Common use of Surrender of Premises Clause in Contracts

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon the expiration or sooner termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-entry by Landlord upon the Leased Propertyenter any Premises without terminating this Lease, Tenant shall at Tenant's expense quit immediately, quietly and peaceably surrender the Leased Property and deliver the same to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear and tear, damage by fire casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other casualty exceptedproperty owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises 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 insurance proceeds amount received by Tenant attributable to damage to the Leased Property to the extent Landlord from such proceeds have not been used to restore such items in accordance with this Lease. 22.02disposition. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If While Tenant remains in possession of the Leased Property any Premises after the termination of this Lease without the execution of a new leasesuch expiration with Landlord’s prior written consent, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, Tenant shall be deemed to be occupying the Leased Property such Premises as a tenant from month-to-month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Termtenant, subject to all of the other terms obligations of Tenant under this Lease insofar as Lease, except that the same are applicable to a monthMonthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-to-month tenancy. Furtherentry right without Landlord’s prior written consent, Tenant hereby indemnifies Landlord against liability resulting from delay shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required fails to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part surrender possession of the Premises in order the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leasecondition. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon At the expiration or sooner termination of the Term of this Lease Lease, or upon re-entry by Landlord upon the Leased Propertyits earlier termination, Tenant shall at Tenant's expense quit and surrender the Leased Property Premises, including all Improvements and deliver the same to Landlord additions thereto and alterations thereof in good order, condition and repairrepair (which for the Hotel shall be as determined by the maintenance standards and specifications promulgated by the Hotel Franchisor as defined in Section 8.1 hereof), ordinary wear and tear and damage by fire free of any debt or other casualty exceptedencumbrances not approved by Landlord, and shall surrender all keys to the Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of all combinations on lock, safes and vaults, if any. Tenant at such time shall pay to Landlord remove all of its Trade Fixtures and Personal Property therefrom and shall repair any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent Premises caused by such proceeds have not been used to restore such items in accordance with this Lease. 22.02removal. Any items which shall remain in the Leased such Trade Fixtures and Personal Property after the Expiration Date, or after an earlier termination date, maynot so removed shall, at Landlord’s option, become the option exclusive property of Landlord, Landlord or be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's ’s cost and expense. , without further notice to or demand upon Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will Premises shall not be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property surrendered as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Furtherabove set forth, Tenant hereby indemnifies shall indemnify, defend and hold harmless Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Leased PropertyPremises, including (a) including, without limitation any claims claim made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant occupant founded upon on such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part . All Property of Tenant not removed by the last day of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason Term of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained this Lease shall be deemed abandoned. Tenant hereby appoints Landlord its agent to permit remove all such Trade Fixtures and Personal Property of Tenant to remain in possession from the Premises upon the expiration of the Leased Term of this Lease or its earlier termination and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant and Landlord shall not be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all cost and expenses incurred by Landlord with respect to removal or storage of abandoned Trade Fixtures and Personal Property after and with respect to restoring said Premises to good order, condition and repair. Tenant’s obligations and covenants shall survive the expiration or sooner other termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon At the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender immediately vacate the Leased Property and deliver Premises in as good condition as they were in on the same to Landlord Commencement Date, or in good order, such better condition and repairas they may thereafter have been put, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property losses to the extent such proceeds have not been used covered by insurance excepted, and, if Lessor so elects, Tenant shall remove Tenant’s signage and those Alterations to restore such items the Premises made by or on behalf of Tenant which Lessor has specified or identified in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, writing to Tenant at the option time of Landlord, Lessor’s approval of such Alteration as Alterations that must be deemed to have been abandoned, and in such case such items may be retained removed by Landlord as Tenant at its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expense upon the expiration or termination of this Lease. 22.03; otherwise such Alterations shall be delivered up to the Lessor with the Premises. If All movable office furnishings and trade fixtures installed by Tenant remains in possession of may be removed by Tenant at the Leased Property after the expiration or termination of this Lease without the execution of a new leaseif Tenant so elects, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed removed if required by Lessor. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to be occupying damage the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month primary structure or structural qualities of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancyPremises. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant Personal property remaining in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after at the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless deemed abandoned by Tenant and may be retained or disposed of by Lessor in writing any manner Lessor shall deem fit in its discretion, without prejudice to Lessor’s rights against Tenant for failure to remove such property, and signed Lessor shall not be required to pay or account to Tenant for the value or the proceeds derived from any sale or other disposition of such abandoned property. Tenant shall reimburse Lessor for all costs of removal incurred by Landlord. No delivery Lessor and Tenant shall indemnify, defend and hold Lessor harmless from any cost or liability due to disposition of keys shall operate as any property in the Premises in which a termination of this Lease or a surrender of the Leased Property or this Leaseperson other than Tenant has an interest.

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease Lease, whether by lapse of time or otherwise, or upon re-entry the exercise by Landlord upon of the Leased Propertypower to enter and repossess the Premises without terminating this Lease, as hereinbefore provided, Tenant shall at Tenant's expense quit and once surrender possession of the Leased Property and deliver the same Premises to Landlord in good order, a condition and repairorder of repair substantially similar to its original condition and order of repair upon the commencement of the lease term, ordinary reasonable wear and tear and damage by fire or other events of casualty described in Section 1, excepted, and shall at once remove all of Tenant's personal property and trade fixtures from the Premises. Upon any such termination, Tenant shall pay shall, as directed by Landlord, either remodel any addition to Landlord any insurance proceeds received the Premises constructed by Tenant attributable under Section 9, above, so as to facilitate use of such addition for office operations or remove such addition from the Premises. Any such remodeling or removal of any addition to the Premises shall be made by Tenant at its sole cost and expense. If, upon any such termination, Tenant does not at once surrender possession of the Premises and remove such of its property as allowed by Landlord, Landlord may forthwith re-enter and repossess the same and remove all of Tenant's property without being guilty of trespass or of forceful entry or detainer or without incurring any liability to Tenant for loss or damage to the Leased Property to the extent Tenant's property. Upon any such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which removal of Tenant's property, it shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed considered to have been abandoned, abandoned and in such case such items may either be retained by Landlord as its property or may be disposed of at public or private sale as Landlord sees fit. If any such property is either sold at public or private sale or retained by Landlord, without accountability, in the proceeds of any such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration sale or termination of this Lease. 22.03. If Tenant remains in possession the then current fair market value of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leaseproperty, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed applied by Landlord against Landlord's expenses of removal, storage or sale of such property, the arrears of rent and other charges or future rent and other charges payable hereunder, and any other damages to permit which Landlord may be entitled hereunder. Tenant shall repair, at its sole cost and expense, any damage to remain in possession the Premises resulting from the removal of the Leased Property after the expiration or sooner termination of the term of this Leaseits property as allowed hereunder. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at deliver up and surrender to Landlord possession of the Premises, including all alterations, additions, improvements and fixtures, other than Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord trade fixtures, in good order, condition and state of repair, ordinary wear and tear excepted, and shall deliver all keys to the Premises to the office of Landlord at the Shopping Center or as otherwise directed by Landlord. Tenant shall have fifteen (15) days after the date the Term of this Lease expires or earlier terminates to remove its personal property and trade fixtures; provided, however, that (a) Tenant shall repair all damage by fire to the Premises resulting from or arising out of such removal, (b) during such period Tenant shall perform and be liable for all obligations and conditions imposed on Tenant hereunder except for the payment of Rent, including, without limitation, maintenance, repair, apportionment of taxes, maintenance of insurance, compliance with Requirements and assumption of liability for the Premises. The obligations set forth in the preceding sentence shall survive the termination of this Lease. Any property of Tenant not removed from the Premises within such fifteen (15) day period shall be deemed abandoned. In addition to all other casualty exceptedremedies available, Landlord may, but shall not be obligated to, retain or dispose of any or all such property without liability to Tenant. In the event that Landlord elects to dispose of such property, Landlord shall so notify Tenant, and Tenant shall, no later than ten (10) days after such notice, remove all such property from the Premises; provided, however, that if Tenant fails to so remove such property, then Landlord may do so, and Tenant shall pay to Landlord, on demand, all costs and expenses incurred by Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent in disposing of such proceeds have not been used to restore such items in accordance property, including, without limitation, reasonable attorneys' fees and disbursements, together with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Dateinterest thereon, or after an earlier termination date, may, calcu- lated at the option of LandlordInterest Rate, be deemed to have been abandoned, and in from the date Landlord ex- pended such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Leaseamounts. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon Tenant shall have no obligation to remove any alterations, additions, improvements, or changes made to the Premises after the Commencement Date, unless specifically stated in Landlord’s consent, at the expiration or sooner early termination of this Lease or upon re-entry by Landlord upon the Leased Property, Lease. Tenant shall have no right or obligation to remove any of the Exterior Improvement Work or any other alterations, additions, improvements, or changes made by or on behalf of Landlord at Tenant's expense quit and the Premises or the Project. Tenant shall surrender the Leased Property and deliver the same to Landlord the Premises and all alterations and additions thereto broom clean and in good order, repair and condition and repair, (except for ordinary wear and tear and subject to the rights and obligations of the parties upon damage by fire or other casualty exceptedand destruction as set forth in this Lease). Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage remove all personal property and trade fixtures prior to the Leased Property expiration of the Term, including any signs, notices and displays placed by Tenant. Tenant shall perform all reasonably necessary restoration, including, without limitation, restoration made reasonably necessary by the removal of Tenant's personal property or trade fixtures prior to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains shall have no obligation to change the character of or possible uses for the Building. Landlord can elect to retain or dispose of, in possession of the Leased Property after the termination of this Lease without the execution of a new leaseany manner, the parties recognize and agree any alterations, utility installations, trade fixtures or personal property that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant Tenant does not remove from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the Lease term of as allowed or required by this Lease. 22.04. No agreement Title to accept a surrender any such alterations, utility installations, trade fixtures or personal property that Landlord elects to retain or dispose of all or any part on expiration of the Leased Property Lease term shall automatically vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or this Lease disposition of any such alterations, utility installations, trade fixtures or personal property. Tenant shall be valid unless liable to Landlord for Landlord's costs for storing, removing and disposing of any utility installations, trade fixtures or personal property and shall indemnify and hold Landlord harmless from the claim of any third party to an interest in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease such utility installations, trade fixtures or a surrender of the Leased Property or this Leasepersonal property.

Surrender of Premises. 22.01Tenant agrees to surrender the Premises at the termination of the tenancy herein created to Landlord including all of the Tenant's improvements and alterations in good condition (except for ordinary wear and tear occurring to the Premises and except for alterations that Tenant has the right to remove or is obligated to remove under the provisions of this Lease). Upon Tenant shall remove all its personal property prior to the date of termination of the tenancy and shall remove all other improvements and alterations to the Premises if Landlord directs Tenant to do so, at Tenant's sole cost and expense. Tenant shall perform all restoration made necessary by the removal of any alterations or Tenant's personal property prior to termination of the tenancy. Landlord can elect to retain or dispose of in any manner any alterations or Tenant's personal property that Tenant does not remove from the Premises upon termination of the tenancy as allowed or required 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 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 sooner disposition of any such alterations or Tenant's personal property. Tenant shall be liable to Landlord for Landlord's cost for storing, removing and disposing of any alterations of Tenant's personal property. If Tenant fails to surrender the Premises to Landlord on the termination of the tenancy, Tenant shall indemnify, defend and hold Landlord harmless from any claims, damages, costs, expenses and attorney’s fees incurred by Landlord as a result of Tenant's failure to surrender the Premises. If Tenant shall fail to remove all of its effects from said Premises upon termination of this Lease or upon re-entry by for any cause whatsoever, Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at its option, remove the option of Landlord, be deemed to have been abandonedsame in any manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof, and Tenant agrees to pay Landlord upon demand any and all expenses incurred in such case removal including court costs and attorney’s fees and storage charges on such items may effects for any length of time that the same shall be retained by in Landlord's possession, or Landlord as may, at its property or disposed of by Landlordoption, without accountabilitynotice, in sell said effects, or any of the same, at private sale and without legal process, for such manner price as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination may obtain and apply the proceeds of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of such sale upon any amounts due under this Lease without the execution of a new lease, the parties recognize and agree that the damage from Tenant to Landlord will be substantial, will exceed and upon the amount expense incident to the removal and sale of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leasesaid effects. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01HOLDOVER ------------------------------ Section 28.01. Upon the expiration or sooner other termination of the Term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord Demised Premises in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty casualty, the elements and any cause beyond Tenant's reasonable control excepted. Tenant , and shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items remove all its property therefrom, except as otherwise provided in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. 22.03Section 28.02. If Tenant remains in possession at any time during the last month of the Leased Property after Term of this Lease, Tenant shall have removed all or substantially all of Tenant's property from the Demised Premises, Landlord may, and Tenant irrevocably grants to Landlord a license to, immediately enter and alter, renovate and redecorate the Demised Premises, without diminution or abatement of rent, or incurring liability to Tenant for any compensation, and such acts shall have no effect on this Lease. Section 28.03. Tenant agrees it shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in surrendering the Demised Premises upon expiration or sooner termination of the term of this Lease Lease, including, without the execution of a new leaselimitation, the any claims made by any succeeding tenant founded on such delay unless such delay was caused by Landlord. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender the Demised Premises will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyof accurate measurement. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered therefore agrees that if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property Demised Premises is not surrendered to Landlord within two (2) days after the date of the expiration or sooner termination of the term Term of this Lease, then Tenant will pay Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Demised Premises after expiration or sooner termination of the Term of this Lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this Lease during the six (6) month period preceding such expiration or termination of the Term of this Lease. Notwithstanding, the foregoing, provided that during the six (6) month period immediately preceding the Expiration Date, Tenant has entered into a new lease or has been negotiating in good faith the terms of a new lease, in either case to commence on or prior to the Expiration Date, then Tenant shall pay Landlord as liquidated damages for each month and for each portion of any month, not to exceed six (6) months, during which Tenant holds over in the Demised Premises after expiration of the Term of this Lease, only a sum equal to the average rent and additional rent which was payable per month under this Lease during the six (6) month period preceding such expiration of the Term of this Lease. After six (6) months beyond the Expiration Date, the provisions of the immediately preceding sentence shall not apply. The aforesaid obligations shall survive the expiration of sooner termination of the Term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensepursuant to Article 3 hereof. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or sooner termination of this Lease. 22.03the Term. If Tenant remains in possession the last day of the Leased Property after the termination of Term or any renewal thereof falls on Saturday or Sunday this Lease without shall expire on the execution of a new leasebusiness 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, thereforein addition to any other rights or remedy Landlord may have hereunder or at law, at Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half three (3) times the Fixed aggregate of that portion of the Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon At the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTenant's right of possession, Tenant shall at Tenant's expense quit remove all personal property and surrender the Leased Property and deliver the same Premises to Landlord in good order, condition order and repairin "broom clean" condition, ordinary wear and tear and damage excepted, removing, as requested by fire Landlord, any improvements or other casualty exceptedalterations made by Tenant. If Tenant fails to remove any of Tenant's personal property within two (2) business days after termination, Landlord, at Tenant's sole cost and expense, shall be entitled to remove and store Tenant's personal property. Landlord shall not be responsible for the safekeeping or preservation of Tenant's personal property. Tenant shall pay Landlord, upon demand, all costs of storage. If Tenant fails to remove Tenant's personal property from the Premises or from storage within thirty (30) days after delivery of notice, Landlord may deem all or any insurance proceeds received part of Tenant's Property to be abandoned and title to that property shall vest in Landlord. If Tenant fails to remove any of the alternations or improvements made by Tenant attributable to damage to by the Leased Property to the extent Termination Date and complete related repairs in a timely manner, Landlord may perform such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine work at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage fails to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for surrender all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as at the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant's occupancy shall be subject to all the terms and provisions of this Lease and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to two hundred percent (200%) of the sum of the Rent and of the Additional Rent due for the period immediately preceding the holdover. No agreement to accept a surrender holdover by Tenant or acceptance of all or any part of payment from the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a Tenant after the termination of this Lease shall extend the Term or a surrender prevent Landlord from immediate recovery of possession of the Leased Property or this LeasePremises.

