Common use of Surrender Clause in Contracts

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Lease.

Surrender. Tenant shall, at Sublessee agrees that on the expiration last day of the Term Term, or on the sooner termination of Tenant’s right to possession of the Premisesthis Sublease, promptly vacate and Sublessee shall surrender the Premises to Sublessor (i) in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11received, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term , and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%ii) otherwise in accordance with Paragraph 32(h) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease Lease. Normal wear and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term tear shall not create include any tenancy rights in Tenant and any such payments damage or deterioration that would have been prevented by Tenant may be applied proper maintenance by Landlord against Sublessee, or Sublessee otherwise performing all of its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdoverobligations under this Sublease. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent On or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon before the expiration or sooner termination of this LeaseSublease, Tenant Sublessee shall, in accordance with this Section 18, and at Sublessee's sole cost and expense, remove, and repair any damage cause by such removal, (A) all of Sublessee's Property and Sublessee's signage from the Premises, the Building and the Project and (B) all tenant improvements and alterations required to be removed pursuant to Section 3(b) of this Sublease. Any of Sublessee's Property not so removed by Sublessee as required herein shall indemnifybe deemed abandoned and may be stored, defend removed, and hold harmless Landlord disposed of by Sublessor at Sublessee's expense, and Sublessee waives all claims against Sublessor for any damages resulting from all costs, loss, expense or liability incurred as a result Sublessor's retention and disposition of such holdoverproperty; provided, including without limitationhowever, claims made by any succeeding tenant that Sublessee shall remain liable to Sublessor for all costs incurred in storing and real estate brokers’ claims disposing of such abandoned property of Sublessee. All Approved Alterations and attorneys’ feesother alterations to the Premises except those which Sublessee is required to remove pursuant to Section 3(b) of this Sublease shall remain the property of Sublessor or Landlord. At If the Premises are not surrendered at the end of the Term or sooner termination of Tenant’s right to possession of the Premisesthis Sublease, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and accordance with the provisions of this SectionSection 18 and Paragraph 32(h) of the Lease, Sublessee shall survive indemnify, defend and hold Sublessor harmless from and against any and all loss or liability resulting from delay by Sublessee in so surrendering the expiration Premises including, without limitation, any loss or earlier termination liability resulting from a claim made against Sublessor made by any succeeding sublessee or prospective sublessee founded on or resulting from such delay and losses to Sublessor due to lost opportunities to sublease any portion of this Leasethe Premises to any such succeeding sublessee or prospective sublessee, together with, in each case, actual attorneys' fees and costs.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements and Tenant's improvements and/or alterations installed pursuant to Article 7.2, in a janitorial clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a xxxx of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the provisions costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this SectionLease, Tenant shall surrender to Landlord all keys to the Leased Premises and shall inform Landlord of the combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this article 15.2 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be conclusively deemed correct for purposes of determining Tenant's liability for repairs and restoration hereunder.

Surrender. Tenant shallProvided that Lessee does not exercise the purchase option as set forth in Paragraph 28 hereof, at upon the expiration of the Term Initial Term, or sooner termination of Tenant’s right any renewal term, or upon demand by Lessor made pursuant to possession Paragraph 22 of the Premiseslease, promptly vacate and surrender Lessee, at its expense, shall return all, but not less than all, of the Premises Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in substantially the same order and condition as when delivered to TenantLessee, reasonable wear and tear excepted, and in conformity a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the applicable provisions of this Lease including without limitation Sections 8 and 11described above covering surrender, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the upon expiration of the Term and if Tenant does not vacate as requiredInitial Term, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration term of the Term lease shall be automatically extended for a term of 3 months. Thereafter, the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) term of the sum lease will be extended for subsequent full month periods on a month to month basis, until Lessee has given at least 90 days written notice terminating the lease. Such termination will take effect upon completion of all Lessee's obligations under the lease (including payment of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leaselease).

Surrender. Tenant shallProvided that Lessee does not exercise the purchase option as set forth in Paragraph 28 hereof, at upon the expiration of the Term Initial Term, or sooner termination any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of Tenant’s right to possession this lease, Lessee, at its expense, shall return all, but not less than all, of the PremisesEquipment by delivering it to such place or on board such carrier, promptly vacate and surrender packed for shipping, as Lessor may specify. Lessee agrees that the Premises Equipment, when returned, shall be in substantially the same order and condition as when delivered to TenantLessee, reasonable wear and tear excepted, and in conformity a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the applicable provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease lease shall be automatically extended for a term of 3 months. Thereafter, the term of this lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this lease. Such termination will take effect upon completion of all Lessee's obligations under this lease (including without limitation Sections 8 and 11payment of all periodic rental payments due during such 90 day period, normal wear and tear and damage from casualty or condemnation exceptedas provided in Paragraph 9 of this lease). Tenant shall have no right to hold over beyond At any time alter the expiration of the Term and Initial Term, if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall this lease has been automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry extended as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of herein. Lessor reserves the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition lease by 30 days written notice to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this LeaseLessee.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term of this Lease, Tenant will surrender the Premises to Landlord in the same condition as when received (and as improved) on the Rent Commencement Date, subject to ordinary wear and tear and damage by casualty. Except for Alterations that Tenant agreed to remove at the end of this Lease according to Article 8 and Alterations that Landlord requires Tenant to remove by written notice given at the time Landlord provides its consent, all Alterations will become a part of the Premises and will become the property of Landlord at the end of the Term. In that event, Tenant will promptly remove prior to the end of the Term of this Lease the Improvements and Alterations designated by Landlord, and such Improvements and Alterations reasonably deemed by Tenant to be trade fixtures or sooner termination of proprietary to Tenant’s right to possession of the Premisesbusiness, Tenant shalland will promptly restore, at Landlord’s optionpatch, remove and repair any resulting damage, all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions, and items of personal property owned by Tenan,t or installed by Tenant at its expense in the Premises will be and remain the property of Tenant. Tenant will, at its sole expense, remove all such items and repair any damage to the Premises caused by such removal. If Tenant fails to remove any such items or repair such damage) and in such manner so as not to disturb other tenants in damage promptly before the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination end of this Lease, Tenant will be deemed to have abandoned it and the provisions Landlord may store it at Tenant’s expense or appropriate it for itself, or sell or dispense of this Sectionit in its discretion, shall survive the expiration or earlier termination of this Leasewith no liability to Tenant.

Surrender. Tenant shallExcept as otherwise provided in this Lease, at or before the expiration Expiration Date, or the date of the Term or sooner any earlier termination of Tenant’s right to possession of this Lease in accordance with the Premises, promptly terms hereof. (i) Tenant shall vacate and surrender the Premises broom clean and in good order and in the substantially the same order and condition as delivered to Tenantthat the Premises existed on the date hereof, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal except for ordinary wear and tear and damage from by casualty or condemnation excepted. Tenant shall have no right and such damage or destruction or other correction, prevention, abatement, replacement or repair as Landlord is required to hold over beyond the expiration of the Term and if Tenant does not vacate as requiredrepair, Tenant’s occupancy shall not be construed to effect restore or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated otherwise perform under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment ; (including telephone, security and communication equipment system wiring and cablingii) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s sole cost and expense, repair such damage) and in such manner so as not to disturb other tenants in remove from the Building. Premises all Tenant’s obligation Property (except such items thereof as Landlord shall have expressly permitted, in writing, to pay Rent and to perform all other Lease obligations for remain which property shall become the period up to and including property of Landlord upon the expiration Expiration Date, or the date of any earlier termination of this Lease in accordance with the terms hereof) and all Alterations (except as are permitted to remain pursuant to Paragraph 23(a) or as otherwise agreed in writing by Landlord); and (iii) Tenant shall, at Tenant’s sole cost and expense, repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from any installation and/or removal of Tenant’s Property and/or any Alterations. Except as otherwise provided in this Lease, and any other items of Tenant’s Property that shall remain in the provisions Premises after the Expiration Date, or following an earlier termination date in accordance with the terms of this SectionLease, 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 be disposed of by Landlord, in Landlord’s sole and absolute discretion, at Tenant’s expense. Tenant’s obligations under this Paragraph 30 shall survive the expiration or earlier termination date of this Lease.

Surrender. Tenant shall, at the expiration Upon termination of the Lease Term or sooner earlier termination of Tenant’s 's right of possession, all Tenant Made Alterations and Non-Structural Alterations and any improvements constructed by Landlord pursuant to the Construction Addendum, if any, attached hereto ("Initial Improvements") shall remain in the Premises as the property of Landlord. Tenant shall have the right to possession remove its Trade Fixtures subject to the repair obligations set forth herein. Alternatively, upon any such termination, but subject to other provisions hereunder specifying a shorter notice period following an Event of the PremisesDefault, promptly vacate and surrender the Premises in substantially the same order and condition as delivered Landlord may, by 90 days written notice to Tenant, require Tenant at Tenant's expense to remove any or all Trade Fixtures and/or any or all Tenant-Made Alterations and/or Non-Structural Alterations and/or the Initial Improvements, and to repair any damage caused by such removal in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11same condition as received, normal broom clean, ordinary wear and tear and damage from casualty or loss and condemnation covered by Paragraphs 15 and 16 excepted. Any Trade Fixtures, Tenant-Made Alterations, Non-Structural Alterations or Initial Improvements and property not so removed by Tenant as permitted or required -10- <PAGE> herein shall have no right to hold over beyond the expiration be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Lease Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance survive the termination of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdoverTerm, including without limitation, claims made by any succeeding tenant indemnity obligations, payment obligations with respect to Operating Expenses and real estate brokers’ claims obligations concerning the condition and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession repair of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Lease.

