be deemed abandoned and expensesin such case may be disposed of by Authority in accordance with Civil Code Section 1980 et seq. or any other manner allowed by law. Concurrently with the surrender of the Premises as provided above, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In additionagrees, if Tenant fails requested by Authority, to remove any Tenant’s Property from execute, acknowledge and deliver to Authority a quitclaim deed to the Premises and any other instrument reasonably requested by Authority to evidence or storage, as otherwise effect the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all termination of Tenant's leasehold estate hereunder and to effect such transfer or any vesting of title to the Tenant Improvements or other improvements or equipment which are to remain part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease the Premises as by a bxxx of saleprovided herein.

Surrender of Premises. Upon the termination, whether by lapse of time Expiration Date or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant’s right to possession hereunder, Landlord, at Tenant’s sole its cost and expensesexpense, shall be entitled remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove and/or store such Tenant’s Property and Landlord shall be all Lines installed by or for Tenant that are located within the Premises or, in no event be responsible for the valuecase of Lines exclusively serving the Premises, preservation or safekeeping thereof. Tenant shall pay Landlordanywhere in the Project, upon demandincluding, any without limitation, the Building plenum, risers and all reasonable expenses conduits, and repair all damage to the Project caused by such removal as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and all storage charges against repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Xxxxxxxx), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Xxxxxx and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property so long as in Tenant’s name at Tenant’s expense and/or dispose of the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned manner permitted by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salelaw.

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary strictly in compliance with applicable law with respect to all Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may have requested be removed at the time it approved of such alterations, additions or improvements. Notwithstanding anything contained to the Landlord’s rights under Section 23 hereofcontrary herein, if Tenant fails shall have no obligations to remove any of the alterations that comprise Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Work as set forth on Exhibit B. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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; any such disposition shall immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. The provisions of this Lease as by a bxxx Section 21 shall survive the end of salethe Term.

Surrender of Premises. Upon the termination, whether by lapse of time On expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the LeaseTerm, Tenant will at once shall surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord the Premises and all Tenant’s improvements and alterations in good condition and repaircondition, ordinary wear and tear excepted; conditions existing because , Tenant shall remove all its personal property within the above stated time. Tenant shall immediately perform all restoration made necessary by the removal of any alterations or Tenant’s failure personal property. Landlord can elect to perform maintenance, repairs retain or replacements dispose of in any manner any alterations or Tenant’s personal property that Tenant does not remove from the Premises on expiration or termination of the Term as allowed or required of Tenant under by this Lease by giving at least ten (10) days’ notice to Tenant. Title to any such alterations or Tenant’s personal property that Landlord elects to retain or dispose of upon expiration of such 10-day period shall not be deemed “reasonable wear and tear.” vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such alterations or Tenant’s personal property. Tenant shall surrender be liable to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the for Landlord’s rights under Section 23 hereofcosts for storing, if removing, and disposing of any alterations or Tenant’s personal property. Initials: __MR_ __RW_ If Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from surrender the Premises to Landlord on expiration or storage, as the case may be, within ten (10) days after written notice termination of the Term as required by this Section, Tenant shall hold Landlord harmless from Landlord, Landlord, at its option, may deem all or any part of such damages resulting from Tenant’s Property failure to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as surrender the Premises, including, without limitation, claims made by a bxxx of salesucceeding tenant resulting from Tenant’s failure to surrender the Premises.

Surrender of Premises. Upon Tenant shall, at least ninety (90) days before the terminationlast day of the Term, whether by lapse arrange to meet Landlord for a joint inspection of time or otherwise, or upon any termination the Premises. In the event of Tenant’s right failure to possession without arrange such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. At the end of the Term or any renewal thereof or other sooner termination of the this Lease, Tenant will at once surrender peaceably deliver up to Landlord possession and vacate of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required improvements or additions upon or belonging to remove pursuant to Section 8 hereof)the same, to Landlord by whomsoever made, in good the same condition as received or first installed broom clean and repairfree of all debris, ordinary wear and tear and damage by fire, earthquake, Act of God, or the elements alone excepted; conditions existing because of Tenant’s failure to perform maintenance. Tenant may, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the upon termination of this Lease, remove, to the extent purchased and installed by Tenant and removable without material damage to such property or the Premises: all movable partitions of less than full height from floor to ceiling; counters; and other personal property of Tenant’s right to possession hereunder, Landlord, . All such removal shall be at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property expense and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, fully repair any and all reasonable expenses damage caused by such removal removal. Property not so removed shall be deemed abandoned by the Tenant and all storage charges against such property so long as title to the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately thereupon pass to Landlord under this Lease as by a bxxx of sale. Tenant shall complete all work as required by Section 7 above, including without limitation, all Landlord’s conditions or requirements issued in conjunction with Landlord’s consent to any alterations, improvements or repairs. Upon request by Landlord, Tenant shall remove, at its sole cost and expense, any or all permanent improvements or additions to the Premises installed by Tenant and all movable partitions, counters and other personal property of Tenant and Tenant shall repair any damage resulting from such removal. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. All obligations of Tenant hereunder not fully performed as of the expiration or earlier termination of the Term of this Lease shall survive the expiration or earlier termination of the Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary: (i) to repair and restore the Premises as provided herein; and (ii) to discharge Tenant’s obligation for unpaid amounts due Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any Security Deposit shall be credited against the amount payable by Tenant hereunder.

Surrender of Premises. Upon At the termination, whether by lapse expiration or termination of time this Lease or otherwise, or upon any the termination of Tenant’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall immediately deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located thereon in good condition repair and repaircondition, ordinary reasonable wear and tear excepted; conditions existing because of excepted (and condemnation and Casualty damage not caused by Tenant’s failure , as to perform maintenancewhich Sections 16 and 17 shall control), repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known access cards to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the PremisesBuilding. Subject to any lien rights, security interest or other rights of Landlord in connection with an Event of Default, Tenant shall, at its sole cost, remove all trade fixtures, furniture, and personal property owned or otherwise placed in the Premises by Xxxxxx. Additionally, at Landlord’s rights under Section 23 hereofrequest, if Tenant fails to shall, at its sole cost and expense, promptly remove any from the Premises and the Building such alterations, additions, and improvements installed by or on behalf of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord. Tenant shall repair, at Tenant’s sole cost cost, all damage caused by any removal required hereunder. To the extent Tenant fails to perform the foregoing obligations in a timely manner, Landlord may, at Xxxxxxxx’s election, remove any items remaining and expenses, shall be entitled to remove and/or store such Tenant’s Property repair all damage caused thereby and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay the cost therefor. At Landlord, upon demand’s election, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same items remaining shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property deemed to have been abandoned by Tenant and title thereof 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, all at Tenant’s sole cost and expense. If Tenant vacates the Premises, Tenant shall immediately pass be deemed to have peacefully surrendered the Premises to Landlord notwithstanding that Tenant may have failed to fully perform its obligations under this Lease as by a bxxx Section. The provisions of salethis Section shall survive the end of the Term.

Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear and casualty excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable ordinary wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one thirty (130) day days after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx xxxx of sale.