Surrender of Premises. 22.01. Upon 18.1 Lessee shall, upon expiration of the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Dateterm, or after an the earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03, surrender to Lessor, without damage, injury, disturbance or payment, the Leased Premises including, without limitation, all apparatus, equipment, alterations, improvements and additions by either party to, in, upon or about the Leased Premises. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, Lessee shall be deemed in default, Lessee shall not have the right to be occupying the Leased Property as a tenant from month to monthremove trade fixtures, at a monthly rental equal to two signs and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancypersonal property. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser They shall remain or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasebecome, as the case may be, or the property of Lessor. Lessee, at its negotiation therefor by reason of Tenant's delay in so surrendering sole expense, shall immediately repair damage to the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, Premises caused by reason of Tenant's delay in so surrendering Lessee vacating the Leased PropertyPremises or by Lessee's removal of trade fixtures, signs and other personal property. Nothing herein contained Lessee shall comply with all laws and governmental regulations applicable to the removal and repair of the property. Lessee shall not create a disturbance or health problem for customers, agents, invitees or other parties in the office building of which the Leased Premises forms a part as a result of the removal or repair. Any property not removed may be deemed byLessor to be abandoned by Lessee and may be retained by Lessor, be removed and stored for Lessee or disposed of, at Lessee's sole cost. Lessor shall not be required to remove any property from the Leased Premises nor required to store same. In the event Lessor does elect to store Lessee's property, it shall not be required to store same for a period in excess 52 53 of thirty (30) days after which the property shall be deemed to permit Tenant have been abandoned by Lessee at which time Lessor shall be entitled to remain dispose of same with all costs incurred by Lessor in possession of removal and disposition to be assessed against Lessee. Lessee shall surrender the Leased Property after Premises to Lessor free of Hazardous Material and free of any violation of any environmental rule or regulation. Lessee's obligation to observe and perform the provisions of this Article 18 shall survive the expiration or sooner termination of the term or earlier termination of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01Tenant shall, upon expiration or earlier termination of this Lease, promptly surrender the Premises (including all Alterations, additions and improvements which Landlord has not designated in writing that for removal from the Premises pursuant to Section 10.3(f)) in ordinary operating condition and in conformity with the applicable provisions of this Lease, excepting only reasonable wear and tear, damage by fire or other casualty, takings, and any items that Landlord is obligated to maintain, repair or replace. Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03, and ninety (90) days prior to Tenant vacating the Premises, Landlord and Tenant shall jointly inspect the Premises and Tenant shall either complete any required repairs or pay to Landlord the amount reasonably estimated by Landlord as necessary to put the Premises in the condition required to be surrendered hereunder. Any work required to be done by Tenant prior to its vacating of the Premises which has not been completed upon such vacating of the Premises, shall be completed by Landlord and billed to Tenant. If Tenant remains in possession is dispossessed by process of law or otherwise, Tenant shall remove its Personal Property from the Leased Property after the termination of this Lease without the execution of a new leasePremises. If Tenant fails to remove its Personal Property, the parties recognize and agree that the damage Landlord, at its option may, upon ten (10) days prior written notice to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforetreat such failure as a hold over, and/or may (without liability to Tenant for loss thereof), at the option of Tenant’s sole cost and expense and in addition to Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month’s other rights and remedies under this Lease, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant law or in so surrendering the Leased Property, including equity: (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon remove and store such delay, items; and/or (b) sell such items at private or public sale for such price as Landlord at its discretion may obtain. Landlord shall apply the proceeds of any payment or rent concession which Landlord may be required to make such sale to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order amounts due to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or Landlord under this Lease shall from Tenant (including Landlord’s attorneys fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Leasepaid to Tenant.

Surrender of Premises. 22.01(a) Upon expiration or other termination of the Term of this License, User shall (i) quit and surrender to Owner the Premises vacant, broom clean, in good order and condition, normal wear and tear excepted, and (ii) remove all its property therefrom, except as otherwise expressly provided in this License. Upon User's obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this License. If the last day of the Term of this License falls on a Sunday, this License shall expire at noon on the preceding Saturday, unless it be a legal holiday, in which case it shall expire at noon on the previous business day. (b) User acknowledges that possession of the Premises must be surrendered to Owner at the expiration or sooner termination of the Term of this Lease License. User agrees to indemnify and save Owner harmless against all costs, claims, loss or upon re-entry liability resulting from delay by Landlord upon User in so surrendering the Leased PropertyPremises, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlordincluding, without accountabilitylimitation, in any claims made by any succeeding tenant founded on such manner as Landlord shall determine at Tenant's expensedelay. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the The parties recognize and agree that the damage to Landlord Owner resulting from any failure by User to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of monthly Fixed Rent the License Fee and Additional Rent Fees theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part User therefore agrees that if possession of the Premises in order is not surrendered to induce such purchaser or tenant not to terminate its purchase agreement or lease, as owner within 24 hours after the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession date of the Leased Property expiration or sooner termination of the Term of this License, then User shall pay to Owner for each month and for each portion of any month during which User holds over in the Premises after the expiration or sooner termination of the term Term of this Lease. 22.04. No agreement License, a sum equal to accept a surrender two (2) times the aggregate of all or any part that portion of the Leased Property or License Fee and Additional Fees which was payable under this Lease License during the last month of the term hereof. Nothing contained herein shall be valid unless in writing deemed to permit User to retain possession of the Premises after expiration of the Term of this License and signed by Landlord. No delivery the provisions of keys this Article shall operate as a survive the expiration or sooner termination of the Term of this Lease or a surrender of the Leased Property or this LeaseLicense.

Surrender of Premises. 22.0128.01. Upon the expiration or sooner other termination of the term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same Demised Premises to Landlord Landlord, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty excepted. , and Tenant shall pay to Landlord any insurance proceeds received by remove all of its high density file systems and the like, trade fixtures, equipment and personal property (collectively, the "Leasehold Improvements")as herein provided. Without limiting the generality of the foregoing, Tenant attributable to damage to shall remove, upon the Leased Property to the extent such proceeds have not been used to restore such items in accordance with expiration or earlier termination of this Lease. 22.02. Any , signage and rooftop equipment and all such other items which shall remain installed in or on the Leased Property after Building and the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained Demised Premises by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. If Tenant shall fail to remove its Leasehold Improvements, signage and Rooftop Equipment from the Demised Premises upon the expiration or earlier termination of this Lease, such Leasehold Improvements Rooftop Equipment, signage property shall be deemed abandoned by Tenant and Landlord shall have the right to remove such property and dispose of same in any manner that Landlord deems appropriate, in its sole and absolute discretion. Landlord shall have no liability to Tenant for such Leasehold Improvements Rooftop Equipment and signage or any damage thereto as a result of such removal, it being expressly understood and agreed that Landlord may do whatever it wishes with Leasehold Improvements, the Rooftop Equipment and signageleft in the Demised Premises after the expiration or earlier termination of this Lease. Tenant shall be liable to Landlord for its all damages, costs so incurred and expenses associated with the removal of any of Tenant's Leasehold Improvement, Rooftop Equipment and signage from the Demised Premises. The provisions of this Section 28.01 shall survive the expiration or earlier termination of this Lease. 22.0328.02. If Tenant remains in acknowledges that possession of the Leased Property after Demised Premises must be surrendered to Landlord at the expiration or earlier termination of the term of this Lease without the execution of a new lease, the Lease. The parties recognize and agree that the damage to Landlord will resulting from any failure by Tenant to timely surrender possession of the Demised Premises as aforesaid may be substantial, will may exceed the amount of the monthly Fixed Rent rent and Additional Rent additional rent theretofore payable hereunder hereunder, and will be maybe impossible to measure accuratelyaccurately measure. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered therefore agrees that if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property Demised Premises is not surrendered to Landlord within 48 hours after the expiration or earlier termination of the term of this Lease, then, notwithstanding anything to the contrary contained in this Lease, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the expiration or sooner termination of the term of this Lease. 22.04. No agreement , rent at a rate equal to accept a surrender the greater of all or any part (a) one hundred and fifty percent (150%) of that portion of the Leased Property or Fixed Annual Rent and additional rent that was payable under this Lease for the last month of the term hereof Nothing herein contained shall be valid unless in writing and signed by Landlorddeemed to permit Tenant to retain possession of the Demised Premises after the expiration or sooner termination of the term of this Lease. No delivery The provisions of keys this Section 28.02 shall operate as a survive the expiration or earlier termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon Any alterations, improvements or additions to --------------------- the Leased Premises made in accordance with Landlord's Work, as same may have been modified from time to time throughout construction of the Leased Premises shall remain upon the Leased Premises at the expiration or sooner earlier termination of this Lease and shall become the property of Landlord. Any alterations, improvements or upon re-entry by Landlord additions to the Leased Premises made after substantial completion of the Leased Premises shall remain upon the Leased PropertyPremises at the expiration or earlier termination of this Lease and shall become the property of Landlord, unless, Landlord, at the time of Landlord's approval of plans for same, shall have given written notice to Tenant to remove such alterations, improvements and additions. In such event, Tenant shall at Tenant's expense quit repair any damage caused by the removal (including, without limitation, repairing and surrender patching holes, replacing ceiling, floor and wall surfaces and repainting), and restore the Leased Property and deliver Premises to substantially the same condition in which it existed prior to the time that any such alterations, improvements or additions were made. Should Tenant fail to remove any such alterations, improvements or additions or to repair such damage when required by Landlord so to do pursuant to this Section 17, Landlord may do so, and the reasonable cost and expense thereof shall be paid by Tenant to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02as Additional Rent. Any items personal property which shall remain in the Leased Property Premises or any part thereof after the Expiration Date, expiration or after an earlier termination date, may, at the option of Landlord, this Lease shall be deemed to have been abandoned, abandoned and in such case such items either may be retained by Landlord as its Landlord's property or may be disposed of by Landlord, without accountability, in such manner as Landlord shall determine may see fit, provided that notwithstanding the foregoing Tenant shall, upon request of Landlord made no later then ten (10) days after the expiration or earlier termination of this Lease, promptly remove from the Building any such personal property at Tenant's own cost and expense. Tenant's obligation Should Tenant fail so to do, Landlord may do so, and the reasonable cost and expense thereof shall be paid by Tenant to Landlord as Additional Rent. If such personal property or any part thereof shall be sold by Landlord, Landlord may receive and retain the proceeds of such sale(s) as are necessary to reimburse Landlord for its costs so incurred expenses in connection with the disposal of such personal property, with the remainder, if any, being delivered to Tenant forthwith. The covenants contained in this Section 17 shall survive the expiration or earlier termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01Section 28.01. Upon the expiration or sooner other termination of the Term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord Demised Premises in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty casualty, the elements and any cause beyond Tenant's reasonable control excepted. Tenant , and shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items remove all its property therefrom, except as otherwise provided in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. 22.03Section 28.02. If Tenant remains in possession at any time during the last month of the Leased Property after Term of this Lease, Tenant shall have removed all or substantially all of Tenant's property from the Demised Premises, Landlord may, and Tenant irrevocably grants to Landlord a license to, immediately enter and alter, renovate and redecorate the Demised Premises, without diminution or abatement of rent, or incurring liability to Tenant for any compensation, and such acts shall have no effect on this Lease. Section 28.03. Tenant agrees it shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in surrendering the Demised Premises upon expiration or sooner termination of the term of this Lease Lease, including, without the execution of a new leaselimitation, the any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender the Demised Premises will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyof accurate measurement. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered agrees that if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property Demised Premises is not surrendered to Landlord within two (2) days after the date of the expiration or sooner termination of the term Term of this Lease, then Tenant will pay Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Demised Premises after expiration or sooner termination of the Term of this Lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this Lease during the six (6) month period preceding such expiration or termination of the Term of this Lease. The aforesaid obligations shall survive the expiration of sooner termination of the Term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensepursuant to Article 3 hereof. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or sooner termination of this Lease. 22.03the Term. If Tenant remains in possession the last day of the Leased Property after the termination of Term or any renewal thereof falls on Saturday or Sunday this Lease without shall expire on the execution of a new leasebusiness 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, thereforein addition to any other rights or remedy Landlord may have hereunder or at law, at Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half (2) times the Fixed aggregate of that portion of the Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon On the expiration Termination Date or sooner earlier termination of this Lease or upon re-entry by Landlord upon Tenant’s right of possession of the Leased PropertyPremises, and subject to the terms and provisions of Section 9.04 above, Tenant shall at remove all of Tenant's expense ’s Property and Required Removables from the Premises and quit and surrender the Leased Property Premises to Landlord, broom clean and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property or other casualty exceptedRequired Removables or to restore the Premises to the required condition on the Termination Date or earlier termination of this Lease or Tenant’s right to possession, then Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and Required Removables and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property or Required Removables. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandonedupon demand, the expenses and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03storage charges incurred. If Tenant remains in possession of fails to remove Tenant’s Property and Required Removables from the Leased Property Premises or storage within ten (10) days after the termination of this Lease without the execution of a new leasenotice, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which then Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for deem all or any part of Tenant’s Property and Required Removables to be abandoned and, at Landlord’s option, title to Tenant’s Property and Required Removables shall vest in Landlord or Landlord may dispose of Tenant’s Property and Required Removables in any manner Landlord deems appropriate. Notwithstanding the foregoing, Landlord shall not be obligated to store any Required Removables that are not practicable to be stored and instead may be removed or otherwise demolished by Landlord if they are not timely removed from the Premises in order by Tenant pursuant to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leaseforegoing provisions. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01Tenant shall, at the end of the Lease Term, or any extension thereof, promptly surrender the Premises in good order and condition, and in conformity with the applicable provisions of this Lease, excepting only reasonable wear and tear. Upon the expiration or sooner earlier termination of this Lease or upon re-entry by Lease, and prior to Tenant vacating the Premises, Landlord upon the Leased Property, and Tenant shall at Tenant's expense quit jointly inspect the Premises and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained amount reasonably estimated by Landlord as necessary to put the Premises in the condition required hereunder. Any work required to be done by Tenant prior to its property or disposed vacating of the Premises which has not been completed upon such vacating of the Premises, shall be completed by Landlord, without accountability, in such manner as Landlord and billed to Tenant. Any Security Deposit held by Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of be credited against the amount payable by Tenant under this Lease. 22.03Section. If Tenant remains in possession abandons or surrenders the Premises, or is dispossessed by process of law or otherwise, Tenant shall remove its Personal Property from the Leased Property after the termination of this Lease without the execution of a new leasePremises. If Tenant fails to remove its Personal Property, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeLandlord, at the its option of Landlord, shall be deemed to be occupying the Leased Property may treat such failure as a tenant from month hold over, and/or may (without liability to monthTenant for loss thereof), at a monthly rental equal Tenant’s sole cost and expense and in addition to two Landlord’s other rights and one-half times the Fixed Rent and Additional Rent payable during the last month of the Termremedies under this Lease, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant at law or in so surrendering the Leased Property, including equity: (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon remove and store such delay, items; and/or (b) upon ten (10) days prior written notice to Tenant, sell such items at private or public sale for such price as Landlord at its discretion may obtain. Landlord shall apply the proceeds of any payment or rent concession which Landlord may be required to make such sale to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order amounts due to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or Landlord under this Lease shall from Tenant (including Landlord’s attorneys fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Leasepaid to Tenant.

Surrender of Premises. 22.01All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. Upon At the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTenant’s right of possession, Tenant shall at remove Tenant's expense ’s Removable Property (defined below) from the Premises, and quit and surrender the Leased Property Premises to Landlord, broom clean, and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage by fire located in the Premises or other casualty exceptedportions 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 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. Landlord shall notify Tenant shall pay in writing at the time of Landlord’s approval of Tenant’s Plans (defined in the Work Letter) or at the time of approval of plans submitted to Landlord any insurance proceeds received by Tenant attributable in connection with Alterations whether any Leasehold Improvements to damage be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations or Cable in the Leased Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property Premises) within 2 days after the termination of this Lease without the execution or of a new leaseTenant’s right to possession, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeLandlord, at the option of LandlordTenant’s sole cost and expense, shall be deemed entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be occupying responsible for the Leased Property as a tenant from month to monthvalue, at a monthly rental equal to two preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and one-half times storage charges incurred for Tenant’s Removable Property. To the Fixed Rent and Additional Rent payable during the last month fullest extent permitted by applicable Law, any unused portion of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord Tenant’s Security Deposit may be required applied to make offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of remove Tenant’s Removable Property from the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasestorage, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or leasewithin 30 days after written notice, as the case Landlord may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of deem all or any part of Tenant’s Removable Property to 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 Leased Premises, Tenant’s Removable Property or 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 which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 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 is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be valid unless in writing and signed removed by LandlordTenant on or before such earlier date of termination. No delivery Tenant shall repair damage caused by the installation or removal of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this LeaseTenant’s Removable Property.