Surrender. Tenant shall, at Upon the expiration of the Term or sooner other termination of Tenant’s right to possession of the Premisesthis Lease, promptly vacate and Tenant shall surrender the Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) in substantially the same order and condition as delivered to Tenanttheir good condition, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal except for reasonable wear and tear and tear, damage from casualty or condemnation excepted. and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall have no right remove from the Premises any Alterations that Tenant is required by Landlord to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated remove under the provisions of this Lease and thereafter for each successive month all of Tenant’s Property and trade fixtures. If such removal is not completed at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner other termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of Landlord may 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -44- remove the tenancy operate as a waiver of Landlordsame at Tenant’s right to terminate this Lease for any Event of Defaultexpense. In addition Any damage to the foregoingPremises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of damage to ceilings and walls, but Tenant shall not be required to re-paint, touch-up paint, fill minor nail holes, etc.) or, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Leasedo so, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner may do so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in . The removal of Alterations from the BuildingPremises shall be governed by Paragraph 9 above. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of under this Lease, and the provisions of this Section, paragraph shall survive the expiration or earlier other termination of this Lease. Upon expiration or termination of this Lease or of Tenant’s possession, Tenant shall surrender all keys to the Premises or any other part of the Building and shall make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises.

Surrender. Tenant shall, at Upon the expiration of the Term or sooner other termination of Tenant’s right to possession of the Premisesthis Lease, promptly vacate and Tenant shall surrender the Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) in substantially the same order and condition as delivered to Tenanttheir good condition, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal except for reasonable wear and tear and tear, damage from casualty or condemnation excepted. and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall have no right remove from the Premises any Alterations that Tenant is required by Landlord to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated remove under the provisions of this Lease and thereafter for each successive month all of Tenant's Property and trade fixtures. If such removal is not completed at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner other termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of Landlord may 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -44- remove the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Defaultsame at Tenant's expense. In addition Any damage to the foregoingPremises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of damage to ceilings and walls, but Tenant shall not be required to re-paint, touch-up paint, fill minor nail holes, etc.) or, if Tenant fails to surrender do so, Landlord may do so at Tenant's expense. The removal of Alterations from the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made be governed by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the BuildingParagraph 9 above. Tenant’s obligation to pay Rent and to perform all other Lease 's obligations for the period up to and including the expiration or earlier termination of under this Lease, and the provisions of this Section, paragraph shall survive the expiration or earlier other termination of this Lease. Upon expiration or termination of this Lease or of Tenant's possession, Tenant shall surrender all keys to the Premises or any other part of the Building and shall make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises.

Surrender. Tenant shall, at Upon the expiration or other cancellation or termination of the Term or sooner termination of Tenant’s right (such date, as applicable, being hereinafter referred to as the “Surrender Date”), Tenant shall vacate and surrender possession of the PremisesPremises to Landlord in good order, promptly vacate repair and surrender condition, except for ordinary wear and tear and any other damage which Tenant is not obligated to repair in accordance with the provisions of this Lease. Upon the expiration or other termination of the Term, Tenant shall (a) remove all Alterations to the Premises in substantially which are required to be removed by Tenant upon the same order and condition as delivered expiration or earlier termination of the Term pursuant to Tenant, and in conformity with the provisions of Article 10 or any other applicable provisions of this Lease including without limitation Sections 8 Lease, and, in connection with the removal of such Alteration, restore the Premises to the condition existing prior to the installation of such Alterations (it being understood that such removal and 11restoration shall be performed subject to the provisions of Article 10 of this Lease), normal wear and tear (b) remove all of Tenant’s trade fixtures, office furniture, office equipment and damage other personal property from casualty or condemnation exceptedthe Premises. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During promptly repair any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord damage caused by Tenant shall automatically extendsuch removal or, at Landlord’s option, for pay Landlord within thirty (30) days after demand the first additional month at one hundred fifty percent (150%) reasonable cost of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create repairing any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right damage to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if caused by the removal of any damage is caused such items. Landlord shall furnish reasonable supporting documentation for such costs to Tenant promptly after Tenant’s request. Any of Tenant’s property remaining in the Premises will be conclusively deemed to have been abandoned by Tenant and may be appropriated, stored, sold, destroyed or Buildingotherwise disposed of by Landlord without further notice to or demand upon Tenant, and without liability or obligation to account to or compensate Tenant, and Tenant shall, at will pay Landlord within thirty (30) days after demand all costs incurred by Landlord relating to such abandoned property. Landlord shall furnish reasonable supporting documentation for such costs to Tenant promptly after Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leaserequest.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord broom clean and in good condition, except for reasonable wear and tear, damage from Casualty or a Taking not required to be repaired by Tenant, and Landlord’s repair and maintenance obligations; provided, however, that, except as otherwise notified by Landlord, Tenant shall, at its expense prior to the provisions expiration or earlier termination of this SectionLease, remove from the Premises (a) any Alterations, and (b) all of Tenant’s Personal Property, including all telephone cables and wires, data and telephone equipment, and any other form of Cabling serving the Premises, whether or not installed by Tenant. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant and, with respect to any Alterations, Tenant shall restore the affected portion of the Premises to its condition existing before the installation of such Alterations (or, at Landlord’s election, to a Building-standard tenant-improved condition as determined by Landlord). If Xxxxxx’s request for Xxxxxxxx’s approval of any proposed Alterations contains a request that Landlord identify the portion of such work that Landlord will require Tenant to remove as provided above, then Landlord will, at the time it approves the Alterations, identify such portion thereof, if any, that Landlord will require Tenant to so remove. If, however, at the time Landlord approves any Alterations, Landlord does not for any reason identify the portion thereof required to be removed, Landlord shall be deemed to have required that the Alterations, to the extent the same constitute Above-Standard Improvements, be removed prior to the expiration or termination of this Lease. Tenant shall not be obligated to remove any of the Suite Improvements at the expiration or sooner termination of the Lease. If Tenant fails to perform its obligations under this Section 24.1 on or before the expiration or earlier termination of this Lease, Landlord may do so at Tenant’s expense, in which event Tenant shall reimburse Landlord for such expense within thirty (30) days after written demand accompanied by reasonable supporting documentation, together with interest at the Default Rate from the date such expenses were incurred until so paid. Tenant’s obligations under this Section 24.1 shall survive the expiration or earlier termination of this Lease. Upon the expiration or earlier termination of this Lease and of Tenant’s right to possession, Tenant shall surrender all keys to the Premises or any other part of the Building, and shall make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises.

Surrender. Tenant shall, at agrees that on the expiration last day of the Term Term, or on the sooner termination of Tenant’s right to possession of the Premisesthis Lease, promptly vacate and Tenant shall surrender the Premises to Landlord (a) in substantially the same order good condition and condition as delivered to Tenantrepair (damage by acts of God, fire, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear excepted), but with all interior walls of the Building painted or cleaned so they appear painted, any carpets within the Building cleaned, and damage from casualty with all floors of the Building cleaned and waxed, together with all alterations, additions and improvements which may have been made in or condemnation exceptedon the Premises; except that Tenant at its expense shall remove (i) trade fixtures put in at the expense of Tenant, and (ii) except as otherwise provided in Paragraph 11(c), any alterations, additions, or improvements as to which Landlord has, prior to the date of surrender, consented to or requested to be removed; and (b) otherwise in accordance with Paragraph 32(f). Tenant shall have no right to hold over beyond the expiration of the Term repair all damage caused by such removal and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender otherwise restore the Premises upon in accordance with the preceding sentence at Tenant's sole cost and expense. On or before the expiration or sooner termination of this Lease, Tenant shall indemnifyremove all of Tenant's personal property from the Premises. All property of Tenant not so removed, defend unless such non-removal is consented to by Landlord, shall be deemed abandoned by Tenant, provided that in such event Tenant shall remain liable to -------- ---- Landlord for all costs incurred in storing and hold harmless Landlord from all costs, loss, expense or liability incurred as a result disposing of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ feesabandoned property of Tenant. At If the Premises are not surrendered at the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and in accordance with the provisions of this SectionParagraph 10 and of Paragraph 32(f), shall survive Tenant hereby indemnifies Landlord against loss or liability resulting from delay by Tenant in so surrendering the expiration or earlier termination of this LeasePremises including, without limitation, any claims made by any succeeding tenant founded on such delay.

Surrender. Tenant shall, at Section 20.01 On the expiration of the Term Expiration Date or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Lease or upon any reentry by Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of upon the Premises, Tenant shall, at Landlord’s optionits sole cost and expense, remove all furniturequit, movable trade fixtures surrender, vacate and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage deliver the Premises to Landlord "broom clean" and in good order, condition and repair except for ordinary wear, tear and damage by fire or Building other insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant's Property (excluding any of Tenants Property which is affixed or if any attached to the Premises) and all other personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all damage is caused to the Premises and the Real Property occasioned by such removal. Any Tenant's Property or Building, Tenant shall, at Tenant’s expense, repair such damage) other personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such manner so as not Landlord may see fit. If such Tenant's Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant's Property or other personal property shall be reimbursed to disturb other tenants in Landlord by Tenant as Additional Rent on demand. Section 20.02 If the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for Expiration Date or the period up to and including the expiration or earlier date of sooner termination of this LeaseLease shall fall on a day which is not a business day, then Tenant's obligations under Section 20.01 shall be performed on or prior to the immediately preceding business day. Section 20.03 Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this SectionArticle. Section 20.04 The parties recognize that the damage to Landlord resulting from any failure of Tenant to timely surrender possession of the Premises will be substantial and will be impossible to accurately measure. Tenant agrees that if possession of the Premises is not delivered to Landlord on the Expiration Date (or any sooner termination date), Tenant, at the option of the Landlord, shall pay to Landlord, as liquidated damages and not as a penalty and in lieu of consequential damages, a monthly rental equal to the greater of (a) three (3) times the Fixed Rent and Additional Rent payable during the last month of the Term or (b) the then current Fair Market Value Rent for the Premises, and Tenant shall continue to occupy the Premises subject to all of the other terms and conditions of this Lease insofar as the same are applicable to a month-to-month tenancy. Section 20.05 Tenant's obligations under this Article shall survive the expiration or earlier termination of this Lease.