Surrender of Premises. Upon Except in the terminationcase of condemnation described in subsection 12(a), whether by lapse of time at the expiration or otherwise, or upon any termination of Tenant’s right to possession without sooner termination of the term of this Lease, Tenant will at once shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession and vacate the Premisesthereto under this Lease, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary reasonable wear and tear excepted; conditions existing because , and shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of Tenant’s failure to perform maintenancerent and shall inform Landlord of all combinations on locks, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear safes and tear.” vaults, if any, in the Leased Premises. Tenant shall at such time remove all Tenant's Property, as well as any alterations or improvements, if requested to do so by Landlord and shall repair any damage to the Leased Premises caused thereby, and any or all of such properly not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. Tenant agrees that if Tenant does not surrender the Lease Premises to Landlord all keys to at the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination end term of this Lease, or Tenant’s right then Tenant will pay to possession hereunder, Landlord, at Tenant’s sole cost and expensesto the extent permitted by law, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible one hundred fifty percent (150%) of the amount of the rent paid by Tenant for the valuelast full month of the term for each month or portion thereof that Tenant holds over, preservation or safekeeping thereofunless such holdover is expressly permitted in advance by Landlord in writing. Furthermore, at all times, Tenant shall pay Landlordindemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Leased Premises including, upon without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. No receipt of money by Landlord from Tenant after termination of this Lease or the service of any notice of commencement of any suit or final judgment for possession shall reinstate, continue or extend the term of this Lease or affect any such Notice, demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord suit or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salejudgment.

Surrender of Premises. Upon In accordance with the termination, whether by lapse of time specifications and requirements set forth in Exhibit H and Article 8 Tenant will surrender the Premises to Landlord at the expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord this Lease in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” , Casualty (subject to Landlord’s rights with respect to Tenant shall Damage) and Taking excepted, and will surrender to Landlord all keys to the Premises and make known to Property Manager or to Landlord at the explanation place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise reasonably directs. Tenant will at such time remove all of Tenant’s Personal Property from the Property and, if Landlord so requires as permitted under this Lease, all specified Alterations that Tenant placed on the Property; provided, however, that in all cases, Tenant will be required to comply with the restoration requirements set forth in Exhibit H. Tenant will promptly repair any damage to the Premises or the Property caused by such removal. Tenant will also inform Landlord of all combination combinations on locks, which safes and vaults, if any, that Tenant is permitted allowed to leave on at the PremisesProperty. Subject Tenant releases and, to the fullest extent allowable under the Laws, will be liable for, and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against, any Claim resulting from Tenant’s rights under failure or delay in surrendering the Premises in accordance with this Section 23 hereof16.1 (except to the extent caused by or resulting from the willful misconduct of any Landlord Party), including, without limitation, any Claim due to the loss of, or made by, any succeeding occupant founded on such delay (provided that Tenant is notified by Landlord in writing of such succeeding occupant at least 30 days in advance). All property of Tenant not removed on or before the last day of the Term is deemed abandoned. Landlord may remove all such abandoned property from the Property and cause its transportation and storage in a public warehouse or elsewhere at the cost and for the account of Tenant, and if Tenant fails to remove any of Tenant’s Property within one (1) day after pay the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against therefor Landlord may cause such property so long as the same shall to be in possession sold or otherwise disposed of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all without further obligation or any part accounting to Tenant. Landlord will not be liable for damage, theft, misappropriation or loss of any such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleproperty or in any other manner in respect thereto.

Surrender of Premises. Upon Except for changes resulting from eminent domain proceedings, at the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without sooner termination of the Lease Term, Tenant shall surrender the Property in the same condition as the Property were in upon delivery of possession thereto under this Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary reasonable wear and tear excepted; conditions existing because , and shall surrender all keys for the Property to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Property. Tenant shall at such time remove all of Tenant’s failure 's moveable equipment, machinery, trade fixtures and other personal property, as well as any alterations or improvements, if requested to perform maintenancedo so by Landlord, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys repair any damage to the Premises Property caused thereby, and make known to Landlord the explanation any or all of all combination lockssuch property not so removed shall, which Tenant is permitted to leave on the Premises. Subject at Landlord's option, and to the Landlord’s rights under Section 23 hereofextent permitted by applicable law, if Tenant fails to remove any become the exclusive property of Tenant’s Property within one (1) day after the termination Landlord or be disposed of this Lease, or Tenant’s right to possession hereunder, by Landlord, at Tenant’s 's sole cost and expensesexpense, without further notice to or demand upon Tenant. In the event Tenant shall be entitled fail to remove and/or store pay the cost of any such Tenant’s Property repair, Landlord may do so and Tenant shall reimburse Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofamount thereof within 5 days after receipt of a bill therefor. If Tenant shall pay Landlordso surrender the Property, upon demandXxxxxx shall indemnify Landlord against loss or liability resulting from the delay by Xxxxxx in so surrendering the Property including, without limitation, any and all reasonable expenses caused claims made by any succeeding occupant founded on such removal and all storage charges against such property so long as delay. Tenant's obligation to observe or perform this covenant shall survive the same shall be in possession expiration or other termination of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleTerm.

Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof, including, but not limited to, all interior walls cleaned, all holes in walls repaired, all carpets shampooed and cleaned, and all floors cleaned, waxed, and free of any Tenant-introduced marking or Tenant’s right painting, all to possession hereunder, the reasonable satisfaction of Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlordremove all of its debris from the Project. At or before the time of surrender, upon demand, any Tenant shall comply with the terms of Paragraph 12.A. hereof with respect to Alterations to the Premises and all reasonable expenses caused by other matters addressed in such removal and all storage charges against such property Paragraph. If the Premises are not so long as surrendered at the same expiration or sooner termination of this Lease, the provisions of Paragraph 25 hereof shall be in possession of Landlord or under the control of Landlordapply. In addition, if Tenant fails All keys to remove any Tenant’s Property from the Premises or storage, as any part thereof shall bc surrendered to Landlord upon expiration or sooner termination of the case may be, within ten Term. Tenant shall give written notice to Landlord at least thirty (1030) days after written prior to vacating the Premises and shall meet with Landlord for a joint inspection of the premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant's failure to give such notice from Landlordor participate in such joint inspection, Landlord, 's inspection at or after Tenant's vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. Any delay caused by Tenant's failure to carry out its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord obligations under this Lease as by a bxxx Paragraph 36 beyond the term hereof, shall constitute unlawful and illegal possession of salePremises under Paragraph 25 hereof. 37.

Surrender of Premises. Upon Tenant shall vacate the termination, whether by lapse of time Premises and surrender and deliver exclusive possession thereof to Landlord on or otherwise, or upon any termination of Tenant’s right to possession without termination of before the Lease, Lease Termination Date. Tenant will at once shall surrender possession and vacate of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be accept such surrender, in no event be responsible the same physical condition as exists on the date of this Agreement, absolutely "AS IS" and "WITH ALL FAULTS." Landlord acknowledges that it constructed the Project, and that Landlord is relying solely on its own investigation, evaluation and analysis of the Premises in connection with this Agreement, save and except for Tenant's express representations, warranties and covenants in this Agreement. Effective on the valueLease Termination Date, preservation Tenant relinquishes any claim to ownership or safekeeping thereofreimbursement with respect to any of the "Base Building Changes", as that term is defined in Section 1 of the First Amendment. Tenant further agrees that, subject to satisfaction or waiver of the Termination Conditions, Landlord shall pay have the right to retain the two (2) HVAC chillers and associated cooling towers which were purchased for use at the Premises, and are currently stored off-site (the "HVAC CHILLERS"). Tenant will transfer ownership of such HVAC Chillers to Landlord, upon demandeffective on the Lease Termination Date, any by delivery of a bill of sale (the "BILL OF SALE") with respect to the HVAC Chillers, xx the form attachxx xereto as EXHIBIT A, also on an absolute "AS IS" and "WITH ALL FAULTS" basis, with no representation, warranty or covenant except as set forth in this Agreement or the Bill of Sale. Tenant represents to Landlord that as of the Terminatixx Xate, there are no storage or other costs outstanding with respect to the HVAC chillers. Landlord shall bear all reasonable expenses caused by such removal and all storage charges against such property so long as costs of storing the same shall be in possession of Landlord or under chillers after the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storageLease Termination Date, as well as costs of moving and installing the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salechillers.