Surrender of Premises. 22.01. Upon the (a) On expiration or sooner termination of this Lease or upon re-entry by Landlord upon within five days after any other termination of the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises in good order, condition and repair, (except for ordinary wear and tear tear, repair and damage maintenance which is the obligation of Landlord, and destruction to the Premises covered by fire or other casualty exceptedSection 22). Tenant shall pay to Landlord any insurance proceeds received remove all its personal property within the above-stated time. Tenant shall perform all restoration made necessary by the removal by Tenant attributable (or by Landlord if Tenant fails to damage remove) of any Alterations, Tenant’s personal property within the time periods stated in this Section. Tenant shall remove all Cabling installed by or on behalf of Tenant and restore the Premises and the Building to their prior condition, all at Tenant’s cost, except in no event shall Tenant be obligated to remove any Cabling that reasonably meets then-current standards for the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this LeaseBuilding. 22.02. Any items which shall remain (b) Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s personal property that Tenant does not remove from the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive Premises on expiration or termination of the Term as allowed or required by this Lease. 22.03Lease by giving at least 10 days’ notice to Tenant. Title to any such Alterations or Tenant’s personal property that Landlord elects to retain or dispose of on expiration of the 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 Tenant’s personal property. Tenant shall be liable to Landlord for Landlord’s costs for storing, removing, and disposing of any Alterations or Tenant’s personal property. If Tenant remains in possession of fails to surrender the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage Premises to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender within ten days after any other termination of the Leased Property or Term as required by this LeaseSection, Tenant shall indemnify and hold Landlord harmless from all claims, liability and damages, including attorneys’ fees and costs, resulting from Tenant’s failure to surrender the Premises, including claims made by a succeeding tenant resulting from Tenant’s failure to surrender the Premises and remove Tenant’s personal property.

Surrender of Premises. 22.0136.01. Upon expiration or other termination of the Term of this Lease, Tenant shall quit and surrender to Landlord the Demised Premises vacant, broom clean, in good order and condition, normal wear and tear excepted, and Tenant shall remove all its property therefrom, except as otherwise provided in this Lease. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease falls on a Sunday, this Lease shall expire at noon on the preceding Saturday, unless it be a legal holiday, in which case it shall expire at noon on the previous business day. 36.02. Tenant acknowledges that possession of the Demised Premises must be surrendered to Landlord at the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination Term of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new leaseagrees to indemnify and save Landlord harmless against all costs, the parties recognize and agree that the damage to Landlord will be substantialclaims, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased PropertyDemised Premises, including (a) including, without limitation, any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon on such delay, (b) . The parties recognize and agree that the damage to Landlord resulting from any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor failure by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in timely surrender possession of the Leased Property Demised Premises as aforesaid will be extremely substantial, will exceed the amount of the Base Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Demised Premises is not surrendered to Landlord within 24 hours after the date of the expiration or sooner termination of the Term of this Lease, then Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the expiration or sooner termination of the Term of this Lease, a sum equal to two (2) times the aggregate of that portion of the Base Rent and Additional Rent which was payable under this Lease during the last month of the term hereof. Nothing contained herein shall be deemed to permit Tenant to retain possession of the Demised Premises after expiration of the Term of this Lease and the provisions of this Article shall survive the expiration or sooner termination of the Term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon A. On the expiration last day of the term of this Lease, or on the sooner termination thereof, Tenant shall peaceably surrender the leased premises in good condition and repair, wear and tear, and damage from fire or other casualty for which insurance is normally procured excepted. On or before the last day of this the term of the Lease or upon re-entry by Landlord upon the Leased Propertysooner termination thereof, Tenant shall at Tenant's its expense quit and surrender remove all of its equipment from the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandonedpremises, and in such case such items may be retained by Landlord as its any property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, not removed shall be deemed to abandoned. All alterations, additions and fixtures, other than Tenant's equipment, which have been made or installed by either Lessor or Tenant upon the lease premises shall remain as Lessor's property and shall be occupying surrendered with the Leased Property leased premises as a tenant from month to month, part thereof. If the leased premises be not surrendered at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month end of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Furtherterm or sooner termination thereof, Tenant hereby indemnifies Landlord shall indemnify Lessor against loss or liability resulting from delay by Tenant in so surrendering the Leased Propertypremises, including (a) any including, without limitation, claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant Tenant founded upon on such delay, (b) . Tenant shall promptly surrender all keys for the leased premises to Lessor at the place then fixed for the payment of rent and shall inform Lessor of combinations on any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of locks and safes on the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as leased premises. B. In the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit event Tenant to remain remains in possession of the Leased Property premises herein leased after the expiration or sooner termination of the term of this Lease. 22.04. No agreement Lease and without the execution of a new lease, the Tenant shall be deemed to accept be occupying said premises as a surrender Tenant from month to month, subject to all the conditions, provisions and obligations of all or any part this lease insofar as the same can be applicable to a month-to-month tenancy, but the monthly rental set forth on page one of the Leased Property or this Lease shall be valid unless in writing and signed increased by Landlord. No delivery a sum equal to One Hundred Fifty Percent (150%) of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Leasesaid monthly rental.

Surrender of Premises. 22.01All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. Upon At the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTenant’s right of possession, Tenant shall at remove Tenant's expense ’s Removable Property (defined below) from the Premises, and quit and surrender the Leased Property Premises to Landlord, broom clean, and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) 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 damage by fire or other casualty exceptedrepair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (B) Tenant’s personal property. Tenant shall pay not be required to Landlord remove any insurance proceeds received Cable installed by or for the benefit of Tenant attributable to damage to and located in the Leased Property to Premises or other portions of the extent such proceeds have not been used to restore such items Building so long as Tenant’s Cable is properly labeled or tagged in accordance with this Lease. 22.02applicable ordinances. Any items Landlord shall, within 10 Business Days after its receipt of a written request therefor from Tenant, notify Tenant in writing whether any Leasehold Improvements to be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which shall Landlord has designated to remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property Premises) within 2 days after the termination of this Lease without the execution or of a new leaseTenant’s right to possession, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeLandlord, at the option of LandlordTenant’s sole cost and expense, shall be deemed entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be occupying responsible for the Leased Property as a tenant from month to monthvalue, at a monthly rental equal to two preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and one-half times storage charges incurred for Tenant’s Removable Property. To the Fixed Rent and Additional Rent payable during the last month fullest extent permitted by applicable Law, any unused portion of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord Tenant’s Security Deposit may be required applied to make offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of remove Tenant’s Removable Property from the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasestorage, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or leasewithin 30 days after written notice, as the case Landlord may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of deem all or any part of Tenant’s Removable Property to 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 Leased Premises, Tenant’s Removable Property or 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 which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 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 the OE Payment on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be valid unless in writing and signed removed by LandlordTenant on or before such earlier date of termination. No delivery Tenant shall repair damage caused by the installation or removal of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this LeaseTenant’s Removable Property.

Surrender of Premises. 22.0132.1. Upon expiration of the expiration term or sooner within ten (10) days after termination of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises and all Tenant's improvements and alterations in good condition, order, condition and repair, except for: (i) ordinary wear and tear occurring after the last necessary maintenance made by Tenant; (ii) destruction to the Premises covered by the Article titled "Destruction;" or (iii) alterations that Tenant has the right to remove or is obligated to remove under the provisions of the Article titled "Alterations." Tenant shall remove all debris, rubbish, furniture, equipment, business and damage trade fixtures, free standing cabinet work, shelving, movable partitions, and other articles of personal property owned by fire Tenant or other casualty exceptedinstalled or placed by Tenant at its expense in the Premises, and perform all restoration made necessary by such removal, prior to surrendering the Premises to Landlord. Failing such, Landlord may so repair the Premises and charge Tenant for same, or withhold such sums from any balance of the Security Deposit which may at the time remain. Tenant shall pay surrender all keys to the Premises to Property Manager or to Landlord at the 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 combinations on locks, safes and vaults, if any, in the Premises or on the Project. 32.2. Landlord can elect to retain or dispose of (in any insurance proceeds received manner) any alterations or Tenant's personal property that Tenant does not remove from the Premises on expiration or termination of the Lease by giving at least ten (10) days' notice to Tenant. Title to any such alterations or Tenants' personal property that Landlord elects to retain or dispose of after expiration of the ten (10) day period shall vest in Landlord. Tenant attributable to waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations or Tenant's personal property. Tenant shall be liable to Landlord for Landlord's costs for storing, removing, and disposing of any alterations or Tenant's personal property. Landlord may store Tenant's personal property in a public warehouse or elsewhere for the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, account and at the option expense and risk of LandlordTenant. If Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, be deemed to have been abandoned, and in Landlord may sell any or all of such case such items may be retained by Landlord as its property at public or disposed of by Landlord, without accountabilityprivate sale, in such manner and at such times and places as Landlord, in its sole discretion, may deem proper, without notice to or demand upon Tenant. Landlord shall determine at Tenantapply the proceeds of such sale as follows: 32.2.1. First, to the costs and expenses of such sale, including Landlord's expenseattorneys' fees; 32.2.2. Tenant's obligation Second, to reimburse the payment of the expense of or charges for removal and storing any such property; 32.2.3. Third, to the payment of any other sum of money which may then or thereafter be due to Landlord for its costs so incurred shall survive expiration or termination from Tenant under any of the terms of this Lease; and 32.2.4. Fourth, the balance, if any, to Tenant. 22.0332.3. If Tenant remains in possession fails to surrender the Premises to Landlord upon expiration or ten (10) days after termination of the Leased Property after Lease as required by this Article, Tenant shall hold Landlord harmless from all damages resulting therefrom, including, without limitation, claims made by a succeeding Tenant resulting from Tenant's failure to surrender the termination Premises. 32.4. The voluntary or other surrender by Tenant or a mutual cancellation of this Lease without the execution of shall not work a new leasemerger, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeshall, at the option election of Landlord, either terminate all or any existing subleases or subtenancies or may operate as an assignment to it of any or all of such subleases or subtenancies. Landlord shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last exercise its election within one (1) month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in event so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leaserequiring. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. (a) Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease, Tenant shall quit and surrender to Landlord the Premises and every part thereof (including Landlord’s Property) and all alterations, additions and improvements thereto, as approved by Landlord, broom clean and in good condition and state of repair, reasonable wear and tear only excepted. Moreover, Tenant shall remove all personal property, equipment, and all alterations, additions and improvements not accepted in writing by Landlord, which it has placed upon the Premises, and Tenant shall repair any damage resulting therefrom. If Tenant fails to repair any damage to the Premises or fails to surrender the Premises broom clean and in good condition and state of repair (less reasonable wear and tear), then Landlord, in addition to any other remedy set forth in this Lease, may cause such damages to be repaired and the Premises to be so cleaned and, upon demand, Tenant immediately shall reimburse Landlord for all costs and expenses incurred by Landlord to remedy the same. 22.03. (b) If Tenant remains in possession after expiration or termination of the Leased Property after Lease Term with or without Landlord’s written consent, then Tenant shall become a tenant at sufferance, and there shall be no renewal of this Lease by operation of law. During the period of any such holding over, all provisions of this Lease shall be and remain in effect. The monthly rent for any holdover period shall be the Rent due for the prior 12 month period plus 50%, divided by 12 months; and, the monthly rent due during any holdover period shall be fully earned and due on the first day of each month encompassing the holdover period and shall not be prorated for any partial month of occupancy. (c) The terms of this Paragraph expressly shall survive the termination of this Lease without and the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month expiration of the Lease Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. (a) Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyAgreement, Tenant immediately shall at Tenant's expense quit and surrender the Leased Property Premises to Landlord, vacant, broom clean and deliver the same to Landlord in good orderorder and condition, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay remove all of its furniture, furnishings, movable equipment and trade fixtures. Any property that Tenant shall be required to remove pursuant to the preceding sentence and that it shall fail to remove upon the expiration or termination of the lease granted by this Agreement shall be deemed abandoned and shall become the property of Landlord and may be removed and disposed of by Landlord without accountability to Tenant and at Tenant's sole cost and expense. If any insurance proceeds received by Tenant attributable to damage to the Leased Property to Premises or the extent Building results from the removal of such proceeds have not been used to restore property (whether such items removal is performed by Landlord or Tenant), Tenant shall repair such damage or, in accordance with this Leasedefault thereof, shall reimburse Landlord for the cost of repairing such damage. 22.02. Any items which (b) If Tenant shall remain in possession of the Leased Property Premises after the Expiration Date, without the execution by both Tenant and Landlord of a lease or after an earlier termination datenew agreement for the occupancy of the Premises, mayTenant, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option election of Landlord, shall be deemed to be occupying the Leased Property Premises as a tenant from month to month-to-month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the TermRent, subject to all of the other terms conditions, provisions and obligations of this Lease Agreement insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and . (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant Subject to Landlord's compliance with the notice requirements and grace periods provided in this Agreement, Tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession hereby does waive service of the Leased ten-day notice to quit under section 713 of the New York Real Property after Actions and Proceedings Law ("RPAPL") and all rights Tenant may have to a stay of proceedings under Article 7 of the RPAPL. Tenant also waives service of all petitions or notices of petition under Article 7 of the RPAPL and consents to the commencement of a special proceeding under section 713 subdivision 7 of the RPAPL by an order to show cause returnable within two days. Tenant hereby consents to final judgment and issuance of a warrant under Article 7 of the RPAPL directing immediate removal of Tenant from the Premises upon the expiration or sooner termination of the term of lease granted by this LeaseAgreement. 22.04. No agreement to accept a surrender of all (d) Tenant's obligations under this Paragraph 16 shall survive the expiration or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of Agreement and the Leased Property or this Leaselease granted hereby.