Surrender. Tenant shall24.1 Except as otherwise provided in this Lease, Tenant, on the last day of the Term, shall deliver all keys to Landlord and surrender and deliver up the Premises and all Improvements to the possession and use of Landlord without fraud or delay, free and clear of all lettings and occupancies other than subleases then terminable at the expiration option of the Term Landlord or sooner termination subleases to which Landlord shall have specifically consented, and free and clear of Tenant’s right to possession all liens and encumbrances other than those, if any, presently existing or created or suffered by Landlord, without any payment or allowance whatever by Landlord on account of any Improvements on the Premises. 24.2 When furnished by or at the expense of Tenant or any subtenant, promptly vacate furniture, fixtures, and surrender equipment may be removed by Tenant at or before this Lease terminates, provided, however, that the removal will not injure the Premises or the Improvements or necessitate changes in substantially or repairs to the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation exceptedsame. Tenant shall pay or cause to be paid to Landlord the cost of repairing any damage arising from such removal and restoration of the Premises and/or the Improvements to their condition before such removal. Landlord shall also have no the right to hold over beyond require Tenant to demolish and remove any buildings, alterations or improvements constructed on the expiration Premises by Tenant, in which case Tenant will promptly do so, fill any excavation, and restore all damage caused by such removal 24.3 Any personal property of Tenant or any subtenant that shall remain on the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond Premises after the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions termination of this Lease and thereafter for each successive month the removal of Tenant or such subtenant from the Premises may, at the rate option of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments Landlord, be deemed to have been abandoned by Tenant or such subtenant and may either be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred retained by Landlord as a result its property or be disposed of, without accountability, in such manner as Landlord may see fit, or if Landlord gives written notice to Tenant to such effect, such property shall be removed by Tenant at Tenant’s sole cost and expense. If this Lease terminates early for any reason other than the default of such holdover. Tenant then, 24.4 Landlord shall not be responsible for any loss or damage occurring to any property owned by Tenant or any subtenant. 24.5 The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, section shall survive the expiration or earlier any termination of this Lease.

Surrender. Tenant shall, at Section 23.01. On the expiration of the Term last day or sooner termination of Tenant’s right to possession of the PremisesLease, promptly vacate Tenant shall quit and surrender the Premises broom-clean, in substantially good condition and repair, exclusive of all alterations, additions and improvements which may have been made in, on, or to the same order Premises (including, but not limited to, replacement of any walls which were removed and condition as delivered to Tenantremoval of any partitions or walls installed), and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, movable furniture or unattached movable trade fixtures normal wear and tear and damage from casualty or condemnation excepted. If the Premises are not surrendered as and when aforesaid, Tenant shall have no right to hold over beyond indemnify Landlord against loss or liability resulting from the expiration of delay by Tenant in so surrendering the Term and Premises including, without limitation, any claims made by any succeeding occupant founded on such delay if Tenant does not vacate as required, is notified in writing that such delay will give rise to liability. Tenant’s occupancy 's obligations under this section shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following survive the expiration or sooner termination of the Term shall not create any tenancy rights Term. In the event Tenant remains in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance possession of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon after the expiration or sooner termination of this Leasethe Term created hereunder, Tenant and without the execution of a new lease, Tenant, shall indemnify, defend be deemed to be holding over and hold harmless Landlord from all costs, loss, expense or liability incurred as a result the rate of such holdover, including without limitation, claims made by any succeeding tenant use and real estate brokers’ claims and attorneys’ fees. At occupation shall be equal to two (2x) times the end monthly payment of Annual Basic Rent payable for the last month of the Term or sooner termination any renewal thereof plus the additional rent as calculated on a month by month basis. Section 23.02. Any property left at the Premises by the Tenant at the expiration of Tenant’s right to possession of the Term or, when Tenant abandons the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) shall be deemed abandoned. Landlord may sell or dispose of said property in a good and workmanlike any manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at it deems appropriate. Any costs of disposal incurred by Landlord shall be paid by Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s This obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier shall survive termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Lease.

Surrender. Tenant shall, at the expiration A. At least ten (10) days prior to Txxxxx's surrender of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession anypart of the Premises, Tenant shallshall provide Landlord with (a) a facility decommissioning and Hazardous Materials closure plan for the Premises ("Exit Survey") prepared by an independent third party reasonably acceptable to Landlord, at Landlord’s option(b) written evidence of all appropriate governmental releases obtained by Tenant in accordance with Applicable Laws, remove all furnitureincluding laws pertaining to the surrender of the Premises, movable trade fixtures and equipment (c) proof that the Premises have been decommissioned in accordance with American National Standards Institute ("ANSI" Publication Z9.11- 2008 (entitled "Laboratory Decommissioning") or any successor standard published by ANSI or any successor organization (or, if ANSI and it successors no longer exit, a similar entity publishing similar standards). In addition, Txxxxx agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions (including telephonewithout limitation, security and communication equipment system wiring and cablingHazardous Materials) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants set forth in the BuildingExit Survey. Tenant’s obligation to pay Rent and to perform all other Lease 's obligations for the period up to and including the expiration or earlier termination of under this Lease, and the provisions of this Section, Section shall survive the expiration or earlier termination of this the Lease. B. No surrender of possession of any part of the Premises shall release Tenant from any of its obligations hereunder, unless such surrender is accepted in writing byLandlord. C. The voluntary or other surrender of this Lease by Tenant shall not effect a merger with Landlord's fee title or leasehold interest in the Premises or the Property, unless Landlord consents in writing, which shall not be unreasonably withheld, delayed, denied, or conditioned, and shall, at Landlord's option, operate as an assignment to Landlord of any or all subleases. The voluntary or other surrender of any ground or other underlying lease that now exists or may hereafter be executed affecting the Complex, or a mutual cancellation thereof or of Landlord's interest therein by Landlord and its lessor shall not effect a merger with Landlord's fee title or leasehold interest in the Premises or the Property.

Surrender. Tenant shall, at At the expiration termination of the Term or sooner termination of Tenant’s right Lease Term, Tenant shall peaceably to possession of the Premises, promptly vacate and surrender the Premises clean and in substantially the same order good order, repair and condition as delivered to Tenantcondition, and in conformity conformance with the applicable provisions of this Lease including without limitation Sections 8 and 11all Legal Requirements, normal reasonable wear and tear and damage from by ire or casualty or condemnation excepted. Tenant shall have no right taking excepted and to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed deliver to Landlord all keys to the Premises or any xxx thereof. Any alteration, addition or improvement in, on, or to the Premises made or installed by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) become a part of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease realty and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by belong to Landlord or the failure or delay of Landlord in notifying or evicting without compensation to Tenant following upon the expiration or sooner termination of the Term Lease Term, at which time title shall not create any tenancy rights in pass to Landlord under this Lease as if by a xxxx of sale, unless Landlord elects otherwise and notifies Tenant and to remove any such payments by tenant improvements at any time prior to the expiration of the Lease Term. If Landlord elects for Tenant may to remove any or all of such tenant improvements, Landlord shall notify Tenant in writing no later than thirty (30) days prior to the expiration of the Lease Term as to which tenant improvements are to be applied by removed prior to the expiration of the Lease. If Landlord against its costs fails to so notify Tenant, Tenant shall have no obligation to remove such tenant improvements and expenses, including reasonable attorneys’ fees, incurred by Landlord restore the Premises as a result of such holdoverremoval. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to Notwithstanding the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend any and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephonebut not limited to manufacturing and processing equipment), security trade fixtures, furniture, data lines, inventory and communication business equipment system wiring and cabling(“Personal Property”) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at shall remain Tenant’s expense, repair such damage) property and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including shall be removed by Tenant at the expiration or earlier termination of this Lease. Upon demand by Landlord, Tenant shall remove, at Tenant’s sole cost and the provisions of this Sectionexpense, shall survive forthwith and with all due diligence (but in any event prior to the expiration or earlier termination of this Leasethe Lease Term), any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises or the Building Complex caused by such removal. In the event Tenant fails so to remove any Personal Property or any such alterations, additions and improvements or fails to repair any such damage to the Premises or the Building Complex caused thereby, Landlord may do so and collect from Tenant the cost of such removal and repair in accordance with Section 7.8 hereof.

Surrender. Tenant shall, at 24.01 On the expiration last day of the Term Term, or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During upon any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises to the Landlord broom clean, in good order, condition and repair except for ordinary wear and tear and damage by fire or other insured casualty, restored as provided in Section 12.01. 24.02 Prior to such surrender, Tenant shall (a) remove Tenant's Property subject to the provisions of Article 13 hereof, (b) at Landlord's request remove from the Demised Premises all improvements, alterations, additions, fixtures and equipment (sometimes herein called "additional work") other than Tenant's Work attached hereto as Exhibit C whether such additional work was performed by Tenant or by Landlord on Tenant's behalf, and whether such additional work consisted of extra or special work or additional items or quantities of Building standard work, and (c) at Landlord's request, repair any damage and make any replacements to the Building or the Demised Premises resulting from or necessitated by such removal, and restore those parts of the Demised Premises from which the removal referred to in subparagraphs (a) and (b) above occurred, to a condition which will blend with and be comparable to adjacent areas. Tenant's removal and repair obligations hereunder with respect to the Demised Premises shall extend to the core area or any other part of the Building where any additional work was performed by or on behalf of Tenant. If Tenant shall fail to perform as provided in this SectionSection 24.02, Landlord shall survive have the expiration right to do so at Tenant's cost and expense, without further notice or earlier termination demand upon Tenant, and Tenant shall indemnify Landlord against all loss or liability resulting therefrom, including, without limitation, any delay in granting occupancy of this Leasethe Demised Premises to a future occupant.