Surrender of Premises. Upon No act or thing done by Landlord or any agent or employee of Landlord during the termination, whether Lease Term shall be deemed to constitute an acceptance by lapse Landlord of time or otherwise, or upon any termination of Tenant’s right to possession without termination a surrender of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant Premises unless such intent is required to remove pursuant to Section 8 hereof), to Landlord specifically acknowledged in good condition and repair, ordinary wear and tear excepted; conditions existing because a writing signed by Landlord. The delivery of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord or any agent or employee of Landlord shall not constitute a surrender of the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the Premises or effect a termination of this Lease, whether or Tenant’s right to possession hereunder, not the keys are thereafter retained by Landlord, at Tenant’s sole cost and expenses, notwithstanding such delivery Tenant shall be entitled to remove and/or store the return of such keys at any reasonable time upon request until this Lease shall have been properly terminated. The voluntary or other surrender of this Lease by Tenant’s Property , whether accepted by Landlord or not, or a mutual termination hereof, shall not work a merger, and at the option of Landlord shall be operate as an assignment to Landlord of all subleases or subtenancies affecting the Premises. Notwithstanding the foregoing, in no event be responsible for shall Tenant have any obligation to remove the valueTenant Improvements made pursuant to the Work Letter attached hereto as Exhibit B; provided, preservation or safekeeping thereofhowever. Tenant shall pay Landlordbe obligated to remove all cabling and wiring, including any cabling and wiring installed as part of the Tenant Improvements made pursuant to the Work Letter attached hereto as Exhibit B, upon demandthe expiration or early termination of the Lease Term, and repair any damage to the Premises and all reasonable expenses Building caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleremoval.

Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s right to of possession without termination of the Leasehereunder, Tenant will at once surrender possession and vacate shall remove all Tenant’s Property from the Premises, together with remove all Leasehold Improvements Required Removables (except those Leasehold Improvements if any) under Section 8.03, remove all non-building standard signage installed by or on behalf of Tenant is required to remove pursuant to Section 8 hereof(excluding Tenant’s Elevator Bank Signage, which shall be removed by Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession hereunder ), and quit and surrender the Premises to Landlord Landlord, broom clean, and in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” , damage by casualty or the acts of Landlord, and matters for which Landlord is responsible under this Lease, excepted. Tenant shall surrender to Landlord all keys to repair any damage caused by the Premises and make known to Landlord the explanation installation or removal of all combination locks, which Tenant’s Property or Required Removables or signage that Tenant is permitted obligated to leave on the Premisesremove hereunder. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property or to restore or repair the Premises to the required condition as provided herein upon the expiration of the Term of this Lease (or, as applicable, within one twenty (120) day days after the any earlier termination of this Lease, Lease or Tenant’s right to possession hereunder), then Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled entitled, but not obligated, to remove and/or and store such Tenant’s Property and and/or perform such restoration or repair of the Premises. Landlord shall be in no event not be responsible for the value, preservation preservation, or safekeeping thereof. of Tenant’s Property, and Tenant shall pay to Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordincurred. In addition, if If Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Property to have be abandoned and, at Landlord’s option, title to [***]Confidential treatment has been abandoned by Tenant and title thereof requested Tenant’s Property shall immediately pass to vest in Landlord under this Lease as by a bxxx or Landlord may dispose of saleTenant’s Property in any manner Landlord deems appropriate.

Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of this Agreement, the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender the Premises to Landlord all keys Owner, in a condition equal to the condition of the Premises at the beginning of this Agreement, reasonable use and wear and damage by elements excepted. Denial of Access. If the Tenant shall default under the terms of this Agreement, Owner may deny access to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject by placing lock or denying access-code information to the Landlord’s rights under Section 23 hereof, if Tenant fails until all defaults are cured pursuant to remove SDCL § 44-14-3(3)(c) and any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofamendments thereto. Tenant shall pay Landlorda service fee of twenty-five dollars ($25.00) to have the locking mechanism removed and/or access removed and/or re-established. Owner’s Lien on all Personal Property. Pursuant to SDCL § 44-14-2, upon demandthe Owner shall have a lien on all personal property located at the Premises for rent, labor, expenses necessary for the preservation of the property, expenses incurred if it becomes necessary for Owner to commence legal action to collect any sums provided for in this Agreement, and all reasonable for expenses caused by such removal and all storage charges against such reasonably incurred in the sale or disposition pursuant to SDCL § 44-14. Abandoned Property. Upon the termination or expiration of this Agreement, if the Tenant should leave property so long as not removed within fifteen (15) days of notice given pursuant to SDCL § 44-14-3, the same property shall be deemed abandoned and upon compliance with SDCL § 44-14-3, the Owner may sell or dispose of the property, and the Owner shall not be responsible to the Tenant for the theft, removal, damage or destruction of said property. Disposal Fee. Tenant shall pay an abandoned property disposal charge of fifty dollars ($50.00) plus any expenses, including a reasonable amount of attorney fees, incurred by the Owner if it becomes necessary for Owner to commence legal action to collect any sums provided for in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleAgreement.

Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once agrees to quit and surrender possession and vacate the Premises, together with clean and free of any and all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)hazardous or toxic substances, to Landlord hazardous wastes, infectious wastes, solid waste, pollutants and contaminants which were released, spilled or discharged into or on the Project during the Tenant's tenancy and in good the same condition and repairrepair as on the date of execution hereof, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to remove the Casino and, at the discretion of Landlord, any other improvements, fixtures or structures installed or located within the Premises or any public right of way at Tenant's sole cost and make known expense and without expense to Landlord the explanation of all combination locks, which Landlord. If Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails shall fail to remove any of Tenant’s Property 's property within one (1) day 30 days after the receipt of notice of termination or expiration of this Lease, Tenant's property shall, at the option of Landlord, either be deemed abandoned and become the exclusive property of Landlord, or Tenant’s Landlord shall have the right to possession hereunderremove Tenant's property at the expense of Tenant, Landlord, at Tenant’s sole cost without further notice to or demand upon Tenant and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be hold Tenant responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable charges and expenses caused incurred by such removal Landlord therefor. If the Premises is not surrendered as and when aforesaid, Tenant shall indemnify Tenant against all storage charges against such property loss or liability resulting from the delay of Tenant in so long as surrendering the same shall be in possession of Landlord or under the control of Landlordincluding without limitation, any claims made by any succeeding occupant founded on such delay. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord 's obligations under this Lease as by a bxxx Section shall survive the expiration or sooner termination of salethe Term.