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensepursuant to Article 3 hereof. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or sooner termination of this Lease. 22.03the Term. If Tenant remains in possession the last day of the Leased Property after the termination of Term or any renewal thereof falls on Saturday or Sunday this Lease without shall expire on the execution of a new leasebusiness 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, thereforein addition to any other rights or remedy Landlord may have hereunder or at law, at Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half (2) times he aggregate of that portion of the Fixed Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.0122.01 Upon the expiration or other termination of the Term, Tenant shall, at Tenant’s sole cost and expense, quit, surrender, vacate and deliver the Demised Premises to Landlord broom clean and in good order, condition and repair except for ordinary wear, tear and damage by fire or other casualty and condemnation, together with all Tenant Changes (except as otherwise provided for in this Lease and subject to Tenant’s obligation to remove any Specialty Alteration, Hazardous Materials and other items pursuant to the terms hereof) and shall remove all Tenant’s Property therefrom. Upon Tenant’s obligations pursuant to Section 22.01 shall apply to all space (herein, each “Early Expiration Space”) (a) as to which Landlord has exercised its right to cancel this Lease with respect to Recapture Space as provided in Section 8.04B hereof and (b) [***], that constituted Returned Space, in each case, at the expiration or earlier termination of this Lease with respect to any such Early Expiration Space (as applicable, the “Early Expiration Date”). If Tenant fails timely to surrender to Landlord any Early Expiration Space, then the provisions of Section 22.02 shall apply with respect to the Early Expiration Space (with the Holdover Amount for use and occupancy payable with respect thereto being based upon the allocable portion of the Rent payable for such Early Expiration Space and references therein to (i) the “Demised Premises” being deemed to be the applicable Early Expiration Space and (ii) the Expiration Date or earlier termination of this Lease (or terms of similar import) shall mean the Early Expiration Date). A. Tenant acknowledges that possession of the Demised Premises (and Tenant’s Roof Top Space) must be surrendered to Landlord at the expiration or sooner termination of the Term hereof. The parties recognize and agree that the damages to Landlord resulting from any failure by Tenant timely to surrender possession of the Demised Premises (and Tenant’s Roof Top Space) as aforesaid will be substantial and may be impossible accurately to measure. Tenant therefore agrees that if possession of the Demised Premises (and Tenant’s Roof Top Space) is not surrendered to Landlord upon the expiration or sooner termination of the Term of this Lease, then notwithstanding anything to the contrary contained in this Lease, Tenant shall pay to Landlord for each month and for each portion of any month (in which event, for the avoidance of doubt, the Holdover Amount shall be payable for the entire month), during which Tenant holds over in the Demised Premises after the expiration or sooner termination of the Term, for use and occupancy, the aggregate sum (collectively, the “Holdover Amount”) of (i) 150% for the first sixty (60) days of such holding over, 175% for the next sixty (60) days and 200% thereafter, of the amount of the installment of the annual Fixed Rent that was payable under this Lease for the last month of the Term, plus (ii) one-twelfth (1/12) of all items of Recurring Additional Rent which would have been payable monthly pursuant to this Lease had its Term not expired or been terminated (it being agreed that for the purposes of this Section 22.02A, if all or part of such holdover occurs after the Scheduled PILOT Conversion Date, references to PILOT in Section 4.02 hereof shall be deemed to mean Full Taxes for the period after the Scheduled PILOT Conversion Date), plus (iii) those other items of Additional Rent which would have been payable pursuant to this Lease had its Term not expired or been terminated which aggregate sum Tenant agrees to pay to Landlord on demand, in full without setoff, and no extension or renewal of this Lease shall be deemed to have occurred by such holding over, nor shall Landlord be precluded by accepting such aggregate sum for use and occupancy from exercising all rights and remedies available to it to obtain possession of the Demised Premises. In addition to paying the Holdover Amount, Tenant shall comply with all other applicable terms and conditions of this Lease required to be performed by Tenant during any such holdover as if the expiration or sooner termination of this Lease had not occurred; provided that Landlord shall not be required to perform any work, furnish any materials or upon re-entry make any repairs within the Premises (or applicable portion thereof) during the holdover period. B. The acceptance by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord of any insurance proceeds received Holdover Amount by Tenant attributable pursuant to damage this subsection shall in no event preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the provisions of this Section shall be deemed be an “agreement expressly providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York and any successor or similar law of like import. Nothing contained in this Section shall (i) imply any right of Tenant to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property Premises after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease Date without the execution of a new lease, the parties recognize and agree (ii) imply any obligation of Landlord to grant a new lease or (iii) be construed to limit any right or remedy that the damage to Landlord will be substantial, will exceed the amount has against Tenant as a holdover tenant or trespasser. Landlord waives no rights against Tenant by reason of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. accepting any holding over by Tenant, therefore, at nor shall Landlord be precluded by accepting the option of Landlord, shall be deemed Holdover Amount for use and occupancy from exercising all rights and remedies available to be occupying the Leased Property as a tenant from month it to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part obtain possession of the Premises in order to induce such purchaser (or tenant not to terminate its purchase agreement or lease, applicable portion thereof) as the case may be, or its negotiation therefor provided by reason of Tenant's delay in so surrendering the Leased Property and (c) law at any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property time after the expiration or sooner earlier termination of the term of this Lease therefor and, subject to the provisions of Section 22.02C hereof, any right to damages in the event that Tenant’s holding over causes Landlord to suffer any loss. C. Without limiting any other provisions of this Section 22.02, Tenant shall, subject to the provisions of this Section 22.02C, indemnify, defend and hold Landlord and each other Landlord Party harmless from and against any cost, claim, loss, liability, damage or expense (including reasonable attorneys’ fees and disbursements) incurred by Landlord and such other Landlord Party as a result of delay by Tenant in surrendering the entire Demised Premises (or applicable Early Expiration Space) after the expiration or earlier termination of the term of this Lease therefor in the condition required hereunder, including any claims made by any succeeding tenant founded on such delay or any lost profits, losses, costs, expenses or liability payable to such tenant as a result thereof and any other consequential damages incurred by Landlord. Notwithstanding the foregoing or anything to the contrary contained in this Lease, provided that Tenant does not hold over in the Demised Premises or any portion thereof for more than sixty (60) days, Landlord hereby waives the right to proceed against Tenant for any claims made by any succeeding tenant and for any lost profits or any other consequential damages relating to or arising from any such holdover by Tenant; it being the intent that if Tenant holds over for more than sixty (60) days, Tenant shall be liable for any claims made by any succeeding tenant and any lost profits and any other consequential damages from the commencement of such holdover. D. Tenant acknowledges and agrees that the remedies of Landlord set forth in this Section 22.02 do not constitute a penalty but constitute a fair and reasonable estimate of the damages that Landlord will incur as a result of a holding over by Tenant. Tenant’s acknowledgement is a material inducement to Landlord to enter into this Lease and to accept the terms of this Lease. 22.04. No agreement to accept a surrender of all 22.03 Tenant’s obligations under this Article shall survive the expiration or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a other termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01On the last day of the term of this Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to make repairs as herein provided. Upon On or before the expiration last day of the term of this Lease, or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed shall be deemed abandoned. Lessee hereby appoints Lessor its agent to remove all property of Lessee from the Premises upon termination of this Lease and to cause its transportation and storage for Lessee's benefit, all at the sole cost and risk of Lessee and Lessor shall not be liable for damage, theft, misappropriation or upon re-entry by Landlord upon loss thereof and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all costs and expenses of such removal, transportation and storage. Lessee shall leave the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord Premises in good order, condition and repair, ordinary reasonable wear and tear and uninsured damage by from fire or and other casualty excepted. Tenant Lessee shall pay reimburse Lessor upon demand for any expenses incurred by Lessor with respect to Landlord any insurance proceeds received removal, transportation, or storage of abandoned property and with respect to restoring said Premises to good order, condition and repair. All alterations, additions and fixtures, other than Lessee's trade fixtures and equipment, which have been made or installed by Tenant attributable to damage to either Lessor or Lessee upon the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which Premises, shall remain in the Leased Property after property of Lessor and shall be surrendered with the Expiration Date, or after an earlier termination date, may, Premises as a part thereof. If the Premises be not surrendered at the option end of Landlordthe term or sooner termination thereof, be deemed to have been abandonedLessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, and in such case such items may be retained by Landlord as its property or disposed of by Landlordincluding, without accountabilitylimitation, in claims made by any succeeding tenants founded on such manner as Landlord delay and any attorneys' fees resulting therefrom. Lessee shall determine promptly surrender all keys for the Premises to Lessor at Tenant's expensethe place then fixed for the payment of rent and shall inform Lessor of combinations on any vaults, locks and safes left on the Premises. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant In the event Lessee remains in possession of the Leased Property Premises after the termination expiration of this Lease Lease, and without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantialbut with Lessor's written consent, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, it shall be deemed to be occupying the Leased Property Premises as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Termto-month, subject to all of the other terms provisions, conditions and obligations of this Lease insofar as the same are can be applicable to a month-to-month tenancy, except that the Base Rent shall be escalated to Lessor's then current base rent for the Premises according to Lessor's then current rental rate schedule for prospective tenants. FurtherIn the event Lessee remains in possession of the Premises after expiration of this Lease and without the execution of a new lease and without Lessor's written consent, Tenant hereby indemnifies Landlord against Lessee shall be deemed to be occupying the Premises without claim of right and Lessee shall pay Lessor for all costs arising out of loss or liability resulting from delay by Tenant Lessee in so surrendering the Leased Property, including Premises as above provided and shall pay a charge for each day of occupancy an amount equal to double the Base Rent and Additional Rent (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as daily basis) then currently being charged by Lessor on new leases in the case may be, by reason of Tenant's delay in so surrendering Office/Warehouse Complex for space similar to the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this LeasePremises. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon Tenant shall have no obligation to remove any alterations, additions, improvements, or changes made to the Premises after the Commencement Date, unless specifically stated in Landlord’s consent, at the expiration or sooner early termination of this Lease or upon re-entry by Landlord upon the Leased Property, Lease. Tenant shall have no right or obligation to remove any of Landlord’s Work or any other alterations, additions, improvements, or changes made by or on behalf of Landlord at Tenant's expense quit and the Premises. Tenant shall surrender the Leased Property and deliver the same to Landlord the Premises and all alterations and additions thereto broom clean and in good order, repair and condition and repair, (except for ordinary wear and tear and damage by fire or other casualty exceptedtear). Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage remove all personal property and trade fixtures prior to the Leased Property Landlord’s Initials Tenant’s Initials expiration of the Term, including any signs, notices and displays placed by Tenant. Tenant shall perform all reasonably necessary restoration, including, without limitation, restoration made reasonably necessary by the removal of Tenant’s personal property or trade fixtures prior to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains shall have no obligation to change the character of or possible uses for the Building. Landlord can elect to retain or dispose of, in possession of the Leased Property after the termination of this Lease without the execution of a new leaseany manner, the parties recognize and agree any alterations, utility installations, trade fixtures or personal property that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant Tenant does not remove from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the Lease term of as allowed or required by this Lease. 22.04. No agreement Title to accept a surrender any such alterations, utility installations, trade fixtures or personal property that Landlord elects to retain or dispose of all or any part on expiration of the Leased Property Lease term shall automatically vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or this Lease disposition of any such alterations, utility installations, trade fixtures or personal property. Tenant shall be valid unless liable to Landlord for Landlord’s costs for storing, removing and disposing of any alterations, utility installations, trade fixtures or personal property and shall indemnify and hold Landlord harmless from the claim of any third party to an interest in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease such alterations, utility installations, trade fixtures or a surrender of the Leased Property or this Leasepersonal property.

Surrender of Premises. 22.01All improvements to the Premises (collectively, “Leasehold Improvements“) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. Upon At the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTenant’s right of possession, Tenant shall at remove Tenant's expense ’s Removable Property (defined below) from the Premises, and quit and surrender the Leased Property Premises to Landlord, broom clean, and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. As used herein, the term “Tenant’s Removable Property“ shall mean: (A) any Leasehold Improvements that are installed by or for the benefit of Tenant shall pay to and which are specifically designated by Landlord any insurance proceeds received by and Tenant attributable to damage for removal in writing at or prior to the Leased time of installation (“Special Installations“); and (B) Tenant’s personal property. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property Premises) within 5 Business Days after the termination of this Lease without the execution or of a new leaseTenant’s right to possession, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeLandlord, at the option of LandlordTenant’s sole cost and expense, shall be deemed entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be occupying responsible for the Leased Property as a tenant from month to monthvalue, at a monthly rental equal to two preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and one-half times storage charges incurred for Tenant’s Removable Property. To the Fixed Rent and Additional Rent payable during the last month fullest extent permitted by applicable Law, any unused portion of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord Tenant’s Security Deposit may be required applied to make offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of remove Tenant’s Removable Property from the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasestorage, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or leasewithin 30 days after written notice, as the case Landlord may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of deem all or any part of Tenant’s Removable Property to 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 Leased Premises, Tenant’s Removable Property or 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 which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 Business 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 the OE Payment on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be valid unless in writing and signed removed by LandlordTenant on or before such earlier date of termination. No delivery Tenant shall repair damage caused by the installation or removal of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this LeaseTenant’s Removable Property.

Surrender of Premises. 22.0128.01 Upon expiration or other termination of the Term of this Lease, Tenant shall (i) quit and surrender to Landlord the Demised Premises vacant, broom clean, in good order and condition, normal wear and tear excepted, and (ii) remove all its property therefrom, except as otherwise expressly provided in this Lease. Upon Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease falls on a Sunday, this Lease shall expire at noon on the succeeding business day, unless it is a legal holiday, in which case it shall expire at noon on the next business day. 28.02 Tenant acknowledges that possession of the Demised Premises must be surrendered to Landlord at the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination Term of this Lease. 22.03. If Should Tenant remains remain in possession of the Leased Property after Demised Premises for a period in excess of ninety (90) days following the expiration or sooner termination of this Lease the Lease, Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Txxxxx in so surrendering the Demised Premises, including, without the execution of limitation, any claims made by any succeeding tenant founded on such delay. Landlord shall notify Tenant when Lxxxxxxx has entered into a new leasethird party lease for the Demised Premises, or any portion thereof so as to make Tenant aware of the potential liability Tenant may incur due to its failure to vacate the Demised Premises. The parties recognize and agree that the damage to Landlord will be substantial, will exceed resulting from any failure by Txxxxx to timely surrender possession of the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and Demised Premises as aforesaid will be impossible to measure accuratelyaccurately measure. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered Txxxxx therefore agrees that if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property Demised Premises is not surrendered to Landlord within twenty four (24) hours after the date of the expiration or sooner termination of the Term of this Lease, then Tenant shall pay to Landlord for each month and for each portion of any month during which Txxxxx holds over in the Demised Premises after the expiration or sooner termination of the Term of this Lease, a sum equal to 125% of the aggregate of that portion of the Base Rent which was payable under this Lease during the last month of the term hereof for the first three months following the expiration or sooner termination of the Lease; 150% of the aggregate of that portion of the Base Rent which was payable under this Lease during the last month of the term hereof for the next ensuing three months, and 200%of the aggregate of that portion of the Base Rent which was payable under this Lease during the last month of the term hereof thereafter. In addition, Tenant shall continue to pay 100% of all Additional Rent during any hold-over period. No month-to-month tenancy shall be deemed created by reason of Tenant’s holding over. Nothing contained herein shall be deemed to permit Tenant to retain possession of the Demised Premises after expiration of the Term of this Lease and the provisions of this Article shall survive the expiration or sooner termination of the Term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.0128.01. Upon the expiration or sooner other termination of the term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the demised premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire fire, the elements or other casualty excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expenseherein provided. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner other termination of the term of this Lease. 22.0428.02. No agreement to accept a surrender of all or any part In the event Tenant shall remain in possession of the Leased Property demised premises after the expiration or other termination of the term of this Lease Lease, such holding over shall not constitute a renewal or extension of this Lease. Landlord may, at its option, elect to treat Tenant as one who has not removed at the end of the term, and shall thereupon be entitled to all of the remedies against Tenant provided by law in that situation or Landlord may elect to construe such holding over as a tenancy from month-to-month, subject to all of the terms and conditions of this Lease, except as to the duration thereof, and the minimum rent or use and occupancy, as the case may be, shall be valid unless due, in writing either of such events, at a monthly rate equal to one and signed one-half (1.5) times the monthly installment of minimum rent which would otherwise be payable for such month, together with any and all additional rent. In addition to the foregoing, if the demised premises is not surrendered on the Expiration Date, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Landlord. No delivery of keys shall operate as a termination of this Lease Tenant in so surrendering the demised premises, including, without limitation, claims by any succeeding occupant founded on such delay and damages or a surrender of the Leased Property loss which Landlord may incur by any lost leasing opportunity or this Leasetransaction.

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease Lease, whether by lapse of time or otherwise, or upon re-entry the exercise by Landlord upon of the power to enter and repossess the Leased PropertyPremises without terminating this Lease, as hereinbefore provided, Tenant shall at Tenant's expense quit and once surrender possession of the Leased Property and deliver the same Premises to Landlord in good order, a condition and repairorder of repair substantially similar to its original condition and order of repair upon the commencement of the lease term, ordinary reasonable wear and tear and damage by fire or other events of casualty excepted, and shall at once remove all of Tenant’s personal property and trade fixtures from the Leased Premises. Upon any such termination, Tenant shall pay shall, as directed by Landlord, either remodel any addition to Landlord the Premises constructed by Tenant, so as to facilitate use of such addition for office operations or remove such addition from the Leased Premises. Any such remodeling or removal of any insurance proceeds received by Tenant attributable to damage addition to the Leased Property to the extent Premises shall be made by Tenant at its sole cost and expense. If, upon any such proceeds have termination, Tenant does not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in at once surrender possession of the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option Premises and remove such of its property as allowed by Landlord, Landlord may forthwith re-enter and repossess the same and remove all of Tenant’s property without being guilty of trespass or of forceful entry or detainer or without incurring any liability to Tenant for loss or damage to Tenant’s property. Upon any such removal of Tenant’s property, it shall be deemed considered to have been abandoned, abandoned and in such case such items may either be retained by Landlord as its property or may be disposed of at public or private sale as Landlord sees fit. If any such property is either sold at public or private sale or retained by Landlord, without accountability, in the proceeds of any such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration sale or termination of this Lease. 22.03. If Tenant remains in possession the then current fair market value of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leaseproperty, as the case may be, shall be applied by Landlord against Landlord’s expenses of removal, storage or sale of such property, the arrears of rent and other charges or future rent and other charges payable hereunder, and any other damages to which Landlord may be entitled hereunder. Tenant shall repair, at its negotiation therefor by reason of Tenant's delay in so surrendering sole cost and expense, any damage to the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate Premises resulting from the removal of its purchase agreement or lease, property as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leaseallowed hereunder. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. Upon At the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTenant’s right of possession, Tenant shall at remove Tenant's expense ’s Removable Property from the Premises, and quit and surrender the Leased Property Premises to Landlord, broom clean, and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage by fire located in the Premises or other casualty exceptedportions 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 repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”) provided that Landlord identifies such Special Installations by written notice to Tenant at the time of Landlord’s approval of plans and specifications therefor; and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant shall pay to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord any insurance proceeds received by Tenant attributable has designated to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property Premises) within 2 Business Days after the termination of this Lease without the execution or of a new leaseTenant’s right to possession, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeLandlord, at the option of LandlordTenant’s sole cost and expense, shall be deemed entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be occupying responsible for the Leased Property as a tenant from month to monthvalue, at a monthly rental equal to two preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and one-half times storage charges incurred for Tenant’s Removable Property. To the Fixed Rent and Additional Rent payable during the last month fullest extent permitted by applicable Law, any unused portion of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord Tenant’s Security Deposit may be required applied to make offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of remove Tenant’s Removable Property from the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasestorage, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or leasewithin 30 days after written notice, as the case Landlord may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of deem all or any part of Tenant’s Removable Property to be abandoned and may dispose of such items in accordance with California law. Except for Special Installations designated by Landlord to remain in the Leased Premises, Tenant’s Removable Property or 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 which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 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 is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises as provided above) shall be valid unless in writing and signed removed by Landlord. No delivery of keys shall operate as a Tenant within 2 Business Days after the termination of this Lease Lease. Tenant shall repair damage caused by the installation or a surrender removal of the Leased Property or this LeaseTenant’s Removable Property.