Surrender. Except (i) as required under Section 23 of the Original Lease (regarding removal of Lines) and except as required under Section 25.5 of the Original Lease and Section 5.3 above (regarding Units and Package Units), (ii) for Tenant’s obligation to remove Tenant’s Full Floor Signage under Section 9 above and (iii) that notwithstanding Section 5 of Exhibit F to the Original Lease and Section 1.1 of the First Amendment, Tenant shallmust remove, at Tenant’s sole cost, all of the Landlord’s Furniture (as defined in Section 5 of Exhibit F to the Original Lease as modified by Section 1.1 of the First Amendment), upon the expiration or earlier termination of the Term or sooner termination of Tenant’s right to Lease, as amended hereby, Tenant shall surrender possession of the PremisesPremises to Landlord in as good condition and repair as exists as of the date of this Fifth Amendment, promptly vacate except for reasonable wear and surrender tear, casualty, condemnation and repairs that are Landlord’s express responsibility hereunder. Notwithstanding the foregoing, in the event Alterations have been installed by Tenant in the Premises in substantially as of the same order and condition as delivered to Tenant, and in conformity with the applicable provisions date of this Lease including without limitation Sections 8 and 11Fifth Amendment which were not approved by Landlord, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond remove such non-approved Alterations upon the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions earlier termination of this Lease and thereafter for each successive month at repair any damage associated with such removal. From and after the rate date of two hundred percent this Fifth Amendment, Landlord shall, concurrently with Landlord’s approval of any further tenant improvement or alteration work (200%) including, without limitation, any Tenant Improvement Work to be installed by Tenant in accordance with the Work Letter attached hereto as Exhibit A), inform Tenant in writing of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following any items that will be required to be removed upon the expiration or sooner earlier termination of the Term shall not create any tenancy rights in Lease, as amended hereby, and Landlord’s failure to do so inform Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result concurrently with Landlord’s approval of such holdover. The provisions of this Section alterations shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as be deemed to be a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition cause such Alterations to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, be removed at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this the Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leaseas amended.

Surrender. Tenant shallProvided that Lessee does not exercise the purchase option as set forth in Paragraph 28 hereof, at upon the expiration of the Term Initial Term, or sooner termination of Tenant’s right any renewal term, or upon demand by Lessor made pursuant to possession Paragraph 22 of the Premiseslease, promptly vacate and surrender Lessee, at its expense, shall return all, but not less than all, of the Premises Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in substantially the same order and condition as when delivered to TenantLessee, reasonable wear and tear excepted, and in conformity a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the applicable provisions of this Lease including without limitation Sections 8 and 11described above covering surrender, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the upon expiration of the Term and if Tenant does not vacate as requiredInitial Term, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration term of the Term lease shall be automatically extended for a term of 3 months. Thereafter, the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) term of the sum lease will be extended for subsequent full month periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating the lease. Such termination will take effect upon completion of all Lessee's obligations under the lease (including payment of all periodic rental payments due during such 90 day period as provided in Paragraph 9 of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leaselease).

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the Upon expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner earlier termination of this Lease, Tenant shall indemnifysurrender to Port the Premises in good order, defend condition, and hold harmless Landlord repair (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 17 and 18 hereof). Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. The Premises shall be surrendered clean, free of debris, waste, and Hazardous Materials, and free and clear of all liens and encumbrances other than liens and encumbrances existing as of the date of this Lease and any other encumbrances created by Port. On or before the expiration or earlier termination of this Lease, Tenant at its sole cost shall remove from all coststhe Premises, lossand repair any damage caused by removal of, expense or liability incurred as a result of such holdoverTenant's Property, including without limitationany signage and Alterations and Improvements specified in Port's Notice of Removal. Except for those designated in Port's Notice of Removal, claims made by any succeeding tenant Alterations and real estate brokers’ claims and attorneys’ feesImprovements shall remain in the Premises as Port property. At If the Premises is not surrendered at the end of the Term or sooner termination of Tenant’s right this Lease, and in accordance with the provisions of this Section 25 and Section 13.5, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 26.2 or 26.3 below as applicable) until the Premises is surrendered in accordance with these Sections, and Tenant shall Indemnify Port from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any costs of Port to obtain possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures ; any loss or liability resulting from any Claim against Port made by any succeeding tenant or prospective tenant founded on or resulting from such delay and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not losses to damage Port due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or Building (prospective tenant, together with, in each instance, reasonable attorneys' fees and costs. No act or if any damage is caused conduct of Port, including, but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises or Building, by Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including before the expiration or earlier of the Term. Only a written notice from Port to Tenant confirming termination of this Lease, Lease and surrender of the provisions Premises by Tenant shall constitute acceptance of this Section, shall survive the expiration or earlier surrender of the Premises and accomplish a termination of this Lease.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following 19.1 At the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnifysurrender the Premises to Landlord in as good order and condition as they were at the commencement of the Term or may be put in thereafter in accordance with this Lease, defend reasonable wear and hold harmless tear and (other than for any Restoration required by the terms of this Lease) damage to the Premises by any Major Condemnation of the Premises excepted. All alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord from all costs, loss, expense or liability incurred and shall remain upon and be surrendered with the Premises as a result part thereof at the termination or other expiration of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ feesthe Term. At the expiration or termination of the Term, Tenant shall remove its trade fixtures, as well as its Signs and identification marks, from the Premises. Tenant agrees to repair any and all damage caused by such removal. Trade fixtures and personal property not so removed at the end of the Term or sooner within thirty (30) days after the earlier termination of Tenant’s right the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to possession be removed from the Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the PremisesPremises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. The provisions of this Section 19.1 shall survive the termination or expiration of this Lease for a period of twenty-four (24) months. 19.2 Upon termination of this Lease for any reason, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not will return to damage Landlord the Premises or Building licensed by the State of Texas and by any and all governmental agencies having jurisdiction over the Premises as a skilled nursing facility with at least the Minimum Licensed Beds (or if subject to any damage is caused reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damagephysical attributes of the improvements on the Premises) with an unrestricted license in full force and in such manner so as not good standing for no less than the Minimum Licensed Beds (subject to disturb other tenants any reduction in the Building. Tenant’s obligation number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to pay Rent and to perform all other Lease obligations for the period up to and including physical attributes of the improvements on the Premises). 19.3 Upon the expiration or earlier termination of this Lease, and Tenant shall enter into a mutually agreeable operating transition agreement (the provisions “OTA”) with Landlord in order to provide for the orderly transition of this Section, shall survive the expiration or earlier operation of the facility following the termination of this Lease. The OTA shall provide for a procedure for the assignment and assumption of all resident agreements, operating agreements and other agreements that Landlord elects to have assigned from Tenant. In addition, the OTA shall address the transition of licensing requirements for the Facility under all applicable Legal Requirements.

Surrender. (a) On the Expiration Date or upon the sooner termination of this Lease or upon any re-entry by Landlord, Tenant shall, at its expense, quit, surrender, vacate and deliver the expiration of Premises to Landlord "broom clean" and in good order, condition and repair, ordinary wear, tear and damage by fire or other insured casualty excepted, together with all Tenant Improvements and Alterations (except as otherwise provided for in this Lease). Tenant shall, at its expense, except to the Term or sooner termination extent Landlord shall notify Tenant in writing not later than thirty (30) days prior to the Expiration Date, remove from the Building all of Tenant’s right to possession of the Premises, promptly vacate 's Property and surrender restore the Premises to their condition prior to the making of such improvements. Any Tenant's Property or other personal property which shall remain in substantially the same order and condition as delivered to Tenant, and in conformity with Premises (A) after the applicable provisions Expiration Date or (b) for thirty (30) days after the termination of this Lease including without limitation Sections 8 shall be deemed to have been abandoned and 11either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, normal wear Landlord may receive and tear retain the proceeds of such sale and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond apply the expiration same, at its option, against the expenses of the Term sale, moving and if Tenant does not vacate as requiredstorage, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount arrears of rent owed and any damages to which Landlord may be entitled. Any excess proceeds shall be the property of Landlord. Any expense incurred by Landlord in removing or disposing of any item that Tenant is required to remove and/or dispose of pursuant to this Section 21.01, shall be reimbursed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the RentAdditional Charges on demand. The acceptance obligations of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following under this Section 21.01(a) shall survive the expiration or sooner termination of the Term shall not create Lease. (b) Tenant expressly waives, for itself and for any tenancy person claiming through or under Tenant, any rights in which Tenant or such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and any such payments by Tenant similar successor law of same import then in force in connection with any holdover proceedings which Landlord may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right institute to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and enforce the provisions of this Section, shall survive the expiration or earlier termination of this LeaseArticle.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right covenants and agrees to surrender possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions upon termination of this Lease including without limitation Sections 8 and 11(whether by termination, normal expiration or otherwise) in as good condition as on the Commencement Date (or in the case of improvements or alterations made or fixtures installed subsequent thereto, then as of the date such improvements, alterations, or fixtures were made or installed), reasonable wear and tear tear, and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond as described in Article 11 which results in the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions termination of this Lease and thereafter for each successive month at repairs which are the rate of two hundred percent (200%) responsibility of the sum of Authority, excepted. No act or thing done by the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of Authority during the Term shall be deemed an acceptance of a surrender of the Premises and no agreement to accept such surrender shall be valid, unless in writing signed by the Authority. The delivery of keys to any employee of the Authority or of the Authority’s agents shall not create operate as a termination of this Lease or a surrender of the Premises. If upon such termination Tenant fails to remove any tenancy rights personal property or trade fixtures (which Tenant is allowed under the terms hereof to remove) on or before the Expiration Date, the Authority may, but without the obligation to do so, remove said personal property or trade fixtures and hold it for the owners thereof or may place the same in a public warehouse, all at the expense and risk of the owners thereof. Tenant shall reimburse the Authority for any reasonable expense incurred by the Authority in connection with such removal and storage. Tenant shall indemnify, release and hold harmless the Authority from any such payments by Tenant may be applied by Landlord against its and all damage, costs and expensesexpenses related to said removal or storage. In addition, including reasonable attorneys’ feesthe Authority shall have the right, incurred by Landlord as a result but not the obligation, to dispose of such holdover. The provisions property as waste or sell such stored property and the proceeds of this Section such sale shall not constitute a waiver by Landlord be applied, first, to the cost of any right the sale, second, to the payment of re-entry as set forth in this Leasecharges for storage and removal, nor shall receipt third, to the payment of any Rent, Additional Rent or any other act in apparent affirmance of obligation which may then be due from Tenant to the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of DefaultAuthority and the balance, if any, shall be retained by the Authority. In addition to the foregoingevent the expenses of such removal, if Tenant fails to surrender storage, disposal and sale shall exceed the Premises upon the expiration or sooner termination proceeds of this Leasesale, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of pay such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused excess to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this LeaseAuthority upon demand.