Surrender of Premises. Upon the termination, whether No act by lapse Landlord shall be deemed an acceptance of time or otherwise, or upon any termination a surrender of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease Tenant shall deliver to Landlord the Premises (or the relevant portion thereof) with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 13 and 14 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Buildings by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or by any of Landlord’s prior tenants (except Tenant herein). Additionally, at Landlord’s option, Landlord may require Tenant to remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Off-Premises Equipment) which may have been installed by Tenant (subject to the Landlord’s rights under provisions of Section 23 hereof7(a); however, if Tenant fails shall only be required to remove any of Tenant’s Property within one (1) day after addition or improvement to the termination of this Lease, Premises or Tenant’s right to possession hereunder, Landlord, the Project if Landlord has specifically required in writing at Tenant’s sole cost the time Landlord approves the plans and expenses, shall specifications with respect thereto that the improvement or addition in question must be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofremoved. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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. The provisions of this Section 20 shall immediately pass to Landlord under this Lease as by a bxxx survive the end of salethe Term.

Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, locks which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.

Surrender of Premises. Upon the termination, whether by lapse expiration or termination of time or otherwisethe Term for whatever cause, or upon any termination the exercise by Landlord of Tenant’s its right to possession re-enter the Premises without termination of the terminating this Lease, Tenant will at once shall immediately, quietly and peaceably surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord possession of the Premises in "broom clean" and good order, condition and repair, except only for ordinary wear and tear excepted; conditions existing because tear, damage by casualty not covered by Section 15.2 and repairs to be made by Landlord pursuant to Section 15.1. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et ~9,., of the Utah Code Ann. (Xr any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant’s failure , and to perform maintenancerestore the Premises to their condition on the date of this Lease. All personal property, repairs trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or replacements on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from Tenant's obligations under this Lease in connection with surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release. While Tenant remains in possession of the Premises after such expiration, termination or exercise by Landlord of its re-entry right, Tenant shall be deemed to be occupying the Premises as required a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease Lease, except that the daily Rent shall not be deemed “reasonable wear and tear.” Tenant twice the per-day Rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall surrender to Landlord all keys to extend the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the PremisesTerm. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any surrender possession of Tenant’s Property within one (1) day after the termination of this LeasePremises in the condition herein required, or Tenant’s right to possession hereunder, LandlordLandlord may, at Tenant’s sole cost and expenses's expense, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from restore the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of to such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salecondition.

Surrender of Premises. Upon Tenant shall vacate the termination, whether by lapse of time Premises at the expiration or otherwise, or upon any termination of this Lease and all alterations, additions, improvements and fixtures (other than Tenant’s right to possession without termination 's trade fixtures and signs) which have been made or installed by Tenant shall remain as part of the Lease, Premises and shall be the sole property of Landlord. When Tenant will at once surrender possession and vacate vacates the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord shall leave the Premises in as good condition and repairas it was when the Lease started, ordinary wear and tear excepted; conditions existing because with the exception of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” . If the Premises are not so surrendered, Tenant shall indemnify Landlord against loss, liability or expense resulting from delay by Tenant in so surrendering the Premises or failure to leave the Premises in the condition required under this rental agreement including, but not limited to, claims made by any succeeding t e n a n t founded on such delay. Tenant shall surrender to Landlord all keys to Landlord at the Premises and make known to Landlord the explanation of all combination locks, which time Tenant is permitted to leave on vacates the Premises. Subject If Tenant remains in possession of the Premises after the expiration of this L e a s e and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a Tenant from month-to-month, subject to all the conditions, provisions and obligations of this Lease in so far as the same can be applicable to a month-to-month tenancy, cancelable by either party upon one month's written notice to the Landlord’s rights under Section 23 hereofother, if Tenant fails but with a Base Rent of 150% of the amount due prior to remove any of Tenant’s Property within one (1) day after the termination expiration of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.

Surrender of Premises. Upon At the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession shall remove Tenant’s Property and vacate any and all Required Removables from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property within one (1) day after or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease, Lease or Tenant’s right to possession hereunderof the Premises, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or store such Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant’s Property. Tenant shall pay Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordincurred. In addition, if If Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and and, at Landlord’s option, title thereof to Tenant’s Property shall immediately pass to vest in Landlord under this Lease as by a bxxx or Landlord may dispose of saleTenant’s Property in any manner Landlord deems appropriate.

Surrender of Premises. Upon Tenant will surrender the termination, whether by lapse of time Premises to Landlord at the expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord this Lease in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall , permitted Alterations and damage by casualty or condemnation excepted, and will surrender to Landlord all keys to the Premises and make known to Property Manager or to Landlord at the explanation place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combination combinations on locks, which safes and vaults, if any, remaining in the Premises or on the Property. Tenant is permitted to leave will at such time remove all of its property from the Premises and, if Landlord so requests, except as otherwise expressly provided in this Lease, all specified Alterations and improvements Tenant placed on the Premises. Subject Tenant will promptly repair any damage to the Premises caused by such removal. If Tenant does not surrender the Premises in accordance with this section, Tenant will release, indemnify, defend (with counsel reasonably acceptable to Landlord’s rights under Section 23 hereof, if Tenant fails to remove ) protect and hold harmless Landlord from and against any of Claim resulting from Tenant’s Property within one (1) delay in so surrendering the Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day after of the termination of this Lease, or Term is deemed abandoned. Tenant appoints Landlord as Tenant’s right agent to possession hereunder, Landlordremove, at Tenant’s sole cost and expensesexpense, shall be entitled to remove and/or store such all of Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at upon termination of this Lease and to cause its option, may deem all or any part of such transportation and storage for Tenant’s Property to have been abandoned by Tenant benefit, all at the sole cost and title risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleor in any manner in respect thereto.

Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of this Lease or Xxxxxx’s right of possession hereunder, Tenant shall remove all Tenant’s Property from the Premises, remove all Required Removables (if any) under Section 8.03, remove all non-building standard signage installed by or on behalf of Tenant (excluding Tenant’s Elevator Bank Signage, which shall be removed by Landlord at the expiration or earlier termination of this Lease or Tenant’s right to of possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereofhereunder ), and quit and surrender the Premises to Landlord Landlord, broom clean, and in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” , damage by casualty or the acts of Landlord, and matters for which Xxxxxxxx is responsible under this Lease, excepted. Tenant shall surrender to Landlord all keys to repair any damage caused by the Premises and make known to Landlord the explanation installation or removal of all combination locks, which Tenant’s Property or Required Removables or signage that Tenant is permitted obligated to leave on the Premisesremove hereunder. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property or to restore or repair the Premises to the required condition as provided herein upon the expiration of the Term of this Lease (or, as applicable, within one twenty (120) day days after the any earlier termination of this Lease, Lease or TenantXxxxxx’s right to possession hereunder), then Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled entitled, but not obligated, to remove and/or and store such Tenant’s Property and and/or perform such restoration or repair of the Premises. Landlord shall be in no event not be responsible for the value, preservation preservation, or safekeeping thereof. of Tenant’s Property, and Tenant shall pay to Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordincurred. In addition, if If Tenant fails to remove any TenantXxxxxx’s Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and and, at Landlord’s option, title thereof to 24 Tenant’s Property shall immediately pass to vest in Landlord under this Lease as by a bxxx or Landlord may dispose of saleXxxxxx’s Property in any manner Landlord deems appropriate.

Surrender of Premises. Upon Subject to Section 4 of Exhibit E, upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear and damage by unavoidable casualty excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, locks which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx xxxx of sale.