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain Except in the Leased Property after the Expiration Date, or after an earlier termination date, maycase of condemnation described in subsection 12(a), at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04, Tenant shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear excepted, and shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Leased Premises. Tenant 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 at the end term of this Lease, then Tenant will pay to Landlord, to the extent permitted by law, one hundred fifty percent (150%) of the amount of the rent paid by Tenant for the last full month of the term for each month or portion thereof that Tenant holds over, unless such holdover is expressly permitted in advance by Landlord in writing. Furthermore, at all times, Tenant shall indemnify Landlord 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 agreement to accept a surrender receipt of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed money by Landlord. No delivery of keys shall operate as a Landlord from Tenant after termination of this Lease or a surrender the service of any notice of commencement of any suit or final judgment for possession shall reinstate, continue or extend the Leased Property term of this Lease or this Leaseaffect any such Notice, demand, suit or judgment.

Surrender of Premises. 22.01. Upon At the expiration or sooner earlier termination of the Lease Term, Tenant may, on or before the expiration of one hundred eighty (180) days after expiration or earlier termination of this Lease or upon re-entry by Landlord upon Lease, at Tenant's own cost and expense, remove the Leased Propertyimprovements constructed on the Premises and any of Tenant's trade fixtures, equipment, furniture, furnishings, and other personal property from the Premises; provided, however, that (a) if Tenant elects to remove said improvements, Tenant shall have the obligation to return the Premises to the same condition as when originally leased to Tenant, and if any damages to the Premises results from such removal, Tenant shall repair such damage immediately at its own cost and expense, and (b) Tenant may not exercise this option to remove said improvements if upon the expiration or earlier termination of the Lease Term, Tenant has failed to pay any rent or additional rent due hereunder. In the event Tenant elects not to remove the improvements constructed on the Premises, Landlord may, on or before the expiration of one hundred eighty (180) days after expiration or earlier termination of this Lease, require Tenant to remove the same, at Tenant's expense quit sole cost and surrender expense. If Landlord so elects, Tenant shall have the Leased Property and deliver obligation to return the Premises to the same condition as when originally leased to Landlord in good orderTenant, condition and repairif any damages to the Premises results from such removal, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to repair such damage to immediately at its own cost and expense. In the Leased Property to event such improvements and items are not removed at the extent such proceeds have not been used to restore such items expiration or earlier termination of the Lease Term, in accordance with this Lease. 22.02. Any Section 17, such items which shall remain in be deemed abandoned and shall be the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option property of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property . On or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive before the expiration or earlier termination of this Lease. 22.03. If , Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new leaseshall cause any mortgages, the parties recognize and agree that the damage to Landlord will be substantialliens or encumbrances (including any Leasehold Mortgage) created by, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed through or under Tenant to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two fully discharged and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leasereleased. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensepursuant to Article 3 hereof. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or sooner termination of this Lease. 22.03the Term. If Tenant remains in possession the last day of the Leased Property after the termination of Term or any renewal thereof falls on Saturday or Sunday this Lease without shall expire on the execution of a new leasebusiness 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, thereforein addition, to any other rights or remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half (2) times the Fixed aggregate of that portion of the Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises without Landlord's consent, which may be withheld in Landlord's sole discretion, after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01Tenant shall, at the end of the Lease Term, or any extension thereof, promptly surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease, excepting only reasonable wear and tear and casualty. Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03, and prior to Tenant vacating the Premises, Landlord and Tenant shall jointly inspect the Premises. If Any work required to be done by Tenant remains in possession prior to its vacating of the Leased Property after Premises which has not been completed upon such vacating of the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of LandlordPremises, shall be deemed completed by Landlord and billed to Tenant. Tenant shall also, prior to vacating the Premises, pay to Landlord the amount, as estimated by Landlord, of Tenant’s obligation hereunder for Additional Rent. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant hereunder, with Tenant being liable for any additional costs therefor upon demand by Landlord, or with any excess to be occupying the Leased Property as a tenant from month returned to month, at a monthly rental equal to two Tenant after all such obligations have been determined and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasesatisfied, as the case may be, or its negotiation therefor . Any Security Deposit held by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained Landlord shall be deemed credited against the amount payable by Tenant under this Section. If Tenant fails to permit remove its Personal Property, Landlord may (without liability to Tenant for loss thereof), at Tenant’s sole cost and expense and in addition to remain in possession of the Leased Property after the expiration or sooner termination of the term of Landlord’s other rights and remedies under this Lease. 22.04, at law or in equity: (a) remove and store such items; and/or (b) upon ten (10) days prior written notice to Tenant, sell such items at private or public sale for such price as Landlord at its discretion may obtain. No agreement Landlord shall apply the proceeds of any such sale to accept a surrender of all or any part of the Leased Property or amounts due to Landlord under this Lease from Tenant (including Landlord’s attorneys fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant. Notwithstanding the foregoing, Tenant shall not be valid required to remove any alterations or additions, including the Tenant’s Work that Landlord has approved, unless in writing and signed such is a Specialty Item, designated by Landlord. No delivery of keys shall operate Landlord as a termination of this Lease or a surrender of such at the Leased Property or this Leasetime Landlord reasonably approves same.

Surrender of Premises. 22.01Section 15.1. Upon At the expiration or earlier termination of the Term, Tenant shall promptly surrender, in the same condition, order and repair in which they are required to be kept throughout the term hereof, the Premises and all Improvements, Alterations and additions thereto, and all fixtures and equipment servicing the Premises, ordinary wear and tear excepted, free and clear of all occupancies, lettings, liens and encumbrances. Tenant shall also execute all legal instruments necessary to document the transfer of the Improvements and any buildings on the Premises if necessary. Tenant's obligations under this Section shall survive the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with Term of this Lease. 22.02Section 15.2. If Tenant, or any person claiming through Tenant, shall continue to occupy the Premises after the expiration or earlier termination of the Term or any renewal thereof, such occupancy shall be deemed to be under a month-to-month tenancy under the same terms and conditions set forth in this Lease; except, however, that the Fixed Minimum Rent during such continued occupancy shall be 1.50 times the amount due in the last year of the Term. Anything to the contrary notwithstanding, any holding over by Tenant without Xxxxxxxx's prior written consent shall constitute a default hereunder and shall be subject to all the remedies set forth in Article 23 hereof. Section 15.3. Any items personal property of Tenant which shall remain in on the Leased Property Premises after the Expiration Date, expiration or after an earlier termination date, of this Lease may, at the option of the Landlord, be deemed to have been abandoned, abandoned by Tenant and in such case such items may either be retained by Landlord as its property or be disposed of by Landlord, without accountability, accountability in such manner as Landlord may see fit. If Landlord disposes of such property, Tenant shall determine at Tenant's expensepay to Landlord, as Additional Rent under this Lease, all costs incurred in connection with such disposal. Section 15.4. Tenant's obligation Landlord shall not be responsible for any loss or damage occurring to reimburse Landlord for its costs so incurred any property owned by Tenant which shall survive remain on the Premises after the expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the earlier termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies releases Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser for such loss or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leasedamage. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty excepted. for which Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to is not responsible under the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination terms of this Lease without excepted, and Tenant shall remove all of its property pursuant to Article 3 hereof. Tenant’s obligation to observe or perform this covenant shall survive the execution expiration or sooner termination of a new leasethe 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, thereforein addition to any other rights or remedy Landlord may have hereunder or at law, at Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half three (3) times the Fixed aggregate of that portion of the Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon At the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased PropertyXxxxxx's right of possession, Tenant shall at Tenant's expense quit remove all personal property and surrender the Leased Property and deliver the same Premises to Landlord in good order, condition order and repairin "broom clean" condition, ordinary wear and tear and damage excepted, removing, as requested by fire Landlord, any improvements or other casualty exceptedalterations made by Tenant. If tenant fails to remove any of Xxxxxx's personal property within two (2) business days after termination, Landlord shall not be responsible for the safekeeping or preservation of Tenant's personal property. Tenant shall pay Landlord, upon demand, all costs of storage. If Tenant fails to remove Xxxxxx's personal property from the Premises or from storage with thirty (30) days after delivery of notice, Landlord may deem all or any insurance proceeds received by Tenant attributable to damage to the Leased part of Tenant's Property to be abandoned and title to that property shall vest in Landlord. If tenant fails to remove any of the extent alternations or improvements made by tenant by the Termination date and complete related repairs in a timely manner, Landlord my perform such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine work at Tenant's expense. Tenant's obligation If Xxxxxx fails to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for surrender all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as at the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant's occupancy shall be subject to all the terms and provisions of this Lease and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to two hundred percent (200%) of the sum of the Rent and of the Additional Rent due for the period immediately preceding the holdover. No agreement to accept a surrender holdover by Tenant or acceptance of all or any part of payment from the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a Tenant after the termination of this Lease shall extend the Term or a surrender prevent Landlord from immediate recovery of possession of the Leased Property or this LeasePremises.

Surrender of Premises. 22.01. 28.01 Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the demised premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire fire, the elements or other casualty excepted. , and Tenant shall pay remove all of its property as herein provided. Tenant’s obligation to Landlord any insurance proceeds received by Tenant attributable to damage to observe or perform this covenant shall survive the Leased Property to expiration or other termination of the extent such proceeds have not been used to restore such items in accordance with this LeaseTerm. 22.02. Any items which shall remain in 28.02 If Tenant shall, without the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option written consent of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property hold over after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month expiration of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to such tenancy shall be deemed a month-to-month tenancy, which tenancy may be terminated as provided by applicable law. FurtherDuring such tenancy, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including agrees to (a) any claims made pay to Landlord, for the first 60 days of such holdover, on a monthly basis, the greater of the fair market rental value of the demised premises or one hundred fifty percent (150%) and, thereafter during such holdover, on a monthly basis, the greater of the fair market rental value of the demised premises or two hundred percent (200%), of (x) the basic annual rent and (y) all additional rent payable by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, Tenant for the last month of the Term and (b) be bound by all of the terms, covenants and conditions herein specified. In the case of any holdover by Tenant which continues for more than ninety (90) days (plus up to an additional thirty (30) days attributable to Force Majeure Causes affecting Tenant), Tenant shall be liable to Landlord for and indemnify Landlord against (i) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant obtained by Landlord for all or any part of the Premises demised premises (a “New Tenant”) by reason of the late delivery of space to the New Tenant as a result of Tenant’s holding over or in order to induce such purchaser or tenant New Tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor lease by reason of the holding over by Tenant's delay in so surrendering , (ii) the Leased Property and (c) loss of the benefit of the bargain if any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant New Tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, lease by reason of the holding over by Tenant and (iii) any claim for damages by any New Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit No holding over by Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys Term shall operate as to extend the Term. Notwithstanding the foregoing, the acceptance of any rent paid by Tenant pursuant to this Section 28.02 shall not preclude Landlord from commencing and prosecuting a termination of this Lease hold over or a surrender of the Leased Property or this Leasesummary eviction proceeding.

Surrender of Premises. 22.0130.1. Upon the expiration or sooner other termination of the term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition the Premises and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountabilityshall, in such manner as Landlord shall determine at all events, remove all of Tenant's expensePersonal Property as herein provided. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. 22.0330.2. If Tenant remains in fails to surrender possession of the Leased Property after Premises upon the expiration or other termination of the term of this Lease without the execution of a new leaseLease, the parties recognize and agree that the damage Landlord may elect by notice to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeto treat Tenant as a holdover and, at the option of Landlordin all events, Tenant shall be deemed obligated to be occupying the Leased Property as a tenant from month pay in addition to month, at a monthly rental equal to two and one-half times the Fixed Rent and all Additional Rent payable during hereunder, minimum rent at a rate per diem equal to the last month greater of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, one hundred twenty-five (b125%) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part percent of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as Base Rent payable immediately preceding the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration Expiration Date or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all , or any part (b) one hundred twenty-five percent (125%) of the Leased Property or this Lease shall be valid unless in writing and signed fair market rental value for the Premises during the holdover period. Notwithstanding such election by Landlord. No delivery of keys shall operate as a , if the Premises are not surrendered upon the expiration or other termination of the term of this Lease Lease, then Tenant shall indemnify and hold harmless Landlord against and from any loss, costs, liability or a expenses (including attorneys' fees) resulting therefrom, including any claims made by any succeeding Tenant founded upon such delay; provided, however, (i) Landlord shall have the right to seek to recover from Tenant any consequential or punitive damages occasioned by such holding over by Tenant and (ii) Landlord shall have no duty to mitigate any such damages incurred in connection with Tenant's failure to surrender possession of the Leased Property or Premises pursuant to this Lease. 30.3. If Tenant shall vacate the Premises at any time during the last month of the term of this Lease, then Landlord may after five (5) days prior written notice to Tenant enter and alter, renovate and redecorate the Premises, without elimination, diminution or abatement of rent, or incurring liability to Tenant for any compensation, and such acts by

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease for any reason, all fixtures, equipment, improvements and appurtenances attached to or upon re-entry built into the Premises in such a manner as to become part of the freehold, whether or not by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option expense of LandlordTenant, shall become and remain a part of and be deemed surrendered with the Premises, except that Landlord may elect to have been abandonedrequire Tenant, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense, to remove any or all of such fixtures, equipment, improvements and appurtenances, and Tenant shall restore the Premises to as good condition as existed on the Commencement Date subject to the conditions and terms previously set forth in Section 14. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination Any furniture, furnishings and other articles of this Lease. 22.03. If movable personal property owned by Tenant remains and located in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of LandlordPremises, shall be deemed to be occupying and shall remain the Leased Property as a tenant from month to month, at a monthly rental equal to two property of Tenant and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to removed by it any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of time during the term of this Lease. 22.04; provided that if any of Tenant's property is removed, Tenant shall repair or pay the cost of repairing any damage to the Premises resulting from such removal. No agreement Within Five (5) business days of Tenant’s surrendering the Premises, Landlord can elect to accept a surrender retain or depose of all in any manner any alterations or any part Tenant's fixtures that Tenant does not move from the Premises on expiration or termination of the Leased Property term as allowed or required by this Lease by giving at least Thirty (30) days' notice to Tenant. Title to any such alterations or Tenant's fixtures that Landlord elects to retain or dispose of on expiration of the Thirty (30) 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 Tenant's fixtures. Tenant shall be valid unless in writing liable to Landlord for Landlord's costs for storing, removing, and signed disposing of any of Tenant's personal property, and for Landlord's costs for repairing any damage to the Premises occasioned by Landlordsuch removals. No delivery of keys shall operate as a If Tenant fails to surrender the Premises to Landlord upon the expiration or termination of the term as required by this Lease or Section, Tenant shall hold Landlord harmless from all damages resulting from Tenant's failure to surrender the Premises, including, without limitation, claims made by a surrender of the Leased Property or this Leasesucceeding tenant.