Surrender. Tenant The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the expiration option of the Term or sooner termination of Tenant’s right Landlord, operate as an assignment to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Defaultall subleases or subtenancies. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including Upon the expiration or earlier termination of this Lease, Tenant agrees to peaceably surrender the Premises to Landlord broom clean and in good order, repair and condition, ordinary wear and tear and casualty damage (if this Lease is terminated as a result thereof pursuant to Paragraph 20) excepted, with all of Tenant's personal property and Alterations (as defined in Paragraph 13) removed from the provisions of this SectionPremises to the extent required under Paragraph 13 and all damage caused by such removal repaired as required by Paragraph 13. In addition, shall survive unless otherwise agreed to in writing by Landlord, upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, (i) remove all computer and telephone wiring and cabling installed in the Premises by or for Tenant and (ii) repair any damage caused by such removal. If any such wiring and/or cabling is not so removed pursuant to this Subparagraph 11(a), then at Landlord's option, either such wiring and/or cabling shall become the property of Landlord (without payment by Landlord) or Landlord may remove such wiring and/or cabling at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable law). Prior to the date Tenant is to actually surrender the Premises to Landlord, Tenant agrees to give Landlord reasonable prior notice of the exact date Tenant will surrender the Premises so that Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify the Alterations and personal property which are to remain upon the Premises and which items Tenant is to remove, as well as any repairs Tenant is to make upon surrender of the Premises. The delivery of keys to any employee of Landlord or to Landlord's agent or any employee thereof alone will not be sufficient to constitute a termination of this Lease or a surrender of the Premises.

Surrender. Tenant shall, at 12.01 Possession Upon the expiration or other termination of the Term or sooner termination of Tenant’s right to Term, Tenant shall immediately quit and surrender possession of the Premises (including all improvements made to the Premises, promptly vacate and surrender the Premises ) in substantially the same order and condition as delivered in which Tenant is required to Tenantmaintain the Premises, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal excepting only reasonable wear and tear and damage from casualty or condemnation exceptedcovered by Landlord's insurance under Article 9. 01. Upon such surrender, all right, title and interest of Tenant in the Premises including the improvements made to the Premises shall have no right cease. 12.02 Trade Fixtures, Personal Property and Improvements Subject to hold over beyond the expiration of the Term and if Tenant does not vacate as requiredTenant's rights under Article 7.05, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following after the expiration or sooner other termination of the Term all of Tenant's trade fixtures and personal property remaining in the Premises shall not create any tenancy rights be deemed conclusively to have been abandoned by Tenant. All of Tenant's trade fixtures, personal property and improvements remaining in Tenant and any such payments by Tenant the Premises may be applied appropriated, sold, destroyed or otherwise disposed of by Landlord against its without notice or obligation to compensate Tenant or to account therefore, and Tenant shall pay to Landlord on written demand all costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdoverin connection therewith. The provisions obligations of Tenant under this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, Article 12.02 shall survive the expiration or earlier other termination of the Term. 12.03 Merger The voluntary or other surrender of this Lease by Tenant or the cancellation or termination of this LeaseLease by mutual agreement of Tenant and Landlord or otherwise shall not work a merger, and shall at Landlord's option terminate all or any subleases and subtenancies or operate as an assignment to Landlord of all or any subleases or subtenancies.

Surrender. Tenant shall, at the expiration 5.1. As of the Term Occupancy Expiration Date (or the sooner termination of Tenant’s right to possession the Lease), Tenant shall vacate the Occupancy Area in the condition required by Section 18 of the PremisesInitial Lease. Without limitation of the foregoing, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right remove the Tenant Property on or prior to hold over beyond the expiration of Occupancy Expiration Date. In the Term and if event that Tenant does not vacate as required, Tenant’s occupancy shall not be construed the Occupancy Area on or prior to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent Occupancy Expiration Date (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term Lease), Landlord shall have all of the rights and remedies contemplated by the Initial Lease with respect to the original Leased Premises as to the Occupancy Area, including, but not create any tenancy rights in Tenant limited to, the right to collect hold over rent, and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section failure shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent Default Event. 5.2. From and after the Occupancy Expiration Date (or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this the Lease), Tenant the Surrendered Termination Areas shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred again constitute Relinquished Areas as a result of such holdover, including without limitation, claims made contemplated by any succeeding tenant and real estate brokers’ claims and attorneys’ feesthe Third Amendment. 5.3. At the end As of the Occupancy Expiration Date, the Lease (as amended hereby) shall terminate as to the Vacated Space and neither Tenant nor Landlord shall have any further liability or obligation with respect to the Lease (as amended hereby) as to the Vacated Space except for those liabilities and obligations of Tenant and Landlord relative to the Occupancy Term or sooner that expressly survive a termination of Tenant’s right the Lease as to possession the Vacated Space (which shall constitute Surviving Liabilities of Tenant and Surviving Liabilities of Landlord, respectively) and Surviving Liabilities of Tenant and Surviving Liabilities of Landlord for the applicable portion of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations Vacated Space for the period up prior to and including the expiration or earlier termination deletion of this Lease, and such space from the provisions of this Section, shall survive Lease pursuant to the expiration or earlier termination of this LeaseThird Amendment.

Surrender. Tenant shall, at the 21.1 Upon expiration or earlier termination of the Term Term, or sooner termination at any other time at which the Landlord, by virtue of Tenant’s any provision of this Agreement has the right to re-enter and re-take possession of the Leased Premises, promptly vacate and the Tenant shall surrender possession of the Leased Premises; remove from the Leased Premises all property owned by the Tenant or anyone else other than the Landlord; remove from the Leased Premises any alterations, improvements or other modifications to the Leased Premises that the Landlord may request by notice; provided, however, that Landlord may not require that Tenant remove any alterations, improvements or other modifications to the Leased Premises unless the requirement that the same be removed was contained in Landlord's notice to Tenant pursuant to subsection 12.2.2 of this Agreement as an express condition; make any repairs required by such removal; clean the Leased Premises; leave the Leased Premises in substantially the same as good order and condition as delivered to Tenant, and in conformity with it was upon the applicable provisions completion of any improvements contemplated by section 5 of this Lease including without limitation Sections 8 and 11Agreement, normal ordinary wear and tear use, damage by fire or other casualty and damage from casualty or condemnation Landlord's obligations excepted. Tenant shall have no right ; return all copies of all keys and passes to hold over beyond the expiration of Leased Premises, the Term Common Facilities and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed the Building to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent . 21.2 Within five (150%5) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following business days after the expiration or sooner termination of the Term shall not create Term, Landlord may elect ("Election Right") by written notice to Tenant to: 21.2.1 Retain any tenancy rights in Tenant or all wiring, cables and any such payments similar installations appurtenant thereto installed by Tenant may be applied by in the risers, ceilings, plenums and electrical closets of the Building ("Wiring"); 21.2.2 Remove any or all such Wiring and restore the Premises and the Building to the condition existing prior to the installation of the Wiring ("Wire Restoration Work"). Landlord against its costs shall perform such Wire Restoration Work at Tenant's sole cost and expensesexpense based upon reasonable, including reasonable attorneys’ feesdocumented third-party charges therefor; or 21.2.3 Require Tenant to perform the Wire Restoration Work at Tenant's sole cost and expense. In such event, incurred by Tenant shall submit the contract for the Wire Restoration Work to Landlord as a result of such holdover. for Landlord's prior approval. 21.3 The provisions of this Section Clause shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon survive the expiration or sooner termination of the Lease. 21.4 In the event Landlord elects to retain the Wiring pursuant to subsection 21.2.1 of this LeaseAgreement, Tenant covenants that Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result be the sole owner of such holdoverWiring, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s that Tenant shall have good right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair surrender such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this LeaseWiring, and the provisions that such Wiring shall be free of this Section, shall survive the expiration or earlier termination of this Leaseall liens and encumbrances.