Surrender of Premises. Upon On expiration of this Lease or within five (5) days after the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without earlier termination of the LeaseTerm, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys the Premises in good condition (except for ordinary wear and tear, repair and maintenance which is the obligation of Landlord, and destruction to the Premises and make known covered by Section 22). Tenant shall remove all its personal property within the above-stated time. Tenant shall perform all restoration made necessary by the removal of any alterations or Tenant’s personal property within the time periods stated in this paragraph. Landlord may elect to Landlord the explanation retain or dispose of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove in any manner any alterations or any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to personal property that Tenant does not remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises on expiration or storage, termination of the term as the case may be, within allowed or required by this Lease by giving at least ten (10) days’ notice to Tenant. Title to any such alterations or any of Tenant’s personal property that Landlord elects to retain or dispose of on expiration of the ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such alterations or any of Tenant’s personal property. Tenant shall be liable to Landlord for Landlord’s costs for storing, removing, and disposing of any alterations or any of Tenant’s personal property. If Tenant fails to surrender the Premises to Landlord on expiration or five (5) days after written notice termination of the term as required by this paragraph, Tenant shall indemnify and hold Landlord harmless from Landlordall claims, Landlord, at its option, may deem all or any part of such liability and damages resulting from Tenant’s Property failure to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as surrender the Premises, including, without limitation, claims made by a bxxx of salesucceeding tenant resulting from Tenant’s failure to surrender the Premises.

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 15 and 16 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to Provided that no Event of Default then exists under this Lease, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the LandlordPremises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s rights under Section 23 hereofOff-Premises Equipment) as Landlord requests; however, if Tenant fails shall not be required to remove any addition or improvement to the Premises or the Project for which Landlord’s approval was obtained unless Landlord has specifically stated in writing to Tenant at the time of Tenant’s Property within one (1) day after providing its approval to the installation of such improvement or addition that the improvement or addition in question must be removed at the expiration or earlier termination of this the Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have 21 Approved Texas Industrial Lease Form Based On Master Lease Version 22 been abandoned by Tenant and title thereof 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; any such disposition shall immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 21. The provisions of this Lease as by a bxxx Section 22 shall survive the end of salethe Term.

Surrender of Premises. Upon On the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the LeaseExpiration Date, Tenant will at once shall quit and surrender possession the Demised Premises broom clean, and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear together with all alterations, fixtures, installations, additions and tear excepted; conditions existing because improvements which may have been made in or attached on or to the Demised Premises, including but not limited to an aggregate of at least nine (9) lifts, electric or hydraulic but exclusive of any furniture and equipment, other than lifts, which replaced damaged or obsolete items (except if such items were damaged due to the gross negligence or intentional acts of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all require Tenant to restore the Demised Premises to the condition the Demised Premises was in on the Commencement Date in accordance with Section 6.03(b). Any personal property of Tenant which shall remain in or any part on the Demised Premises after the termination of such Tenant’s Property the Lease and the removal of Tenant from the Demised Premises, may, at the option of Landlord and without notice, be deemed to have been abandoned by Tenant and title thereof may either be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit, or if Landlord shall immediately pass give written notice to Tenant to such effect, such property shall be removed by Tenant, at Tenant's cost and expense; and Landlord shall not be responsible for any loss or damage occurring to any such property owned by Tenant. Tenant's obligation under this Lease as by a bxxx of saleSection shall survive the Expiration Date.

Surrender of Premises. Upon the termination, whether by lapse expiration or termination of time this Lease or otherwise, or upon any termination of Tenant’s 's right to of possession without termination of the LeasePremises, or any part thereof, Tenant will at once shall surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises immediately and deliver possession thereof to Landlord in a clean, good condition and repairtenantable condition, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of and Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender hereby grants to Landlord all keys full and free license to enter into and upon the Premises in such event without further notice beyond the notice required under Section 13.01, and with or without process of law to repossess Landlord of the Premises as of Landlord's formers estate and to expel or remove Tenant and any others who may be occupying or be within the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any and all property therefrom, using such force as may be necessary, without being deemed in any manner guilty of Tenant’s Property within one (1) day after trespass, eviction or forcible entry or detainer, and without relinquishing Landlord's rights to Rent or any other right given to Landlord hereunder or by operation of law. Upon the expiration or termination of this Lease, or Tenant’s right at Landlord's election, Tenant shall remove all alterations, additions, improvements, installments and decorations from the Premises, except alterations effected pursuant to possession hereunder, Landlord, at Tenant’s sole cost and expenses, the Work Letter attached hereto as Exhibit E. Tenant shall be entitled to remove and/or store from the Premises all moveable trade fixtures and other personal property of Tenant (other than floor coverings), provided Tenant shall immediately repair all damage resulting from such removal and shall restore the Premises to its original condition, ordinary wear and tear excepted. In the event possession of the Premises is not immediately delivered to Landlord or if Tenant shall fail to remove all of Tenant’s Property 's moveable personal property, as aforesaid, Landlord may remove any of such property therefrom without any liability to Tenant, and at Tenant's expense. All moveable personal property which may be removed from the Premises by Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property conclusively presumed to have been abandoned by Tenant Tenant, and title thereof thereto shall immediately pass to Landlord under without any cost or credit therefor, and Landlord may, at its option and at Tenants expense, store and/or dispose of such property. Nothing contained in this Lease as by a bxxx of saleArticle 14 shall be deemed to limit Landlord's lien rights granted pursuant to Section 13.01.D hereinabove.

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials place on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request, provided such request was made (i) at the time Landlord gave its consent to the Landlord’s rights under Section 23 hereofsuch alterations, additions or improvements, or (ii) at any time if consent to such alterations, additions or improvements was required but not obtained; however, Tenant fails shall not be required to remove any of Tenant’s Property within one (1) day after addition or improvement to the termination of this Lease, Premises if Landlord has specifically agreed in writing that the improvement or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall addition in question need not be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofremoved. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord's option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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. The provisions of this Section 21 shall immediately pass to Landlord under this Lease as by a bxxx survive the end of salethe Term.

Surrender of Premises. Upon Subject to Section 9.4, Tenant shall, upon the termination, whether by lapse of time Expiration Date or otherwise, or upon any sooner termination of this Lease hereof, surrender the Premises to Landlord free of all tenancies, occupancies, liens, encumbrances and Tenant’s right to possession without termination of the Leasetrade fixtures or personal property and in a good, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repairbroom clean condition, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” but in all circumstances, Tenant shall be required to surrender the Premises to Landlord all keys in a condition equal to or better than the condition the Premises was required to be maintained by Tenant pursuant to Section 8.2. Tenant shall notify Landlord in writing (“Xxxxxx’s Inspection Notice”) at least one hundred twenty (120) days prior to vacating the Premises and make known shall within thirty (30) days prior to vacating arrange to meet with Landlord for a joint inspection of the explanation Premises prior to vacating. If Tenant timely delivers Tenant’s Inspection Notice and the parties meet for a joint inspection of all combination locksthe Premises prior to Tenant’s vacation of the Premises, which then Landlord shall have the right, as it deems necessary or desired, to provide Tenant is permitted with a list of items (“Landlord’s Inspection List”) that Landlord shall require Tenant, at Tenant’s sole cost, to leave on remove, repair, replace and/or restore prior to the Expiration Date or any earlier termination date. If Tenant fails to timely give such Xxxxxx’s Inspection Notice or to timely arrange for such inspection, then Landlord’s inspection of the Premises shall be deemed conclusive for the purpose of determining Tenant’s responsibility for removal, repairs, replacement and/or restoration of the Premises. Subject Landlord shall have the right (whether or not Landlord has inspected the Premises prior to Xxxxxx’s vacation thereof) to inspect the Premises after Tenant vacates and surrenders possession of the Premises to Landlord to determine whether or not additional removal, repairs, replacement and/or restoration work is required by Tenant hereunder, in which case, Tenant shall continue to be responsible for any such additional items of removal, repair, replacement and/or restoration work identified by Landlord. In addition, at least fourteen (14) days but no more than thirty (30) days prior to the Expiration Date or any earlier termination date, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the HVAC and other air-handling systems are then in a state of good repair and working order. No act or conduct of Landlord’s rights under Section 23 hereof, if except a written acknowledgment of acceptance of surrender signed by Xxxxxxxx, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant fails prior to remove the Expiration Date. If any evidence of this Lease was recorded, then Tenant’s Property within one (1) day after the , upon surrender, shall execute, acknowledge and deliver a memorandum of termination of this Lease, and, if Tenant shall fail or Tenant’s refuse to do so, Landlord shall, as Xxxxxx's attorney-in-fact, have the right to possession hereunderexecute, Landlordacknowledge and deliver such memorandum of termination. On or before the Expiration Date or earlier termination of this Lease, Tenant, at Tenant’s its sole cost and expensesexpense, shall be entitled remove any signage Tenant installed on the exterior of the Premises and shall repair any damage to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation exterior of the Premises or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses the Common Areas caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordremoval. In addition, if Tenant fails to Tenant, at its sole cost and expense, shall: (x) remove any Tenantpylon, monument or roof sign panels previously installed; (y) replace such sign panels with blank panels of a background color as set forth in Landlord’s Property from current sign criteria; and (z) repair, to Landlord's satisfaction, any damage to the Premises Common Areas, the exterior of the Premises, or storageroof, as the case may be, within ten (10) days after written notice from Landlordcaused by such removal. In the event Tenant fails to perform any such removals and repairs, LandlordLandlord may, at its optionoption (without obligation), may deem all or any part of such perform same at Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleexpense.