Surrender of Premises. 22.01. Upon Any alterations, improvements or additions to the Leased Premises made by or at the request of Tenant shall remain upon the Leased Premises at the expiration or sooner earlier termination of this Lease and shall become the property of Landlord unless Landlord shall, prior to the expiration or upon re-entry by Landlord upon the Leased Propertyearlier termination of this Lease, give written notice to Tenant shall at Tenant's expense quit to remove such alterations, improvements and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty exceptedadditions. Tenant shall pay repair any damage caused by the installation and/or removal (including, without limitation, repairing and patching holes, replacing ceiling, floor and wall surfaces and repainting), and restore the Leased Premises to substantially the same condition in which it existed prior to the time that any such alterations, improvements or additions were made. Should Tenant fail to remove any such alterations, improvements or additions or to repair such damage when required or requested by Landlord so to do pursuant to this Section 17, Landlord may do so, and the cost and expense thereof shall be paid by Tenant to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02as Additional Rent. Any items personal property which shall remain in the Leased Property Premises or any part thereof after the Expiration Date, expiration or after an earlier termination date, may, at the option of Landlord, this Lease shall be deemed to have been abandoned, abandoned and in such case such items either may be retained by the Landlord as its Landlord's property or may be disposed of by Landlord, without accountability, in such manner as Landlord shall determine may see fit, provided that notwithstanding the foregoing Tenant shall, upon request of Landlord made no later then ten (10) days after the expiration or earlier termination of this Lease, promptly remove from the Building any such personal property at Tenant's own cost and expense. TenantShould Tenant fail so to do, Landlord may do so, and the cost and expense thereof shall be paid by Tenant to Landlord as Additional Rent. If such personal property or any part thereof shall be sold by Landlord, Landlord may receive and retain the proceeds of such sale(s) as Landlord's obligation to reimburse Landlord for its costs so incurred property. The covenants contained in this Section 17 shall survive the expiration or earlier termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensepursuant to Article 3 hereof. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or sooner termination of this Lease. 22.03the Term. If Tenant remains in possession the last day of the Leased Property after the termination of Term or any renewal thereof falls on Saturday or Sunday this Lease without shall expire on the execution of a new leasebusiness 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, thereforein addition to any other rights or remedies Landlord may have hereunder or at law, at Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half (2) times the Fixed aggregate of that portion of the Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises without Landlord's consent, which may be withheld in Landlord's sole discretion, after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon the expiration On or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after before the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination date of the term of this Lease. 22.04, or any renewal or extension thereof, or any earlier termination,thereof, Tenant shall demand, quietly and peacefully deliver possession of the Leased Premises to Landlord, broom clean, and free of all trash, garbage and debris, in as good condition as existed when Tenant took possession, reasonable wear and tear, and insured casualty damages excepted, and shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent, and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Leased Premises. No agreement to accept a surrender On or before said termination date, Tenant shall remove all Tenant's personal property and trade fixtures from the Leased Premises. All personal property or trade fixtures not removed by Tenant, shall, upon said termination date become Landlord's property, and Landlord may, at its option, either retain any personal property and trade fixtures, or dispose of all or any part portion of them at Tenant's sole cost and expense. Tenant shall reimburse Landlord upon demand for all Landlord's expenses incurred in connection with disposing of Tenant's personal properly and trade fixtures, or removing any of Tenant's trash, garbage and debris from the Leased Premises, or Building and Real Property of which the Leased Premises forms a part. This obligation shall survive the termination of this Lease. If this Lease terminates as a result of an insured casualty, Tenant is not obligated to repair or restore the Leased Premises, but-Landlord is entitled to a portion of the proceeds from Tenant's insurance, sufficient to reimburse Landlord for the reasonable cost of restoring the interior of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of Premises to the Leased Property or this Leasecondition existing immediately before such casualty.

Surrender of Premises. 22.01. Upon the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and peaceably surrender the Leased Property Premises (including all Alterations which Tenant is not required to remove pursuant to this Lease) to Landlord, broom clean and deliver in as good order and condition as of the same to Landlord in good order, condition and repairCommencement Date, ordinary wear and tear and damage by fire or other from casualty excepted. Upon such surrender, the Premises shall be free and clear of all of Tenant’s equipment, furniture, fixtures, and Alterations which Tenant shall pay is required to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with remove under this Lease. 22.02, and any other personal property located in the Premises. Any items which shall remain in property left on the Leased Property after Premises at the Expiration Dateexpiration or other termination of this Lease, or after an earlier termination datethe happening of any of the defaults specified in Article 19, may, at the option of Landlord, either be deemed to have been abandonedabandoned or be placed in storage, in the name of, and in such case such items may be retained by Landlord as its property for the account of, and at the sole risk, cost, and expense of, Tenant, or otherwise disposed of by Landlord, without accountability, Landlord in such the manner as provided by law. Tenant expressly releases Landlord shall determine at Tenant's expense. Tenant's obligation of and from any and all claims and liability for damage to reimburse Landlord for its costs so incurred shall survive or destruction or loss of property left by Tenant upon the Premises upon the expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the other termination of this Lease without and Tenant hereby indemnifies Landlord against any and all claims and liability with respect thereto. In addition, prior to surrendering the execution of a new leasePremises, the parties recognize and agree that the damage Tenant shall pay to Landlord will be substantial, will exceed any and all unpaid Rent which shall have accrued and any other sums which Tenant shall owe to Landlord under this Lease. Failure on the amount part of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible Tenant to measure accurately. Tenant, therefore, at strictly comply with the option provisions of Landlord, this Article 23.1 shall not be deemed to be occupying a valid surrender of the Leased Property as a tenant from month to monthPremises. If, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Lease Term, subject to Tenant shall have removed all or substantially all of Tenant’s personal property from the other terms of this Lease insofar as Premises, Landlord shall have the right to enter the Premises to alter, renovate and decorate the same are applicable to a month-to-month tenancy. Further, without Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make being entitled to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part abatement of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this LeaseRent. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon At the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTenant’s right of possession, Tenant shall at remove Tenant's expense ’s Property from the Premises, and quit and surrender the Leased Property and deliver 739237752.8 19 Premises to Landlord in the same to condition as existing on the Rent Commencement Date, free of Hazardous Materials not existing as of the Commencement Date, which was brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Related Party (collectively, “Tenant HazMat Operations”), broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. In addition, Tenant shall not be required to remove any Landlord approved Alterations unless Landlord stated in writing at the time of approval of the Alteration that such Alternation would need to be removed. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, for or after an earlier termination date, may, at the option of reimburse Landlord, be deemed to have been abandonedas applicable, and in such case such items may be retained for any damage, expense or loss suffered by Landlord as its property in connection with Tenant’s removal of Tenant’s Property or disposed of by Landlordapproved Alterations, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03if applicable. If Tenant remains in possession fails to remove any of the Leased Tenant’s Property within thirty (30) days after the termination of this Lease without the execution or of a new leaseTenant’s right to possession, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeLandlord, at the option of LandlordTenant’s sole cost and expense, shall be deemed entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be occupying responsible for the Leased value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant’s Property. In addition, if Tenant fails to remove Tenant’s Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasestorage, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and within thirty (c30) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or leasedays after Notice, as the case Landlord may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of deem all or any part of the Leased Tenant’s Property or this Lease to be abandoned, and title to Tenant’s Property shall be valid unless deemed to be immediately vested in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a At least two (2) months prior to the surrender of the Leased Property Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required by any Governmental Authority) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released for unrestricted use and occupancy (the “Surrender Plan”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Party with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of the Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by Landlord’s environmental consultant with respect to the surrender of the Premises to third parties. If Tenant shall fail to prepare or submit a Surrender Plan approved by Landlord, or if Tenant shall fail to complete the approved Surrender Plan, or if such Surrender Plan, whether or not approved by Landlord, shall fail to adequately address any residual effect of Tenant HazMat Operations in, on or about the Premises, Landlord shall have the right to take such actions as Landlord may reasonably deem appropriate to assure that the Premises and the San Diego Facility are surrendered free from any residual impact from Tenant HazMat Operations, the cost of which actions shall be reimbursed by Tenant as Additional Rent, without regard to the limitation set forth in the preceding paragraph. 739237752.8 20 Tenant acknowledges and agrees that, notwithstanding anything to the contrary in this Lease, Tenant shall (at Tenant’s sole cost and expense) demolish and improve (i) the area depicted on Exhibit F attached hereto located within the Building and (ii) all equipment platforms installed by Tenant in the Premises after the date of this Lease, in each case with industry standard warehouse finishes as reasonably agreed to by Landlord and Tenant (collectively, the “Restoration Work”) at some point in time, determined by Tenant in its sole discretion upon 30 days prior written notice to Landlord (the “Restoration Work Commencement Notice”), prior to the termination or earlier expiration of the Lease, as more particularly set forth in the final paragraph of this Section 21. Tenant acknowledges that, upon the expiration of the Term of the Lease, the Restoration Work shall become the property of Landlord and may not be removed by Tenant. The Restoration Work shall be treated as Alterations and shall be undertaken pursuant to Section 5 of this Lease. The contractor for the Restoration Work shall be selected by Tenant, subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Prior to the commencement of the Restoration Work, Tenant shall deliver to Landlord a copy of any contract with Tenant’s contractors, and certificates of insurance from any contractor performing any part of the Restoration Work evidencing industry standard commercial general liability, automotive liability, “builder’s risk”, and workers’ compensation insurance. Tenant shall cause the general contractor to provide a certificate of insurance naming Landlord, Alexandria Real Estate Equities, Inc., and Landlord’s then current Mortgagee (if any) as additional insureds for the general contractor’s liability coverages required above. Upon completion of the Restoration Work, Tenant shall deliver to Landlord the following items: (i) sworn statements setting forth the names of all contractors and subcontractors who did work on the Restoration Work, as applicable, and final lien waivers from all such contractors and subcontractors; and (ii) hard copy and electronic “as built” plans for the Restoration Work, as applicable. Notwithstanding the foregoing, in lieu of Tenant performing the Restoration Work as described above, Landlord may at any time elect by delivery of written notice to Tenant to have Tenant pay to Landlord, at the expiration or earlier termination of the Term, an amount equal to the amount required to complete the Restoration Work, as reasonably determined by Tenant’s general contractor and reasonably approved by Landlord, provided, however, Landlord shall have the right to reasonably approve the architect, the plans and specifications, and the general contractor, pursuant to which such amount is determined (such Landlord-approved amount being the “Restoration Work Payment Amount”). In the event Tenant delivers a Restoration Work Commencement Notice, Tenant shall not commence the Restoration Work until Tenant receives a written response from Landlord electing either that (x) Tenant may commence the Restoration Work or (y) Tenant shall pay to Landlord the amount described in this paragraph in lieu of completing the Restoration Work. If Landlord does not provide such an election within 15 days following Landlord’s receipt of the Restoration Work Commencement Notice, then Tenant may provide Landlord with a second written notice stating in bold and all caps 12 point font that Landlord’s failure to make an election provided in this paragraph within 15 days after Landlord’s receipt of the second notice shall be deemed Landlord’s election that Tenant may either (i) commence the Restoration Work or (ii) pay to Landlord the Restoration Work Payment Amount after the determination thereof.

Surrender of Premises. 22.01Section 25.01. Upon the expiration or sooner other termination of the term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord Demised Premises in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty casualty, the elements and any cause beyond Tenant's control excepted. Tenant , and shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items remove all its property therefrom, except as otherwise provided in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. 22.03. If In the event Tenant remains in possession of the Leased Property Demised Premises after the termination of this Lease without Lease, either at the execution stated termination or otherwise, (i) Landlord shall be entitled to all of the rights and remedies which are available to a Landlord against a Tenant holding over after the expiration of a new leaseterm and to such other rights and remedies as may be provided for in this Lease, the parties recognize at law and/or in equity and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. (ii) Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property Demised Premises as a tenant from month to month-to-month, at a monthly rental equal to two one and one-half (1-1/2) times the Fixed Rent rent and Additional Rent additional rent payable during the last month of the Demised Term, subject to all of the other terms of this Lease insofar as the same are or may be applicable to a month-to-month tenancy. FurtherSuch monthly rental shall be pro rated on a per diem basis if Tenant occupies the Demised Premises as a tenant from month-to-month for a portion of a month. Furthermore, Tenant hereby indemnifies Landlord against any and all liability resulting from delay by Tenant in so surrendering the Leased PropertyDemised Premises including, including (a) but not limited to, any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, delay and agrees to be liable to Landlord for (bi) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant obtained by Landlord for all or any part of the Demised Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor lease by reason of Tenant's delay in so surrendering the Leased Property and holding over by Tenant (cii) the loss of the benefit of the bargain if any loss suffered if a purchaser or prospective purchaser or succeeding or prospective such tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, lease by reason of the holding over by tenant. Tenant's delay in so surrendering the Leased Property. Nothing herein contained obligations under this article shall be deemed to permit Tenant to remain in possession of the Leased Property after survive the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01Section 25.01. Upon expiration or other termination of the Term of this Lease, Tenant shall (i) quit and surrender to Landlord the Demised Premises vacant, broom clean, in good order and condition, normal wear and tear excepted, and (ii) remove all its property therefrom, except as otherwise expressly provided in this Lease. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease falls on a Sunday, this Lease shall expire at noon on the preceding Saturday, unless it be a legal holiday, in which case it shall expire at noon on the previous business day. Section 25.02. Tenant acknowledges that possession of the Demised Premises must be surrendered to Landlord at the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination Term of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new leaseagrees to indemnify and save Landlord harmless against all costs, the parties recognize and agree that the damage to Landlord will be substantialclaims, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased PropertyDemised Premises, including (a) including, without limitation, any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon on such delay, (b) . The parties recognize and agree that the damage to Landlord resulting from any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor failure by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in timely surrender possession of the Leased Property Demised Premises as aforesaid will be extremely substantial, will exceed the amount of the Base Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Demised Premises is not surrendered to Landlord within 24 hours after the date of the expiration or sooner termination of the Term of this Lease, then Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the expiration or sooner termination of the Term of this Lease, a sum equal to one and a half (1.5) times the aggregate of that portion of the Base Rent and Additional Rent which was payable under this Lease during the last month of the term hereof. Tenant further agrees and acknowledges that Landlord’s acceptance of any such payment shall not create any tenancy, whether a tenancy from month to month or otherwise. Nothing contained herein shall be deemed to permit Tenant to retain possession of the Demised Premises after expiration of the Term of this Lease and the provisions of this Article shall survive the expiration or sooner termination of the Term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. 27.1 Upon the expiration Expiration Date or sooner upon the earlier termination of the term of this Lease or upon re-entry by Landlord upon the Leased Propertylease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Demised Premises, broom clean, in good order, condition condition, and repair, ordinary wear and tear and damage by fire fire, the elements or other casualty excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased remove all of its Personal Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expenseherein provided. Tenant's obligation to reimburse Landlord for its costs so incurred observe and perform this covenant shall survive the expiration or earlier termination of the term of this Leaselease. 22.03. 27.2 If Tenant remains in fails to surrender possession of the Leased Property after Demised Premises upon the Expiration Date or earlier termination of the term of this Lease without the execution of a new lease, the parties recognize and agree that the damage Landlord may elect, by notice to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property treat Tenant as a tenant from month to month, holdover for a further term of 3 months at a monthly rental equal to two and one-half times twice the Fixed Rent and Additional Rent payable which Tenant was required to pay during the last month prior to expiration or termination. In addition to the above, if the Demised Premises are not surrendered upon the expiration or earlier termination of the term of this lease, Tenant shall indemnify and hold Landlord harmless from and against any claims, loss, costs, liability and expenses (including attorneys' fees) resulting therefrom, including any claims made by any succeeding lessee founded upon such delay. 27.3 If the last day of the term of this lease falls on a Sunday, this lease shall end on the immediately preceding business day. If Tenant shall have removed all or substantially all of its employees and Personal Property from the Demised Premises at any time during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leaselease, Landlord may immediately enter and alter, renovate and redecorate the Demised Premises, without elimination, diminution or abatement of rent, or incurring liability to Tenant for any compensation, and such acts by Landlord shall have no effect upon this lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon Subject to the expiration terms and conditions of Section 10.4, Tenant shall, at the end of the Lease Term, or sooner termination any extension thereof, promptly surrender the Premises in good broom clean condition have removed all equipment and personal property and in conformity with the applicable provisions of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary excepting only reasonable wear and tear and damage by fire or other casualty and eminent domain excepted. For purposes of confirmation herein, Tenant, at its sole cost and expense, shall be required to remove the Laboratory Equipment as part of its surrender obligations. Upon the expiration or earlier termination of this Lease, and prior to Tenant vacating the Premises, Landlord and Tenant shall jointly inspect the Premises and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained amount estimated by Landlord as necessary to put the Premises in such order and condition. Any work required to be done by Tenant prior to its property or disposed vacating of the Premises which has not been completed upon such vacating of the Premises, shall be completed by Landlord and billed to Tenant. Tenant shall also, prior to vacating the Premises, pay to Landlord the amount, as reasonably estimated by Landlord, without accountability, in of Tenant’s obligation hereunder of Additional Rent. All such manner as Landlord amounts shall determine at Tenant's expense. Tenant's obligation to reimburse be used and held by Landlord for its payment of such obligations of Tenant hereunder, with Tenant being liable for any additional costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of therefor upon demand by Landlord, shall be deemed or with any excess to be occupying the Leased Property as a tenant from month returned to month, at a monthly rental equal to two Tenant after all such obligations have been determined and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasesatisfied, as the case may be. Any Security Deposit held by Landlord shall be credited against the amount payable by Tenant under this Section 25 to the extent determined prior to the date that Landlord is required to return the Security Deposit to Tenant. If Tenant abandons or surrenders the Premises, or is dispossessed by process of law or otherwise, Tenant shall remove its negotiation therefor by reason of Personal Property from the Premises. If Tenant fails to remove its Personal Property, Landlord, may (without liability to Tenant for loss thereof), at Tenant's delay ’s sole cost and expense and in so surrendering the Leased Property addition to Landlord’s other rights and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of remedies under this Lease. 22.04, at law or in equity remove and store such items; and/or upon fifteen (15) days prior written notice to Tenant, sell such items at private or public sale for such price as Landlord at its discretion may obtain. No agreement Landlord shall apply the proceeds of any such sale to accept a surrender of all or any part of the Leased Property or amounts due to Landlord under this Lease shall from Tenant (including Landlord’s attorneys’ fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Leasepaid to Tenant.