Surrender. Tenant shall, at the expiration (a) Effective as of the Term date hereof (the "Surrender Date"), Tenant shall vacate, quit and surrender possession of the Premises to Landlord, and to the intent and purpose that the remainder of the term of the Lease be wholly merged and extinguished effective as of the Surrender Date, Tenant hereby gives, grants and surrenders to Landlord all of Tenant's right, title and interest in, to and under the Lease. As of the Surrender Date, the Lease and the term thereof and all rights of Tenant thereunder shall expire and terminate with the same effect as if the Surrender Date was the Expiration Date as set forth in the Lease. The Tenth Floor Space shall be surrendered in “as is” condition, except for the requirements that Tenant leave the Tenth Floor Space in broom clean condition and that Tenant leave all of its furniture (excluding ten (10) six foot (6') high filing cabinets) in the Tenth Floor Space. The Seventh Floor Space shall be surrendered in its “as is” condition as of the Surrender Date. (b) Tenant represents and warrants to Landlord that: (1) Tenant is the present tenant under the Lease and Tenant has not assigned, conveyed, encumbered, pledged, sublet or sooner otherwise transferred, in whole or in part, its interest in the Lease, nor shall Tenant do any of the foregoing prior to the Surrender Date, (2) there are no persons or entities claiming under Tenant, or who or which may claim under Tenant, any rights of possession with respect to the Premises, and (3) Tenant has the right, power and authority to execute and deliver this Agreement and to perform Tenant's obligations hereunder, and this Agreement is a valid and binding obligation of Tenant enforceable against Tenant in accordance with the terms hereof. The foregoing representations and warranties shall survive the Surrender Date. (c) Effective as of the Surrender Date, Tenant shall release Landlord and its successors and assigns from all claims, obligations and liabilities of every kind and nature whatsoever, arising out of, or in connection with, the Premises or the Lease. Notwithstanding the foregoing, Landlord shall not be released from any obligation, covenant, representation or warranty contained in this Agreement and the Lease, which by the terms of this Agreement or the Lease is specifically stated to survive the surrender of the Lease. (d) Effective as of the Surrender Date, Landlord shall release Tenant and its successors and assigns from all claims, obligations and liabilities of every kind and nature whatsoever arising out of, or in connection with, the Premises or the Lease relating to the period from and after the Surrender Date. Notwithstanding the foregoing, Tenant shall not be released from any obligation, covenant, representation or warranty contained in this Agreement and the Lease, which by the terms of this Agreement or the Lease is specifically stated to survive the surrender of the Premises and the termination of Tenantthe Lease. (e) Tenant shall pay to Landlord on the Surrender Date (1) an amount equal to Fifteen Thousand Dollars ($15,000), in the form of a bank check or by wire, as consideration for Landlord’s right to possession execution of this Agreement and acceptance of the Premises, promptly vacate and surrender (2) Tenant hereby waives and hereby disclaims any right, title and interest Tenant may have for any and all sums remaining in the Tenth Floor Space Tenant Fund, which the parties agree is approximately One Hundred Forty Thousand and 00/100 Dollars ($140,000.00). If, at any time after the Surrender Date, it shall be determined that any Fixed Rent, additional rent, all other items of rental or other sums and charges shall have been due and payable for any period prior to the Surrender Date, Tenant shall pay such amounts to Landlord within ten (10) days after rendition of a xxxx therefor. In addition, the obligation of Tenant under the Lease to pay escalations of any sort with respect to the Premises in substantially (including, but not limited to the same order Tax Payment, the Operating Expense Payment and condition payments on account of electricity, whether or not such payments are called additional rent), which shall have accrued prior to the Surrender Date, shall survive the Surrender Date. Tenant acknowledges that it has paid Rental through September 30, 2001, and that even though Tenant is surrendering the Premises as delivered of the Surrender Date, there shall be no apportionment of Rental for the month of September 2001, nor shall any prepaid portion of Rental be refunded to Tenant, . The terms and in conformity with the applicable provisions of this Lease Paragraph 2(e) shall survive the surrender of the Premises. Notwithstanding the foregoing, Landlord and Tenant acknowledge that if this Agreement is executed and delivered after September 30, 2001, then for any period commencing on October 1, 2001, and continuing through and until the date this Agreement is executed and delivered, Fixed Rent and additional rent shall be adjourned, and Tenant shall only be obligated for the payment of electricity and other similar charges for other utilities; provided however, if the Condition is not satisfied or waived by Landlord and this Agreement becomes null and void, Tenant agrees to pay to Landlord within two (2) days of the termination of this Agreement, any Fixed Rent and additional rent due for the period commencing October 1, 2001, through and including the date this Agreement terminates. In such event Tenant’s obligation to pay Fixed Rent, additional rent and other charges shall continue from and after the date this Agreement terminates, through and including the end of the Term. (f) Tenant (1) shall pay all transfer taxes, if any, imposed by any governmental authority in connection with the surrender of the Premises, including, without limitation Sections 8 limitation, any City Transfer Tax and State Transfer Tax (each as hereinafter defined), and (2) does hereby agree to indemnify and hold Landlord harmless of and from any transfer taxes imposed by any governmental authority by reason of the surrender of the Premises including, without limitation, the City Transfer Tax and State Transfer Tax, if any, and all expenses related thereto, including, without limitation, reasonable attorneys' fees and disbursements. Landlord and Tenant shall each complete, execute and deliver, within seven (7) days after request by either party of the other party, any questionnaire, affidavit or document with respect to the tax imposed by Title 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration Chapter 21 of the Term New York City Administrative Code (the "City Transfer Tax") and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration Article 31 of the Term Tax Law of the amount State of rent owed New York (the "State Transfer Tax"), required to be completed, executed and delivered by Landlord and Tenant with respect to the transactions contemplated by this Amendment, and the taxes, if any, shown thereby to be due shall be paid by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent when required by Landlord applicable law or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdoverregulation. The provisions of this Section Paragraph 2(f) shall not constitute a waiver by Landlord of any right of re-entry survive the Surrender Date. (g) If as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as Surrender Date Tenant has (i) fully satisfied its obligations under section 2(e) hereof, and (ii) delivered a waiver Xxxx of Landlord’s right Sale for all of the furniture located in the Premises to terminate this Lease for any Event Bank of Default. In addition New York, then on the Surrender Date, Landlord shall deliver to Tenant the Letters of Credit securing the Seventh Floor Space Security Amount and the Tenth Floor Space Security Amount and a letter to the foregoinginstitution issuing the Letters of Credit stating that Landlord has no further right, if Tenant fails to surrender title or interest in the Premises Letters of Credit. (h) Landlord and Tenant, each upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end request of the Term other, at any time and from time to time hereafter and without further consideration, shall execute, acknowledge and deliver to the other any instruments or sooner termination of Tenant’s right documents, or take such further action, as shall be reasonably requested or as may be necessary to possession more effectively assure the surrender of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of full benefits intended to be created by this Section, shall survive the expiration or earlier termination of this LeaseAgreement.

Surrender. The Tenant shall, shall at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from remove all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession goods and effects from the leased premises, and all of Tenant’s tel/data cabling and specialty finishes specifically identified by Landlord in writing upon review of Xxxxxx’s plans (including, without hereby limiting the generality of the Premisesforegoing, all signs and lettering affixed or painted by the Tenant, either inside or outside the leased premises, except for the signage in the Building directory provided by Landlord). Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused shall deliver to the Premises Landlord the leased premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or Buildingupon the leased premises (except as otherwise agreed at the time of construction or installation), in the condition required under Section 11 hereof, damage by fire or other casualty, reasonable wear and tear, and taking by eminent domain only excepted. In the event of the Tenant’s failure to remove any of Tenant’s property from the premises, Landlord is hereby authorized, without liability to Tenant shallfor loss or damage thereto, and at the sole risk of Tenant, to remove and store any of the property at Tenant’s expense, repair such damage) and in such manner or to retain same under Xxxxxxxx’s control or to sell at public or private sale, without notice any or all of the property not so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent removed and to perform all other Lease obligations apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. In the event that Xxxxxx does not move from the leased premises at the end of the term (as may be extended), the Base Rent shall be the then existing Base Rent multiplied by 150% for the period up to and including the expiration or earlier termination of this Leasefirst thirty (30) days, then 200 percent, and the provisions of this Section, Tenant shall survive the expiration or earlier termination of this Leasebe considered a Tenant at sufferance.

Surrender. Tenant shall, at agrees that on the expiration last day of the Term Term, or on the sooner termination of Tenant’s right to possession of the Premisesthis Lease, promptly vacate and Tenant shall surrender the Premises to Landlord (a) in substantially the same order good condition and condition as delivered to Tenantrepair (damage by Acts of God, fire, casualty, condemnation, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear excepted), but with all interior walls painted or cleaned so they appear painted, any carpets cleaned, and damage from casualty with all floors cleaned and waxed, together with all Alterations (as hereinafter defined) which may have been made in or condemnation exceptedon the Premises; except that Tenant shall remove trade fixtures put in at the expense of Tenant and any Alterations as to which Landlord has requested removal in an Advice Notice (as hereinafter defined) given pursuant to Paragraph 11(c) below or as to which Landlord otherwise requests removal at the expiration or termination of this Lease in accordance with said Paragraph 11(c); and (b) otherwise in accordance with Paragraph 32(f). Tenant shall have no right to hold over beyond the expiration of the Term repair all damage caused by such removal and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender otherwise restore the Premises upon in accordance with the preceding sentence at Tenant's sole cost and expense. On or before the expiration or sooner termination of this Lease, Tenant shall indemnifyremove all of Tenant's personal property from the Premises. All property of Tenant not so removed, defend unless such non- removal is consented to by Landlord, shall be deemed abandoned by Tenant, provided that in such event Tenant shall remain liable to Landlord for all costs incurred in storing and hold harmless Landlord from all costs, loss, expense or liability incurred as a result disposing of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ feesabandoned property of Tenant. At If the Premises are not surrendered at the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and in accordance with the provisions of this SectionParagraph 10 and of Paragraph 32(f), Tenant shall survive indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the expiration Premises, including, without limitation, any loss or earlier termination liability resulting from any claim against Landlord made by any succeeding tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of this Leasethe Premises to succeeding tenants, together with, in each case, actual attorneys, fees and costs.