Surrender of Premises. Upon On the terminationexpiration or earlier termination of the Lease Term, whether Tenant shall quit and surrender the Premises, broom clean, in good condition and repair (reasonable wear and tear, and damage by lapse of time or otherwisefire excepted), together with alterations, additions and improvements including, but not limited to, carpeting, lighting fixtures, and sign box, if any, that may have been made in, to, or on the premises, except movable furniture or unattached movable trade fixtures. On or before the end of the Lease Term, Tenant shall remove all its property from the Premises and all property not removed shall be deemed abandoned by T enant (but nothing herein contained shall be deemed to eliminate the right of Landlord to have Tenant restore the Premises and remove any alterations, fixtures, equipment, etc., all at Tenant's sole cost and expense). If the Premises are not surrendered at the end of the Lease Term, Tenant shall indemnify Landlord and/or its management company against any loss or liability resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant founded on the delay. Section 23.2 -Holdover, If Tenant should remain in possession of the Premises after the expiration of the Lease Term, then in addition to the indemnification of Landlord and/or its management company by Tenant required in Article 11.2, the Tenant holding over shall be deemed to be a Tenant at sufferance only, upon the same terms and conditions as specified in this Lease, unless different terms and conditions are imposed by Landlord prior to or at any termination time and from time to time after the expiration of Tenant’s right this Lease, and further provided that unless Landlord and Tenant are engaged in bona fide negotiations to possession without termination extend or renew the terms of the Lease, Tenant will at once surrender possession and vacate the PremisesMinimum Rent for such period shall be an amount equal to double the Minimum Rent for the last year of the expired Term, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” but Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which nevertheless be considered a Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salesufferance only.

Surrender of Premises. Upon Unless terminated sooner, Tenant shall deliver the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right Demised Premises to possession without the Landlord at the termination of the LeaseBase Term or any Option Periods, whichever shall occur later. Except as provided in Section 9 and unless otherwise specified by the Landlord in writing, the Tenant will at once surrender possession and vacate shall deliver the Premises, Demised Premises to the Landlord together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)improvements, to Landlord in good condition alterations and repairrepairs made by it during the Base Term and any Option Periods. At the time of surrender, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord deliver all keys for the Demised Premises to the Premises Landlord at the place then fixed for the payment of Rent and make known to shall inform the Landlord the explanation of all combination locks, safes and vaults, if any, which Tenant is permitted to leave on are a part of the Demised Premises. Subject Any items remaining in the Demised Premises after surrender of the keys to the Demised Premises shall be deemed abandoned for all purposes and shall become the property of Landlord’s rights under Section 23 hereof, if and the latter may dispose of the same without liability of any type or nature. If Tenant fails to remove any of shall default in surrendering the Demised Premises, Tenant’s Property within one (1) day after occupancy subsequent to such expiration or termination, in the termination event such occupancy is without the consent or acquiescence of Landlord or pursuant to an amendment or extension of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, said occupancy shall be entitled deemed to remove and/or store such Tenant’s Property be a tenancy-at-will and Landlord shall be in no event for month to month or year to year, and it shall be responsible for subject to all the valueterms, preservation covenants and conditions of this Lease applicable thereto, and no extension or safekeeping thereof. Tenant renewal of this Lease shall pay Landlordbe deemed to have occurred by such holding over; provided, upon demandhowever, any that the monthly installments of Minimum Rents payable hereunder during said holdover period shall be equal to 150% of the monthly installments of Minimum Rent payable during the last month of the term of the Lease, and all reasonable expenses caused by such removal and all storage charges against such property so long as the same Additional Rent payable hereunder shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of prorated during such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleholdover period.

Surrender of Premises. Upon At the terminationexpiration or earlier termination of the tenancy hereby created, whether Lessee shall peaceably surrender the Premises and any Family Recreational Permits or keys provided by lapse Lessor. Any improvements or other property of time Lessee remaining on the Premises thirty (30) days after the expiration or otherwiseearlier termination of this Lease shall be deemed abandoned by Xxxxxx, and Lessor may (but shall have no obligation to) claim the same and shall in no circumstances have any liability to Lessee therefore. Lessee shall reimburse Lessor all of Lessor’s actual costs associated with packing, removing, storing, selling or otherwise disposing of any such property, and Lessee shall remain responsible for and shall pay before delinquency, all municipal, county, or upon any termination state taxes assessed against such property until such time as Lessor sells or otherwise disposes of Tenantsuch property. In consideration of Xxxxxx’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate use the Premises, together with Lessee hereby gives, transfers, and assigns to Lessor all Leasehold Improvements (except those Leasehold Improvements Tenant of Lessee’s right, title, and interest in any property of any kind whatsoever which is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because left on the Premises after termination or expiration of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender after the period Lessee is provided for removing all such items as hereinbefore set forth. Lessee further in consideration of the same waives and relinquishes any and all claims existing or which might hereafter arise related to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave Xxxxxx’s acts or omissions in dealing with any such property left on the Premises. Subject , including but not limited to any claims of negligence, conversion, or any other claims related to the Landlordsame. If the Premises are not surrendered at the end of the term as hereinabove set out, Xxxxxx shall indemnify Lessor against loss or liability resulting from delay by Xxxxxx in so surrendering the Premises. Xxxxxx’s rights under Section 23 hereof, if Tenant fails obligation to remove any of Tenant’s Property within one (1) day after observe or perform this covenant shall survive the expiration or earlier termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.

Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without other termination of the LeaseTerm, Tenant will at once shall quit and surrender possession and vacate to Landlord the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)broom clean, to Landlord in good condition order and repaircondition, ordinary wear and tear and damage for which Tenant is not responsible under the terms Confidential Treatment Requested by Compass, Inc. Pursuant to 17 C.F.R. Section 200.83 of this Lease excepted; conditions existing because , and Tenant may remove all of its property pursuant to Article 4. Tenant’s failure obligation to observe or perform maintenance, repairs this covenant shall survive the expiration or replacements as required sooner termination of Tenant under the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and of any successor law of like import then in force in connection with any holdover summary proceedings which Landlord may institute to enforce the provisions of this Article. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not be deemed “reasonable wear and tear.” surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall surrender pay to Landlord all keys to for each month and for each portion of any month during which Tenant holds over in the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the Expiration Date or sooner termination of this Lease, or Tenant’s right a sum equal to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for two (2) times the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord Minimum Rent which was payable under this Lease as during the last month of the Term, plus one hundred percent (100%) of the Additional Rent which would have been due from Tenant for such holdover period had the Term not ended. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by a bxxx Landlord of salepayments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article, which provisions shall survive the Expiration Date or sooner termination of this Lease.

Surrender of Premises. Upon Lessee shall surrender the termination, whether by lapse of time subject premises to Lessors at the expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord this Lease in good condition order and repaircondition, ordinary reasonable wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs accepted. Upon the expiration or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the earlier termination of this Lease, fee simple title to the Leased Premises, including without limitation, all Improvements or Tenant’s right Gaming Structures shall vest in Lessors free and clear of any liens and encumbrances of any type other than those created by Lessors without any obligation by Lessors to possession hereunderpay any compensation to Lessee or any other person or entity. To this end, LandlordLessee agrees to execute and deliver a limited warranty deed for any Improvements, Gaming Structures and Permanent Facility then located on the Leased Premises promptly upon the request of the Lessors for no additional consideration. Further, at Tenant’s sole cost the expiration or earlier termination of this Lease, Lessee shall execute, acknowledge and expenses, shall be entitled deliver to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may beLessors, within ten fifteen (1015) days after written notice demand from LandlordLessors to Lessee, Landlordany document in a form reasonably requested by Lessors quitclaiming any right, at its optiontitle or interest in the Leased Premises to Lessors, may deem all or other document required by any part reputable title company to resolve the cloud of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx from the Leased Premises. Lastly, prior to the last day of salethe Primary Term, or upon any earlier termination of this Lease, Lessee shall deliver to Lessors, to the extent in Lessee’s possession, Lessee’s executed counterparts of all space leases/subleases and all service and maintenance records for the Leased Premises, all original licenses and permits then pertaining to the Leased Premises, permanent or temporary certificates of occupancy then in effect for the Improvements, and all warranties and guarantees then in effect which Lessee has received in connection with any work or services performed in, on or under the Leased Premises.

Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without sooner termination of the LeaseLease Term, Tenant will at once agrees to quit and surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)broom-clean, to Landlord in good condition and repair, ordinary reasonable use, wear and tear tear, natural deterioration and insured casualty excepted; conditions existing because , together with all keys and combinations to locks, safes and vaults and all improvements, alterations, additions, signs, trade fixtures, lighting fixtures and equipment at any time made or installed in, upon or to the interior or exterior of the Premises, except personal property, all of which shall, at Landlord's option, then become the property of Landlord without any claim by Tenant’s failure , but the surrender of such property to perform maintenance, repairs or replacements as required of Tenant under this Lease Landlord shall not be deemed “reasonable wear and tear.” to be a payment of rent or in lieu of any rent reserved hereunder. Before surrendering the Premises, Tenant shall surrender to Landlord remove all keys of Tenant's personal property and, at Landlord's option, Tenant shall also remove any alterations, additions, signs, trade fixtures and other fixtures, equipment and decorations at any time made or installed by Tenant in, upon or to the Premises and make known to Landlord the explanation interior or exterior of all combination locks, which Tenant is permitted to leave on the Premises, and Tenant further agrees to repair any damage caused thereby. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails shall fail to remove any of Tenant’s Property within one (1) day after 's said personal property and any alterations, additions, signs, trade fixtures and other fixtures, equipment and decorations demanded by Landlord to be removed, said property shall, at the termination option of this LeaseLandlord, either be deemed abandoned and become the exclusive property of Landlord, or Tenant’s Landlord shall have the right to possession hereunder, Landlordremove and store said property, at the expense of Tenant’s sole cost , without further notice to or demand upon Tenant and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be hold Tenant responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable charges and expenses caused incurred by such removal Landlord therefor. If Tenant shall leave any of said property on the Premises with Landlord's consent, then Tenant shall have no further responsibilities with respect to said property. If the Premises be not surrendered as and when aforesaid and after Landlord shall have given to Tenant a three (3) day notice to quit, Tenant shall indemnify Landlord against all storage charges against such property so long as the same shall be in possession of Landlord loss or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property liability resulting from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned delay by Tenant and title thereof shall immediately pass to Landlord in so surrendering the same, including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligations under this Paragraph shall survive the expiration or sooner termination of the Lease as by a bxxx of saleTerm.

Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys All improvements to the Premises installed as Landlord Work or Alterations (collectively, “Leasehold Improvements”) shall be owned by Landlord and make known shall remain upon the Premises without compensation to Tenant. Notwithstanding the foregoing, Landlord the explanation of all combination locksmay, which Tenant is permitted to leave on the Premises. Subject at any time prior to the Landlord’s rights under Section 23 hereofexpiration date of this Lease, if Tenant fails or in the event of a termination of this Lease prior to remove any of Tenant’s Property the scheduled expiration date, within one (1) day after the month after, or earlier termination of this Lease, Lease or Tenant’s right to possession hereunderof the Premises, Landlord, require Tenant to remove any Leasehold Improvements at Tenant’s sole cost and expensesupon written notice delivered to Tenant no later than thirty (30) days prior to the then-scheduled expiration date, shall be entitled to remove and/or store such or within one (1) month after the earlier termination of this Lease or Tenant’s Property and Landlord shall be right of possession of the Premises, as applicable; provided, however, in no event shall Tenant be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails required to remove any Leasehold Improvements unless Landlord notified Tenant of such requirement at the time Landlord consented to such Leasehold Improvements. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises or storage, as the case may be, within ten (10) days after written notice from to Landlord, Landlordbroom clean, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.in good order,

Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Articles 12 and 13 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Provided that Tenant fails to remove any has performed all of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession its obligations hereunder, LandlordTenant may remove all unattached trade fixtures, at furniture, and personal property placed in the Premises by Tenant’s sole cost , and expensesshall remove such alterations, shall be entitled to remove and/or store such Tenant’s Property additions, improvements, trade fixtures, personal property, equipment, wiring, and furniture as Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofmay request. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same removed shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property deemed to have been abandoned by Tenant and title thereof 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. The provisions of this Article 17 shall immediately pass survive the end of the Term. Landlord acknowledges that Tenant may be required by applicable Laws to give its customers a minimum of ninety (90) days notice (a "Customer Closing Notice") before closing its business operation at the Premises. If Tenant is required to provide a Customer Closing Notice, then, notwithstanding anything contained herein to the contrary, except to the extent otherwise required by any Laws, Landlord under and Tenant agree that any termination of this Lease or any dispossession of Tenant from the Premises by Landlord prior to the expiration of this Lease shall be effective on the date that is later to occur of the following: (i) the effective date of such termination or dispossession as by set forth in a bxxx written notice from Landlord (a "Termination Notice"); and (ii) the earlier to occur of sale(a) the date that is one hundred (100) days after the date Tenant receives such a Termination Notice from Landlord, and (b) the last day of the then effective Term (which for purposes of this Article 17 shall include any Renewal Term only if Tenant has effectively exercised its Renewal Option and the Renewal Term has commenced); provided, however, that unless, within five (5) business days after receipt of a Termination Notice, Tenant deposits with Landlord Rent equal to the amount of Rent which would be due between the effective date set forth in such Termination Notice and the date which is one hundred (100) days after the date of the Termination Notice, such failure shall be deemed to be an Event of Default and Tenant shall be deemed to be holding over and shall be subject to rights and remedies of Landlord including, but not limited to, those set forth in Article 18 hereof.

Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of Tenantthis Sublease or the termination of Subtenant’s right of possession to possession without termination of the LeasePremises, Tenant will at once Subtenant shall surrender possession and vacate the Premises and deliver possession thereof to Sublandlord in accordance with all of Sublandlord’s duties as “Lessee” under the Master Lease relating to surrender of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)excluding, to Landlord in good condition and repairhowever, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails any obligation to remove any alteration or improvement performed prior to the Commencement Date and excluding any obligation to remove any Hazardous Substances not released in the Premises by Subtenant or its employees, agents or invitees. At the request of TenantSublandlord, Subtenant shall promptly remove any alterations, installations, additions, and improvements made by or for Subtenant, excluding the Tenant Improvements (which Sublandlord shall be responsible to remove, if required by Master Landlord), but including any lines, and Subtenant shall repair any damage occasioned by the removal thereof, but only if Master Landlord or Sublandlord required such removal as a condition to granting their consent to the performance of such installations, additions and improvements. If Subtenant shall fail to promptly remove any such alterations, installations, additions, and improvements, then such items may be removed by Sublandlord, and Subtenant shall promptly reimburse Sublandlord for any reasonable expenses incurred by Sublandlord in connection therewith, including, without limitation, the cost of removal thereof and of repairing any damage caused thereby, plus a fifteen percent (15%) administration fee. Subtenant shall also remove from the Premises all of Subtenant’s Property within one (1) day after goods, effects, movable personal property, business and trade fixtures, furniture, machinery and trade equipment, and shall repair all damage resulting from such removal. Any of such items not so removed by Subtenant at the expiration or termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, Sublease shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property conclusively deemed to have been abandoned by Tenant Subtenant, Subtenant shall not receive any cost or credit therefor, and title Sublandlord may dispose of the same without any liability to Subtenant; provided, however, that Subtenant shall promptly reimburse Sublandlord for any reasonable expenses incurred by Sublandlord in connection therewith, including, without limitation, the cost of removal thereof and of repairing any damage caused thereby, plus a fifteen percent (15%) administration fee. The obligations of Subtenant set forth in this Paragraph shall immediately pass to Landlord under survive the expiration or sooner termination of this Lease as by a bxxx of saleSublease.

Surrender of Premises. Upon the termination, whether by lapse expiration of time or otherwisethe Term, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the sooner termination of this Lease, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, normal wear and tear and damage by fire and other casualty excepted, and prior to the expiration or sooner termination of this Lease Tenant shall remove from the Premises any Alterations that Tenant is required by Landlord to remove under the provisions of this Lease, and all of Tenant’s right furniture, equipment and other personal property (including, without limitation, all voice and data and other wiring and cabling) and trade fixtures. Any property not removed shall be deemed to possession hereunder, Landlord, have been abandoned by Tenant and may be retained or disposed of by Landlord at Tenant’s sole cost expense free of any and expensesall claims of Tenant, as Landlord shall desire. All property not removed from the Premises by Tenant may be entitled to remove and/or store such handled or stored by Landlord at Tenant’s Property expense and Landlord shall not be in no event be responsible liable for the value, preservation or safekeeping thereof. Tenant shall pay thereof At Landlord, upon demand, any and ’s option all reasonable expenses caused by such removal and all storage charges against or part of such property so long may be conclusively deemed to have been conveyed by Tenant to Landlord as the same shall be in possession if by xxxx of Landlord or under the control of sale without payment by Landlord. In addition, if Tenant fails Neither the provisions of this Article 14 nor any other provision of this Lease shall impose upon Landlord any obligation to remove care for or preserve any of Tenant’s Property property left upon the Premises, and Tenant hereby waives and releases Landlord from any claim or liability in connection with the removal of such property from the Premises and the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to such release. Tenant hereby waives to the maximum extent allowable the benefit of all laws now or storage, as the case may be, within ten (10) days after written notice hereafter in force in this state or elsewhere exempting property from Landlord, Landlord, at its option, may deem all liability for rent or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salefor debt.

Surrender of Premises. Upon On the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination last day of the LeaseTerm or on the sooner termination thereof, Tenant will at once shall (i) subject to the provisions of Article 8, peaceably surrender possession the Premises in good order and vacate the Premises, together with all Leasehold Improvements repair (except those Leasehold Improvements Tenant is required subject to remove pursuant to Section 8 hereofLandlord’s maintenance obligations), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “except for reasonable wear and tear.” Tenant shall surrender to Landlord all keys to , and (ii) at its expense, remove from the Premises its office supplies, moveable office furniture, moveable office equipment and make known to Landlord the explanation of all combination lockspersonal property (collectively, which Tenant is permitted to leave on the Premises. Subject to the Landlord“Tenant’s rights under Section 23 hereofProperty”), if Tenant fails to remove and any of Tenant’s Property not so removed may, at Landlord’s option and without limiting Landlord’s right to compel the removal thereof, be deemed abandoned, in which event Landlord, in addition to its other rights and remedies and without liability to Tenant or to any other party, shall be entitled to retain such Property as its own free and clear of all claims of Tenant or any other party. The removal of any of Tenant’s Property shall be at Tenant’s expense and Tenant shall not damage the Premises, the Building or the Total Building Facilities during the course of such removal. Without limiting the foregoing provisions of this Section, Landlord, at its option by notice to Tenant within one (1) day 30 days after the Expiration Date or the sooner termination of this Lease, or may require Tenant to remove from the Premises and/or Building all of Tenant’s right to possession hereundertelecommunications and data cabling and wiring, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any effect such removal, then in addition to Landlord’s other remedies, Landlord may have such cabling and wiring removed at Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleexpense.

Surrender of Premises. Upon Whenever under the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right terms hereof Landlord is entitled to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), at once shall surrender the Premises and the keys thereto to Landlord in good the same condition and repairas on the Commencement Date hereof, ordinary natural wear and tear and casualty only excepted; conditions existing because , and Tenant shall remove all of its personalty therefrom and shall, if directed to do so by Landlord pursuant to the provisions of Section 12, hereof, remove all improvements (and/or any cabling installed by or on behalf of Tenant’s failure ) and restore the Premises to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys its original condition prior to the Premises and make known to Landlord the explanation construction of all combination locksany improvements which have been made therein by or on behalf of Tenant, which Tenant is permitted to leave on the Premises. Subject including any improvements made prior to the Landlord’s rights under Section 23 hereof, if Commencement Date. If Tenant fails to remove any of Tenant’s Property within one (1) day after personal property on or before the expiration or earlier termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled to re-enter the Premises and remove and/or store such Tenant’s Property personal property, using such force as may be necessary without being guilty of forcible entry, detainer, trespass or other tort, and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay to Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property such personal property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, Landlord at its option, may deem all or any part of such Tenant’s Property personal property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx xxxx of salesale Tenant’s obligation to observe or perform these covenants shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease or any renewal falls on Sunday or a legal holiday, this Lease shall expire on the business day immediately preceding.