Surrender of Premises. 22.01. HOLDING OVER Upon expiration of the expiration term or sooner the termination of this Lease or upon re-entry by Landlord upon the Leased Propertyof Tenant's right of possession, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises and all tenant improvements and alterations (except alterations which Tenant has the right or obligation to remove) in good ordercondition, condition and repair, except for ordinary wear and tear 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 Tenant's pexxxxxx property not removed from the Premises by Tenant prior to the expiration of the term. Tenant waives all claims against Landlord for any damage by fire to Tenant resulting from Landlord's xxxention or other casualty excepteddisposition of Tenant's pexxxxxx property. Tenant shall pay be liable to Landlord any insurance proceeds received by for Landlord's costs for storage, removal or disposal of Tenant's personal property. If Tenant attributable to damage to failx xx xurrender the Leased Property to Premises upon the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in expiration of the Leased Property after the Expiration Dateterm, or after an earlier termination date, may, at upon the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03Lease 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 Tenant, with Landlord's xxxxxxx, remains in possession of the Leased Property Premises after the termination expiration of this Lease without the execution of a new leaseLease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, such possession by Tenant shall be deemed to be occupying the Leased Property as a tenant from month-to-month to monthtenancy terminable on written 30-day notice at any time, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms by either party. All provisions of this Lease insofar as Lease, except those pertaining to term and rent, shall apply to the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant shall pay Base Monthly Rent in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required an amount equal to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part 150% of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as Base Monthly Rent for the case may be, or its negotiation therefor by reason last full calendar month during the regular term plus 100% of said last month's estimate of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed share of Expenses pursuant to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this LeaseSection 4.3(3). 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01On the last day of the term of this Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to make repairs as herein provided. Upon On or before the expiration last day of the term of this Lease, or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed shall be deemed abandoned. Lessee hereby appoints Lessor its agent to remove all property of Lessee from the Premises upon termination of this Lease and to cause its transportation and storage for Lessee's benefit, all at the sole cost and risk of Lessee and Lessor shall not be liable for damage, theft, misappropriation or upon re-entry by Landlord upon loss thereof and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all costs and expenses of such remoyal, transportation and storage. Lessee shall leave the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord Premises in good order, condition and repair, ordinary reasonable wear and tear and uninsured damage by from fire or and other casualty excepted. Tenant Lessee shall pay reimburse Lessor upon demand for any expenses incurred by Lessor with respect to Landlord any insurance proceeds received removal, transportation, or storage of abandoned property and with respect to restoring said Premises to good order, condition and repair. All alterations, additions and fixtures, other than Lessee's trade fixtures and equipment, which have been made or installed by Tenant attributable to damage to either Lessor or Lessee upon the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which Premises, shall remain in the Leased Property after property of Lessor and shall be surrendered with the Expiration Date, or after an earlier termination date, may, Premises as a part thereof If the Premises be not surrendered at the option end of Landlordthe term or sooner termination thereof, be deemed to have been abandonedLessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, and in such case such items may be retained by Landlord as its property or disposed of by Landlordincluding, without accountabilitylimitation, in claims made by any succeeding tenants founded on such manner as Landlord delay and any attorneys' fees resulting therefrom. Lessee shall determine promptly surrender all keys for the Premises to Lessor at Tenant's expensethe place then fixed for the payment of rent and shall inform Lessor of combinations on any vaults, locks and safes left on the Premises. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant In the event Lessee remains in possession of the Leased Property Premises after the termination expiration of this Lease Lease, and without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantialbut with Lessor's written consent, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, it shall be deemed to be occupying the Leased Property Premises as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Termto-month, subject to all of the other terms provisions, conditions and obligations of this Lease insofar as the same are can be applicable to a month-to-month tomonth tenancy, except that the Base Rent shall be escalated to Lessor's then current base rent for the Premises according to Lessor's then current rental rate schedule for prospective tenants. FurtherIn the event Lessee remains in possession of the Premises after expiration of this Lease and without the execution of a new lease and without Lessor's written consent, Tenant hereby indemnifies Landlord against Lessee shall be deemed to be occupying the Premises without claim of right and Lessee shall pay Lessor for all costs arising out of loss or liability resulting from delay by Tenant Lessee in so surrendering the Leased Property, including Premises as above provided and shall pay a charge for each day of occupancy an amount equal to double the Base Rent and Additional Rent (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as daily basis) then currently being charged by Lessor on new leases in the case may be, by reason of Tenant's delay in so surrendering Office/Warehouse Complex for space similar to the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this LeasePremises. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensepursuant to Article 3 hereof. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or sooner termination of this Lease. 22.03the Term. If Tenant remains in possession the last day of the Leased Property after the termination of Term or any renewal thereof falls on Saturday or Sunday this Lease without shall expire on the execution of a new leasebusiness 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within fourteen (14) days after the Expiration Date or sooner termination of the Term, thereforein addition to any other rights or remedies Landlord may have hereunder or at law, at Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half (2) times the Fixed aggregate of that portion of the Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after At the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept , Tenant shall surrender the Premises (including the Equipment) in as good a surrender of all or any part condition as exists as of the Leased Property or this Lease date hereof (reasonable wear and tear excepted, and subject to Sections 13 and 14), and shall be valid unless in writing surrender all keys for the Premises to Landlord and signed otherwise provide such information as is reasonably necessary to effectuate an efficient transition of the operation of the Premises. Tenant shall at such time remove all Tenant’s Property, if requested to do so by Landlord, and shall repair any damage to the Premises caused thereby, and any or all of such property 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. No delivery of keys If Tenant shall operate as a fail to vacate and surrender the Premises upon the expiration or earlier termination of this Lease as required above, then, throughout the period commencing on such expiration or earlier termination and continuing until Tenant shall so fully vacate and surrender the Premises (such period being herein called the “Holdover Period”), Tenant shall be deemed a holdover tenant and shall be liable to Landlord for Rent, or a surrender charge in respect of use and occupancy, at a per diem rate, for each day of the Leased Property Holdover Period, equal to (1) during the first 60 days of any such holdover, 150% of the average per diem rate of Base Rent and any additional rent payable by Tenant during the last month of the term hereof, and (2) for the balance of such holdover, 150% of the greater of (x) the average per diem rate of Base Rent and any additional rent payable by Tenant during the last month of the term hereof, and (y) the per diem fair market rental value of the Premises at the time in question. In addition to the foregoing, if the Premises are not surrendered as and when described above, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay, provided that Landlord shall have notified Tenant in writing that the Premises have been leased to another person or entity and Tenant fails to vacate the Premises within thirty (30) days of receipt of such notice. Nothing herein shall be deemed to grant Tenant any right to holdover, and in no event shall the acceptance of any Rent preclude Landlord from commencing and prosecuting any holdover or eviction proceeding. The provisions of this Section 22 shall survive the expiration or sooner termination of this Lease.

Surrender of Premises. 22.01. Upon On the expiration last day, or sooner earlier permitted termination of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord Premises in good order, and orderly condition and repair, ordinary repair (reasonable wear and tear tear, and damage by fire or other casualty excepted. Tenant ) and shall pay to Landlord any insurance proceeds received by Tenant attributable to damage deliver and surrender the Leased Premises to the Leased Landlord peaceably, together with all Tenant Improvements and the Landlord's Personal Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after Premises at the Expiration Commencement Date. The Landlord reserves the right to require the Tenant at its cost and expense to remove any alterations or improvements and restore the Leased Premises to the condition existing on the Commencement Date, or after an earlier termination datenormal wear and tear excepted, mayprovided, however, that Landlord shall advise Tenant at the option of Landlord, time such alterations or improvements are consented to by the Landlord whether or not Tenant will be deemed required to have been abandoned, and in remove such case such items may be retained by Landlord as its property alterations or disposed of by Landlord, without accountability, in such manner as Landlord shall determine improvements at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive the expiration or termination of this Lease. 22.03. If Tenant remains in possession In addition, prior to the expiration of the Lease term the Tenant shall remove all of its tangible property, fixtures and equipment from the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accuratelyPremises. Tenant, therefore, at the option of Landlord, All property not removed by Tenant shall be deemed abandoned by Tenant, and Landlord reserves the right to be occupying charge the reasonable cost of such removal and disposal to the Tenant. If the Leased Property as a tenant from month to month, Premises are not surrendered at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month end of the TermLease term, subject to all of the other terms of this Lease insofar as the same are applicable to a monthTenant shall be liable for double Base Rent under NJSA 2A:42-to-month tenancy. Further6, and Tenant hereby indemnifies shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased PropertyPremises, including (a) including, without limitation any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such on the delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss of income suffered if a purchaser or prospective purchaser or succeeding or prospective tenant by Landlord. These covenants shall terminate its purchase agreement or lease, as survive the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon At the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Propertytenancy hereby created, Tenant shall at Tenant's expense quit and peaceably surrender the Leased Property Premises, including all alterations, additions, improvements, decorations and deliver the same to Landlord repairs made thereto broom clean and in good order, condition and repair, ordinary reasonable wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received remove trade fixtures, equipment, signs and other personal property installed by Tenant attributable to provided the same can be removed without causing damage to the Leased Property to Premises. Tenant shall not, without the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option prior written consent of Landlord, be deemed remove any free standing signs, any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other building operating equipment or decorations. Tenant shall, prior to have been abandonedsurrendering the Premises to Landlord, and in such case such items may be retained by Landlord as remove from the Premises all its property or disposed of by Landlord, without accountability, not required to be surrendered to Landlord and shall repair any damage to the Premises caused thereby. Any personal property remaining in such manner as Landlord shall determine the Premises at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive the expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, tenancy created hereby shall be deemed abandoned by Tenant, and may be disposed of by Landlord at Tenant’s expense and Landlord shall in no circumstances have any liability to be occupying Tenant therefor. Upon termination, Tenant shall also surrender all keys for the Leased Property as a tenant from month Premises to monthLandlord and, if applicable inform Landlord of any combinations of locks or safes in the Premises. If the Premises are not surrendered at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month end of the Term, subject to all of the other terms of this Lease insofar term as the same are applicable to a month-to-month tenancy. Furtherhereinabove set out, Tenant hereby indemnifies shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Leased PropertyPremises, including (a) any including, without limitation, claims made by any purchaser or prospective purchaser, succeeding tenant in connection with such delay and, in addition, shall pay to Landlord during any month or prospective tenant founded upon such delayportion thereof in which Tenant occupies the Premises, (b) any payment or rent concession which Landlord may be required an amount equal to make two times the monthly rental rate in effect immediately prior to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part the termination of the Premises in order tenancy described herein. Tenant’s obligation to induce such purchaser observe or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant perform this covenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after survive the expiration or sooner other termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. 27.1 Upon the expiration or sooner other termination of the Term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same Premises to Landlord Landlord, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire fire, the elements or other casualty excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord its personal property as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expenseherein provided. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform the covenants in this Article 28 shall survive the expiration or other termination of the Term of this Lease. 22.03. If 27.2 Tenant remains in acknowledges that possession of the Leased Property after Premises must be surrendered to Landlord at the expiration or sooner termination of the Term of this Lease without the execution of a new lease, the Lease. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly Fixed Rent rent and Additional Rent additional rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within 24 hours after the date of the expiration or sooner termination of the Term of this Lease, thereforethen, notwithstanding anything to the contrary contained in this Lease, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the expiration or sooner termination of the Term of this Lease, rent at the option greater of Landlord, shall be deemed to be occupying the Leased Property as (a) a tenant from month to month, at a monthly rental rate equal to two and one-half times the Fixed Rent aggregate of that portion of the fixed annual rent and Additional Rent additional rent that was payable during under this Lease for the last month of the TermTerm hereof, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or the then market rent concession which for the Premises, provided, however, that in no event shall Landlord may be required entitled to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part receive an amount in excess of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor maximum amount permitted by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased PropertyLegal Requirements. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises after the expiration or sooner termination of the term Term of this Lease. The provisions of this Section 27.2 shall survive the expiration or other termination of the Term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased PropertyUnless terminated sooner, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same Demised Premises to the Landlord at the termination of the Base Term or any Option Periods, whichever shall occur later. Except as provided in Section 9 and unless otherwise specified by the Landlord in good orderwriting, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. the Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage deliver the Demised Premises to the Leased Property Landlord together with all improvements, alterations and repairs made by it during the Base Term and any Option Periods. At the time of surrender, Tenant shall deliver all keys for the Demised Premises to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02Landlord at the place then fixed for the payment of Rent and shall inform the Landlord of all combination locks, safes and vaults, if any, which are a part of the Demised Premises. Any items which shall remain remaining in the Leased Property Demised Premises after surrender of the Expiration Date, or after an earlier termination date, may, at keys to the option Demised Premises shall be deemed abandoned for all purposes and shall become the property of Landlord, be deemed and the latter may dispose of the same without liability of any type or nature. If Tenant shall default in surrendering the Demised Premises, Tenant’s occupancy subsequent to have been abandoned, and in such case such items may be retained by Landlord as its property expiration or disposed of by Landlord, without accountabilitytermination, in the event such manner as occupancy is without the consent or acquiescence of Landlord shall determine at Tenant's expense. Tenant's obligation or pursuant to reimburse Landlord for its costs so incurred shall survive expiration an amendment or termination extension of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, said occupancy shall be deemed to be occupying the Leased Property as a tenant from tenancy-at-will and in no event for month to monthmonth or year to year, at a and it shall be subject to all the terms, covenants and conditions of this Lease applicable thereto, and no extension or renewal of this Lease shall be deemed to have occurred by such holding over; provided, however, that the monthly rental installments of Minimum Rents payable hereunder during said holdover period shall be equal to two and one-half times 150% of the Fixed Rent and Additional monthly installments of Minimum Rent payable during the last month of the Term, subject to all term of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. FurtherLease, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for and all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained Additional Rent payable hereunder shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leaseprorated during such holdover period. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01Section 28.01. Upon the expiration or sooner other termination of the term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord Demised Premises, vacant, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty excepted. Tenant , and shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items remove all its property therefrom, except as otherwise provided in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner other termination of the term of this Lease. 22.04Section 28.02. No agreement to accept a surrender of all or any part In the event Tenant shall remain in possession of the Leased Property Demised Premises after the expiration or other termination of the term of this Lease Lease, such holding over shall not constitute a renewal or extension of this Lease. Landlord, may, at its option, elect to treat Tenant as one who is not removed at the end of the term, and thereupon be entitled to all of the remedies against Tenant provided by law in that situation or Landlord may elect to construe such holding over as a tenancy from month-to-month, subject to all of the terms and conditions of this Lease, except as to the duration thereof, and the minimum rent shall be valid unless due, in writing either of such events, at a monthly rental rate equal to one and signed one-half (1.5) times the monthly installment of minimum rent which would otherwise be payable for such month, together with any and all additional rent. Tenant shall also be responsible for and hereby indemnifies Landlord against any claims made by any succeeding tenant or prospective tenant founded upon Tenant's delay in surrendering the Demised Premises to Landlord. No delivery of keys shall operate as a If the Demised Premises are not surrendered upon the termination of this Lease Lease, provided that at the time of expiration or sooner termination, Landlord shall notify Tenant in writing that it has entered into or is about to enter into a surrender of the Leased Property or this Leasenew lease with a succeeding tenant, in which event, Tenant shall indemnify Landlord against liability resulting from such delay by Tenant, including any claims made by any succeeding tenant founded upon such delay.