Surrender. Tenant shallExcept as required under Section 23 of the Original Lease (regarding removal of Lines) and except as required under Section 25.5 of the Original Lease and Section 5.3 above (regarding Units and Package Units) and except for Tenant’s obligation to remove Tenant’s Full Floor Signage under Section 9 above, at upon the expiration or earlier termination of the Term or sooner termination of Tenant’s right to Lease, as amended hereby, Tenant shall surrender possession of the PremisesPremises to Landlord in as good condition and repair as exists as of the date of this Third Amendment, promptly vacate except for reasonable wear and surrender tear, casualty, condemnation and repairs that are Landlord’s express responsibility hereunder. Notwithstanding the foregoing, in the event Alterations have been installed by Tenant in the Premises in substantially as of the same order and condition as delivered to Tenant, and in conformity with the applicable provisions date of this Lease including without limitation Sections 8 and 11Third Amendment which were not approved by Landlord, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following remove such non-approved Alterations upon the expiration or sooner earlier termination of the Term shall not create Lease and repair any tenancy rights in damage associated with such removal. From and after the date of this Third Amendment, Landlord shall, concurrently with Landlord’s approval of any further tenant improvement or alteration work (including, without limitation, any Tenant and any such payments Improvement Work to be installed by Tenant may in accordance with the Work Letter attached hereto as Exhibit A), inform Tenant in writing of any items that will be applied by Landlord against its costs required to be removed upon the expiration or earlier termination of the Lease, as amended hereby, and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result Landlord’s failure to so inform Tenant concurrently with Landlord’s approval of such holdover. The provisions of this Section alterations shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as be deemed to be a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition cause such Alterations to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, be removed at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this the Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leaseas amended.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises Except as provided in substantially the same order and condition as delivered to Tenant, Section 7.3 and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11Section 10.5, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the upon expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner earlier termination of this Lease, Tenant shall indemnifysurrender the Premises to Landlord in the same condition as when received at the inception of this Lease as improved according to Exhibit C (or in the case of Expansion Space as unproved according to this Lease), defend subject to ordinary wear and hold harmless Landlord from all costs, loss, expense or liability incurred as tear. All Alterations shall become a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end part of the Term or sooner termination Premises and shall become the property of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense. Failure by Tenant to comply strictly with the provisions of this SectionSection 10.5 shall constitute a failure of Tenant to surrender the Premises validly. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of the Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, signage, internal cabling, wires or cabling in the risers, access control system components, locksets that are not Building Standard, and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall survive be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), or appropriate the same for itself, or sell the same in its discretion, with no liability to Tenant.

Surrender. On the last day of the Term, including any option term, or upon the sooner termination thereof, Tenant shall, shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the expiration commencement of the Term or sooner termination of Tenant’s right to possession of the Premisesthis Lease, promptly vacate in good order, condition and surrender the Premises in substantially the same order repair, fire and condition as delivered to Tenantother unavoidable casualty, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal reasonable wear and tear excepted. All alterations, additions, and damage from casualty improvements other than business and trade fixtures which may be made or condemnation exceptedinstalled by either Landlord or Tenant upon the Leased Premises or in common areas including business and trade fixtures installed by Tenant pursuant to Section 3.5, shall remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the termination of the Term, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Tenant shall have no right to hold over beyond the expiration of the Term remove all equipment and if Tenant does personal property and shall repair any damage occasioned by such removal. Any personal property not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord removed by Tenant shall automatically extendbe deemed abandoned and shall become the property of Landlord; provided, at that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord’s option, for on demand, the first additional month at one hundred fifty percent (150%) cost of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month removal thereof, with interest at the rate of two hundred percent ten (20010%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord at the place then fixed for the payment of rent of the sum keys to the Leased Premises shall constitute surrender of the Rent. The premises by Tenant and acceptance of Rent the keys by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied constitute acceptance by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred of such surrender. Such acceptance by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right rights to recover damages under terms of re-entry as set forth this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition section to the foregoingcontrary notwithstanding, if Tenant fails to surrender the Premises upon the expiration or sooner at any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant shall indemnifythen located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result may retain possession of such holdover, including without limitation, claims made property until payment in full of said amounts. Said lien shall not be defeated by any succeeding tenant and real estate brokers’ claims and attorneys’ feesplacing such property in storage. At If Tenant has not redeemed said property within ninety (90) days after the end of the Term or sooner termination of said Lease, Landlord may sell such property at public or private sale without further notice to Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) shall apply in a good and workmanlike reasonable manner so as not determined by Landlord the proceeds of sale to damage reduce the Premises or Building (or if any damage is caused amounts then owed from Tenant to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this LeaseLandlord.

Surrender. On the last day of the Term, including any option term, or upon the sooner termination thereof, Tenant shall, shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions commencement of this Lease including without limitation Sections 8 in good order, condition and 11repair, normal fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, and damage from casualty improvements other than business and trade fixtures which may be made or condemnation exceptedinstalled by either Landlord or Tenant upon the Leased Premises or in the Common Area, shall remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the termination of the Term, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Tenant shall have no right remove all of its equipment and personal property, the Temporary Addition and any other improvements to hold over beyond the expiration of Premises approved by the Term Design Review Board for temporary installation only, and if Tenant does shall repair any damage occasioned by such removal. Any personal property not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord removed by Tenant shall automatically extendbe deemed abandoned and shall become the property of Landlord; provided, at that Landlord shall have the option to effect said removals and Tenant shall pay Landlord’s option, for on demand, the first additional month at one hundred fifty percent (150%) cost of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month removal thereof, with interest at the rate of two hundred percent ten (20010%) percent per annum from the The delivery to Landlord at the place then fixed for the payment of rent of the sum keys or door access system cards and software to the Leased Premises shall constitute surrender of the Rentpremises by Tenant. The acceptance Acceptance of Rent the keys or door access system cards and software by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied constitute acceptance by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred of such surrender. Such acceptance by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right rights to recover damages under terms of re-entry as set forth this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition section to the foregoingcontrary notwithstanding, if Tenant fails to surrender the Premises upon the expiration or sooner at any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant shall indemnifythen located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result may retain possession of such holdover, including without limitation, claims made property until payment in full of said amounts. Said lien shall not be defeated by any succeeding tenant and real estate brokers’ claims and attorneys’ feesplacing such property in storage. At If Tenant has not redeemed said property within ninety (90) days after the end of the Term or sooner termination of said Lease, Landlord may sell such property at public or private sale without further notice to Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) shall apply in a good and workmanlike reasonable manner so as not determined by Landlord the proceeds of sale to damage reduce the Premises or Building (or if any damage is caused amounts then owed from Tenant to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this LeaseLandlord.

Surrender. Tenant shall, at the expiration of the Term On or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following before the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord remove from the Premises: (i) all costs, loss, expense or liability incurred as a result of such holdoverits personal property, including without limitation, claims made any equipment and signage; and (ii) any improvements or alterations installed by any succeeding tenant and real estate brokers’ claims and attorneys’ feesTenant which Landlord directs Tenant to remove (excepting the Initial Improvements). At the end time of the Term requesting Landlord's consent to an improvement or sooner termination of Tenant’s right to possession of the Premisesalteration, Tenant shall, at Landlord’s option, may request in writing that Landlord elect whether to require Tenant to remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises such improvement or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the alteration upon expiration or earlier termination of this Lease, and Landlord shall make such election at the provisions time of granting consent (or within 30 days after Tenant's request if the improvement or alteration does not require Landlord's consent). If Landlord fails to make such election, Landlord shall be deemed to have elected to have Tenant remove the improvement or alteration. With respect to the Initial Improvements, by notice given not later than six (6) months prior to the expiration of the initial term of this SectionLease, Landlord may require Tenant to demolish the interior improvements to any laboratory space, returning such space to a clean, capped and in good order Building Shell condition, and Tenant shall survive do so prior to expiration of the Lease, provided that Tenant's total monetary obligation for its out-of-pocket costs of such demolition and return to shell condition shall not exceed $300,000 (and if such amount is not sufficient to adequately perform the task, Tenant shall consult with Landlord and shall use such funds to perform such portions of the demolition task as Landlord directs). This demolition and return to shell condition obligation shall not apply if Tenant exercises its Renewal Option. If this Lease is terminated during its initial term for any reason other than Landlord's default, then this requirement shall apply, provided that if this Lease is terminated due to Tenant's default, Landlord may elect to simply collect the $300,000 obligation in lieu of allowing Tenant to conduct such demolition and return to shell. If Tenant conducts the demolition and return to shell condition as provided above, Tenant shall be entitled to retain all items removed from the laboratory area of the Premises in the course of such work. In addition, on or before the expiration or earlier termination of this Lease, Tenant shall: (i) repair any damage to the Premises caused by Tenant, including any damage caused by Tenant's removal of personal property, improvements or alterations, and (ii) surrender the Premises in good order and condition, broom clean, subject to reasonable wear and tear. If Tenant fails to remove any personal property, Landlord may either have it removed and stored in a public warehouse at the risk of Tenant (the expense of such removal, storage and repairs necessitated by such removal shall be paid by Tenant) or deem them abandoned whereupon they shall become the property of Landlord without payment or offset therefore.