Surrender of Premises. 22.01. Upon At the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTenant’s right of possession, Tenant shall at remove Tenant's expense ’s Property from the Premises, and quit and surrender the Leased Property and deliver Premises to Landlord in the same to condition as received on the Commencement Date, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Related Party (collectively, “Tenant HazMat Operations”), broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. In addition, Tenant shall not be required to remove any Landlord approved Alterations unless Landlord stated in writing at the time of approval of the Alteration that such Alternation would need to be removed. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, for or after an earlier termination date, may, at the option of reimburse Landlord, be deemed to have been abandonedas applicable, and in such case such items may be retained for any damage, expense or loss suffered by Landlord as its property in connection with Tenant’s removal of Tenant’s Property or disposed of by Landlordapproved Alterations, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03if applicable. If Tenant remains in possession fails to remove any of the Leased Tenant’s Property within thirty (30) days after the termination of this Lease without the execution or of a new leaseTenant’s right to possession, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeLandlord, at the option of LandlordTenant’s sole cost and expense, shall be deemed entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be occupying responsible for the Leased value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant’s Property. In addition, if Tenant fails to remove Tenant’s Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasestorage, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and within thirty (c30) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or leasedays after Notice, as the case Landlord may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of deem all or any part of the Leased Tenant’s Property or this Lease to be abandoned, and title to Tenant’s Property shall be valid unless deemed to be immediately vested in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a At least two (2) months prior to the surrender of the Leased Property Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or this required by any Governmental Authority) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released for unrestricted use and occupancy (the “Surrender Plan”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Party with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of the Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by Landlord’s environmental consultant with respect to the surrender of the Premises to third parties. If Tenant shall fail to prepare or submit a Surrender Plan approved by Landlord, or if Tenant shall fail to complete the approved Surrender Plan, or if such Surrender Plan, whether or not approved by Landlord, shall fail to adequately address any residual effect of Tenant HazMat Operations in, on or about the Premises, Landlord shall have the right to take such actions as Landlord may reasonably deem appropriate to assure that the Premises and the San Diego Facility are surrendered free from any residual impact from Tenant HazMat Operations, the cost of which actions shall be reimbursed by Tenant as Additional Rent, without regard to the limitation set forth in the preceding paragraph.

Surrender of Premises. 22.01. 22.1 Upon the expiration or sooner other termination of the term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord Demised Premises in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty casualty, the elements and any cause beyond Tenant's control excepted. Tenant , and shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items remove all its property therefrom, except as otherwise provided in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. 22.03. If 22.2 Tenant remains in acknowledges that possession of the Leased Property after Demised Premises must be surrendered to Landlord at the expiration or sooner termination of this Lease without the execution of a new lease, the term hereof. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender possession of the Demised Premises as aforesaid will be substantial, will exceed the amount of monthly annual Fixed Rent and Additional Rent additional rent theretofore payable hereunder hereunder, and will be impossible accurately to measure accuratelymeasure. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered therefore agrees that if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after Demised Premises is not surrendered to Landlord upon the expiration or sooner termination of the term of this Lease. 22.04. No agreement , then notwithstanding anything to accept a surrender the contrary contained in this Lease, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the expiration or sooner termination of the term hereof, for use and occupancy, the aggregate sum of (i) two times the amount of the installment of the annual Fixed Rent that was payable under this Lease for the last month of the term hereof, plus (ii) one-twelfth of all items of annual additional rent which would have been payable monthly pursuant to this Lease had its term not expired or any part been terminated, plus (iii) those items of the Leased Property additional rent (not annual additional rent) which would have been payable monthly pursuant to this Lease had its term not expired or been terminated, which aggregate sum Tenant agrees to pay to Landlord upon demand, in full without setoff, and no extension or renewal of this Lease shall be valid unless in writing deemed to have occurred by such holding over, nor shall Landlord be precluded by accepting such aggregate sum for use and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender occupancy from exercising all rights and remedies available to it to obtain possession of the Leased Property Demised Premises. Further, Tenant shall be liable to Landlord for all losses and damages which Landlord may reasonably incur or this Leasesustain by reason of such holding over, including, but not limited to, damages incurred or sustained by reason of Landlord's inability to timely place a new tenant in possession of the Demised Premises.

Surrender of Premises. 22.0128.01. Upon the expiration or sooner other termination of the term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same Demised Premises to Landlord Landlord, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other insured casualty excepted, and Tenant shall remove all of its property as herein provided. Without limiting the generality of the foregoing, Tenant shall remove, upon the expiration or earlier termination of this Lease, all cables, conduits, wires, rooftop equipment and all other such installations installed in the Demised Premises by Tenant. If Tenant shall fail to remove its property from the Demised Premises upon the expiration or earlier termination of this Lea se, such property shall be deemed abandoned by Tenant and Landlord shall have the right to remove such property and dispose of same in any manner that Landlord deems appropriate, in its sole and absolute discretion. Landlord shall have no liability to Tenant for such property or any damage thereto as a result of such removal, it being expressly understood and agreed that Landlord may do whatever it wishes with property left in the Demised Premises after the expiration or earlier termination of this Lease. Tenant shall pay be liable to Landlord for all damages, costs and expenses associated with the removal of any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expenseproperty from the Demised Premises. Tenant's obligation to reimburse Landlord for its costs so incurred The provisions of this Section 28.01 shall survive the expiration or earlier termination of this Lease. 22.0328.02. If Tenant remains in acknowledges that possession of the Leased Property after Demised Premises must be surrendered to Landlord at the expiration or earlier termination of the term of this Lease without the execution of a new lease, the Lease. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Demised Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly Fixed Rent rent and Additional Rent additional rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered therefore agrees that if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property Demised Premises is not surrendered to Landlord within 24 hours after the expiration or earlier termination of the term of this Lease, then, notwithstanding anything to the contrary contained in this Lease, and in addition to any other damages, costs and expenses caused by Tenant 's failure to timely surrender possession of the Demised Premises, including consequential damages, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the expiration or sooner termination of the term of this Lease. 22.04, rent at a rate equal to the greater of (a) three hundred percent (300%) of that portion of the Fixed Annual Rent and additional rent that was payable under this Lease for the last month of the term hereof or (b) two hundred percent (200%) of the then fair market rent for the Demised Premises. No agreement to accept a surrender Tenant hereby waives the provisions of all Section 22.01 of the New York Civil Practice Law and Rules or any part of the Leased Property other similar rule now existing or this Lease shall be valid unless hereafter enacted in writing and signed connection with any holdover proceedings instituted by Landlord. No delivery Tenant also hereby waives the provisions of keys New York Real Property Law Section 232(c) or any other similar rule now existing or hereafter enacted. Nothing herein contained shall operate as a be deemed to permit Tenant to retain possess ion of the Demised Premises after the expiration or sooner termination of the term of this Lea se. The provisions of this Sect ion 28.02 shall survive the expiration or earlier termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. (a) Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease, Tenant shall quit and surrender to Landlord the Premises and every part thereof (including Landlord’s Property) and all alterations, additions and improvements thereto, as approved by Landlord, broom clean and in good condition and state of repair, reasonable wear and tear only excepted. Moreover, Tenant shall remove all personal property, equipment, and all alterations, additions and improvements not accepted by Landlord, which it has placed upon the Premises, and Tenant shall repair any damage resulting therefrom. If Tenant fails to repair any damage to the Premises or fails to surrender the Premises broom clean and in good condition and state of repair (less reasonable wear and tear), then Landlord, in addition to any other remedy set forth in this Lease, may cause such damages to be repaired and the Premises to be so cleaned and, upon demand, Tenant immediately shall reimburse Landlord for all costs and expenses incurred by Landlord to remedy the same. 22.03. (b) If Tenant remains in possession after expiration or termination of the Leased Property after Lease Term with or without Landlord’s written consent, then Tenant shall become a tenant at sufferance, and there shall be no renewal of this Lease by operation of law. During the period of any such holding over, all provisions of this Lease shall be and remain in effect. The monthly rent for any holdover period shall be the Rent due for the prior 12 month period plus 50%, divided by 12 months; and, the monthly rent due during any holdover period shall be fully earned and due on the first day of each month encompassing the holdover period and shall not be prorated for any partial month of occupancy. (c) The terms of this Paragraph expressly shall survive the termination of this Lease without and the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month expiration of the Lease Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon On the expiration last day, or sooner earlier permitted termination of this Lease or upon re-entry by Landlord upon the Leased Propertylease term, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord leased premises in good order, and orderly condition and repair, ordinary repair (reasonable wear and tear tear, and damage by fire or other casualty excepted. Tenant ) and shall pay deliver and surrender the leased premises to the Landlord any insurance proceeds received peaceably, together with all alterations, additions and improvements in, to or on the leased premises made by Tenant attributable which Landlord elects to damage retain. The Landlord reserves the right, as hereinbefore set forth, to require the Leased Property Tenant at its cost and expense to remove any alterations or improvements installed by the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02Tenant which covenant shall survive the surrender and the delivery of the leased premises as provided hereunder. Any items which shall remain Landlord's exercise of the right granted in the Leased Property after preceding sentence shall be conditioned upon Landlord giving a proper notice of the Expiration Dateexercise of such right to Tenant at any time up to thirty (30) days following the expiration of the lease term or, or after an earlier in the event of termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed permitted under this lease, at any time up to 30 days following the notice of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensetermination. Tenant's obligation Prior to reimburse Landlord for its costs so incurred shall survive the expiration or termination of this Lease. 22.03. If Tenant remains in possession of the lease term the Tenant shall remove all of its personal property, including fixtures, equipment and trade fixtures from the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accuratelyPremises. Tenant, therefore, at the option of Landlord, All personal property not removed by Tenant shall be deemed abandoned by Tenant, and Landlord reserves the right to be occupying charge the reasonable cost of such removal to the Tenant, which obligation shall survive the lease termination and surrender hereinabove provided. If the Leased Property as a tenant from month Premises be not surrendered to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month end of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Furtherlease term, Tenant hereby indemnifies shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this LeasePremises. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon Any alterations, improvements or additions to the Leased Premises made by or at the request of Tenant shall remain upon the Leased Premises at the expiration or sooner earlier termination of this Lease and shall become the property of Landlord unless Landlord shall, prior to the expiration or upon re-entry earlier termination of this Lease, give written notice to Tenant to remove such alterations, improvements and additions. Tenant shall repair any damage caused by Landlord upon the installation and/or removal (including, without limitation, repairing and patching holes, replacing ceiling, floor and wall surfaces and repainting), and restore the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver Premises to substantially the same condition in which it existed prior to Landlord in good orderthe time that any such alterations, condition and repairimprovements or additions were made, ordinary reasonable wear and tear and damage by fire or other casualty excepted. Should Tenant fail to remove any such alterations, improvements or additions or to repair such damage wh6n required or requested by Landlord so to do pursuant to this Section 17, Landlord may do so, and the cost and expense thereof shall pay be paid by Tenant to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02as Additional Rent. Any items personal property which shall remain in the Leased Property Premises or any part thereof after the Expiration Date, expiration or after an earlier termination date, may, at the option of Landlord, this Lease shall be deemed to have been abandoned, abandoned and in such case such items either may be retained by Landlord as its Landlord's property or may be disposed of by Landlord, without accountability, in such manner as Landlord shall determine may see fit, provided that notwithstanding the foregoing Tenant shall, upon request of Landlord made no later then ten (10) days after the expiration or earlier termination of this Lease, promptly remove from the Building any such personal property at Tenant's own cost and expense. TenantShould Tenant fail so to do, Landlord may do so, and the cost and expense thereof shall be paid by Tenant to Landlord as Additional Rent. If such personal property or any part thereof shall be sold by Landlord, Landlord may receive and retain the proceeds of such sale(s) as Landlord's obligation to reimburse Landlord for its costs so incurred property. The covenants contained in this Section 17 shall survive the expiration or earlier termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.0135.1. Upon expiration of the Term or within a reasonable period of time after termination of this Lease, Tenant shall quit and surrender to Landlord the Premises and all Tenant's Improvements and Alterations in good condition and repair except for: (i) ordinary wear and tear occurring after the last necessary maintenance made by Tenant; (ii) damage to or destruction of the Premises covered by the Article titled "Destruction" or by the Article titled "Condemnation;" or (iii) Alterations that Tenant has the right to remove or is obligated to remove under the provisions of the Article titled "Alterations." Tenant shall remove all of debris, rubbish, and Tenant's personal property from the Premises. Upon such removal, Tenant shall repair any damage resulting from the removal of Tenant's Trade Fixtures and Tenant's Personal Property. Prior to surrendering the Premises to Landlord, Tenant shall restore the Premises to a condition substantially similar to the condition of the Premises at the Commencement Date. Failing such, Landlord may so repair the Premises and charge Tenant for the reasonable costs thereof incurred by Landlord, or withhold such costs from any balance of the Security Deposit that may at the time remain. Tenant shall surrender all keys to the Premises to Property Manager or to Landlord at the 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 combinations on locks, safes and vaults, if any, in the Premises or, on the Project. 35.2. Landlord can elect to retain or dispose of (in any manner) any of Tenant's Personal Property that Tenant does not remove from the Premises on expiration or sooner termination of the Lease by giving at least ten (10) days' notice to Tenant. Title to any items of Tenants' Personal Property that Landlord elects to retain or dispose of after 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 Tenant's Personal Property, Tenant shall be liable to Landlord for Landlord's reasonable costs for storing, removing, and disposing; of any of Tenant's Personal Property under this Section 35.2. Landlord may store Tenant's Personal Property in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any of Tenant's Personal Property after it has been stored for a period of thirty (30) days or more, Landlord may sell any or all of such Tenant's Personal Property at public or private sale, in such manner and at such times and places as Landlord, in its sole discretion, may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of such sale as follows: 35.2.1. First, to the costs and expenses of such sale, including Landlord's reasonable attorneys' fees; 35.2.2. Second, to the payment of the expense of or charges for removal and storing any such property; 35.2.3. Third, to the payment of any other sum of money which may then or thereafter be due to Landlord from Tenant under any of the terms of this Lease; and 35.2.4. Fourth, the balance, if any, to Tenant. 35.3. If Tenant fails to timely surrender the Premises to Landlord upon expiration or after termination of this Lease or upon re-entry as required by Landlord upon the Leased Propertythis Article, Tenant shall at hold Landlord harmless from all damages resulting therefrom, including, without limitation, claims made by a succeeding Tenant resulting from Tenant's expense quit and failure to surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire Premises. 35.4. The voluntary or other casualty excepted. Tenant surrender by tenant or a mutual cancellation of this Lease shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Datework a merger, or after an earlier termination date, mayand shall, at the option election of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for either terminate all or any part existing subleases or subtenancies or may operate as an assignment to it of any or all of such subleases or subtenancies. Landlord shall exercise its election within thirty (30) days of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in event so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leaserequiring. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Surrender of Premises. 22.01. Upon On the expiration last day, or sooner earlier permitted termination of this Lease or upon re-entry by Landlord upon the Leased Propertylease term, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord leased premises in good order, and orderly condition and repair, ordinary repair (reasonable wear and tear tear, and damage by fire or other casualty excepted) and shall deliver and surrender the leased premises to the Landlord peaceably, together with all alterations, additions and improvements in, to or on the leased premises made by Tenant as permitted under the lease. The Landlord reserves the right, however, to require the Tenant at its cost and expense to remove any alterations or improvements installed by the Tenant and not permitted or consented to by the Landlord pursuant to the terms and conditions of the lease, which covenant shall survive the surrender and the delivery of the leased premises as provided hereunder. Prior to the expiration of the lease term the Tenant shall pay to Landlord any insurance proceeds received remove all of its property, fixtures, equipment and trade fixtures from the leased premises. All property not removed by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, tenant shall be deemed abandoned by Tenant, and Landlord reserves the right to charge the reasonable cost of such removal to the Tenant, which obligation shall survive the lease termination and surrender hereinabove provided. If the leased premises be occupying not surrendered to the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month end of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Furtherlease term,, Tenant hereby indemnifies shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Propertyleased premises, including (a) including, without limitation any claims made by any purchaser or prospective purchaser, succeeding tenant founded on the delay. In addition thereto, Tenant shall pay to Landlord a sum equal to two times the then economic market rent and Additional Rent for each day of holdover, or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord then existing statutory penalty as may be required to make imposed in accordance with Statutory Law of the State of new Jersey, whichever is greater. The foregoing covenant shall not be deemed as a consent by Landlord to any purchaser such holdover nor shall it be construed to constitute consent to the creation of a tenancy or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor permitted use and occupancy by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.