Surrender. Tenant The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the expiration option of the Term or sooner termination of Tenant’s right Landlord, operate as an assignment to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Defaultall subleases or subtenancies. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including Upon the expiration or earlier termination of this Lease, Tenant agrees to peaceably surrender the Premises to Landlord broom clean and in a state of first-class order, repair and condition, ordinary wear and tear and casualty damage (if this Lease is terminated as a result thereof pursuant to Paragraph 20) excepted, with all of Tenant's personal property and Alterations (as defined in Paragraph 13) removed from the provisions of this SectionPremises to the extent required under Paragraph 13 and all damage caused by such removal repaired as required by Paragraph 13. In addition, shall survive unless otherwise agreed to in writing by Landlord, upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, (i) remove all computer and telephone wiring and cabling installed in the Premises by or for Tenant and (ii) repair any damage caused by such removal. If any such wiring and/or cabling is not so removed pursuant to this Subparagraph 11(a), then at Landlord's option, either such wiring and/or cabling shall become the property of Landlord (without payment by Landlord) or Landlord may remove such wiring and/or cabling at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable law). Prior to the date Tenant is to actually surrender the Premises to Landlord, Tenant agrees to give Landlord reasonable prior notice of the exact date Tenant will surrender the Premises so that Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify the Alterations and personal property which are to remain upon the Premises and which items Tenant is to remove pursuant to Paragraph 13, as well as any repairs Tenant is to make upon surrender of the Premises. The delivery of keys to any employee of Landlord or to Landlord's agent or any employee thereof alone will not be sufficient to constitute a termination of this Lease or a surrender of the Premises.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including Tenant Improvements and Tenant's improvements and/or alterations installed pursuant to Article 7.2, in a janitorial clean condition and otherwise in as good condition as when Tenant, took possession, except for (i) reasonable wear and tear subsequent to the last repair replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a bill xx sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the provisions costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this SectionLease, Tenant shall surrender to Landlord all keys to the Leased Premises and shall inform Landlord of the combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article 15.2 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be conclusively deemed correct for purposes of determining Tenant's liability for repairs and restoration hereunder.

Surrender. Tenant shall, at Upon the expiration of this Sublease, or upon the Term or sooner termination of the Sublease or of the Tenant’s 's right to possession of the Sub-leased Premises, promptly vacate Tenant will at once surrender and surrender deliver up the Premises Sub-leased Premises, together with all improvements thereon, to Landlord in substantially the same order good condition and condition as delivered to Tenantrepair, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal reasonable wear and tear excepted; conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required of Tenant under this Sublease shall not be deemed "reasonable wear and damage tear". Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment used in the operation of the Premises (as distinguished from casualty or condemnation exceptedoperations incident to the business of Tenant). Tenant shall surrender to Landlord all keys to the Sub-leased Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Sub-leased Premises. All Alterations in or upon the Sub-leased Premises made by Tenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Tenant; provided, however, Tenant shall have no the right to hold over beyond the expiration remove those items deemed Tenant’s goods and effects, as referenced in Section 24 of the Term Prime Lease, in accordance with the requirements set forth in Sections 8 (d) and if 24 of the Prime Lease. If Landlord or Prime Landlord requires removal of any personal property of Tenant and Tenant does not vacate as requiredmake such removal in accordance with these Sections, Landlord may remove the same (and repair any damage occasion thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Tenant’s occupancy shall not be construed to effect , or constitute anything other than a tenancy at sufferancewarehouse the same. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for pay the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Leaseremoval, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoingrepair, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend delivery and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leasewarehousing on demand.

Surrender. Tenant shall, at (a) Upon the expiration of the Term or sooner termination of Tenant’s right to possession of the Premisesthis Lease, promptly vacate and Tenant shall peaceably surrender the Premises to Landlord in substantially the same order and condition as delivered to Tenant, and in conformity with which they were received from Landlord at the applicable provisions commencement of this Lease, except as altered as permitted or required by this Lease including without limitation Sections 8 and 11, normal except for ordinary wear and tear and damage from casualty or due to condemnation exceptedand casualty. Provided that Tenant is not in default hereunder, Tenant shall have no right remove from the Premises prior to hold over beyond such termination all property not owned by Landlord, and, at Tenant’s expense, shall at such times of removal, repair any damage caused by such removal. Property not so removed shall become the expiration property of Landlord. Landlord may thereafter cause such property to be removed and disposition and the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease, all fixtures, including, but not limited to, the heating, ventilation and air conditioning systems shall remain on the Premises and shall become the property of Landlord, except as provided in Paragraph 11 hereof. (b) Tenant shall pay Landlord for each day Tenant retains possession of the Term and if Tenant does not vacate as requiredPremises or any part thereof after termination of this Lease, Tenant’s occupancy shall not be construed by lapse of time or otherwise, an amount equal to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum amount of rent for a day based on the annual rate of Basic Rent applicable under Section 5 on the last day of the Rent as those sums are at that time calculated under the provisions immediately preceding term of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the RentLease. The acceptance of Rent by Landlord Nothing herein shall be construed or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for of re-entry or any Event other right of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Lease.

Surrender. Tenant shallOn or before the Expiration Date or earlier termination of this Sublease, at Sublessee shall remove all of its trade fixtures and all alterations and improvements (unless Master Lessor has permitted Sublessee to leave its alterations and improvements), and shall surrender the Subleased Premises to Sublessor in clean condition and in the same condition required by Section 2.6 of the Master Lease. Any damage or deterioration of the Subleased Premises shall not be deemed ordinary wear and tear if the same could have been prevented by customary and ordinary maintenance practices. Not later than the expiration of the Term of this Sublease or the date of any sooner termination termination, Sublessee shall repair any damage to the Subleased Premises occasioned by the installation or removal of TenantSublessee’s right trade fixtures, furnishings, equipment, alterations or improvements and personal property. If the Subleased Premises are not so surrendered, then Sublessee shall be liable to possession Sublessor for all reasonable costs incurred by Sublessor in returning the Subleased Premises to the required condition, plus interest thereon at the Interest Rate. Sublessee shall indemnify, defend, protect and hold harmless Sublessor against any and all claims, liabilities, judgments, causes of the Premisesaction, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenantdamages, costs, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent expenses (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ and experts’ fees) resulting from Sublessee’s delay in surrendering the Subleased Premises, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Leaseincluding, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims any claim made by any succeeding tenant and real estate brokers’ claims and attorneys’ feesfounded on or resulting from such failure to surrender. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) The indemnification set forth in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, Paragraph shall survive the expiration or earlier termination of this LeaseSublease.

Surrender. Tenant shall, at 24.01 On the expiration last day of the Term Term, or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During upon any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises to the Landlord broom clean, in good order, condition and repair except for ordinary wear and tear and damage by fire or other insured casualty, restored as provided in Section 12.01. 24.02 Prior to such surrender, Tenant shall (a) remove Tenant's Property subject to the provisions of Article 13 hereof, (b) at Landlord's request remove from the Demised Premises all improvements, alterations, additions, fixtures and equipment (sometimes herein called "additional work") other than Tenant's work attached hereto as Exhibit C, whether such additional work was performed by Tenant or by Landlord on Tenant's behalf, and whether such additional work consisted of extra or special work or additional items or quantities of Building standard work, and (c) at Landlord's request, repair any damage and make any replacements to the Building or the Demised Premises resulting from or necessitated by such removal, and restore those parts of the Demised Premises from which the removal referred to in subparagraphs (a) and (b) above occurred, to a condition which will blend with and be comparable to adjacent areas. Tenant's removal and repair obligations hereunder with respect to the Demised Premises shall extend to the core area or any other part of the Building where any additional work was performed by or on behalf of Tenant. If Tenant shall fail to perform as provided in this SectionSection 24.02, Landlord shall survive have the expiration right to do so at Tenant's cost and expense, without further notice or earlier termination demand upon Tenant, and Tenant shall indemnify Landlord against all loss or liability resulting therefrom, including, without limitation, any delay in granting occupancy of this Leasethe Demised Premises to a future occupant.

Surrender. Tenant shall10.1 On the Expiration Date, at or upon the expiration earlier termination of the Term Sublease or sooner termination of TenantSubtenant’s right to possession of the Premises, promptly vacate Subtenant must at once surrender and surrender deliver up the Premises Premises, together with all improvements thereon, to Sublandlord in substantially the same order good condition and condition as delivered to Tenantrepair, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal reasonable wear and tear expected: conditions existing because of Subtenant’s failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease will not be deemed “reasonable wear and damage from casualty tear.” 10.2 Subtenant shall remove any of its personal property and fixtures incident to Subtenant’s business (“subtenant’s Property”) prior to the Expiration Date or condemnation excepted. Tenant shall have no upon the earlier termination of this Sublease or of Subtenant’s right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy possession. Subtenant shall not be required to remove the improvements installed as part of Sublandlord Work (except insofar as the same are not general office improvements or include high density filing systems, computer mainframes, libraries, telecom nodes, satellite dishes and signs), but shall be required to remove any Subtenant Alterations it construed or installed pursuant to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions Section 8.3 of this Lease Sublease, unless Sublandlord has instructed Subtenant otherwise, in writing. All Subtenant Alterations and thereafter for each successive month at Subtenant Improvements in or upon the rate Premises Subtenant is not required to remove will become a part of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender will remain upon the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration Expiration Date or earlier termination of this LeaseSublease or of Subtenant’s right to possession without compensation, allowance or credit to Subtenant. Subtenant shall repair any damage occasioned by such removal of the Subtenant Alterations, and/or Subtenant’s Property, which obligation will survive termination of this Sublease. If Sublandlord or Master Landlord required removal of any Subtenant Alterations or a portion thereof, and Subtenant does not remove such, or Subtenant does not remove Subtenant’s Property from the provisions of this Section, shall survive Premises on or before the expiration Expiration Date or the earlier termination of this Sublease, Sublandlord may remove the same (and repair any damage occasioned thereby, and dispose thereof, or at its election, remove and/or store the same. Subtenant shall pay the costs of such removal, repair and/or storage on demand. 10.3 Subtenant will not be required to remove any alterations or improvements made by Sublandlord prior to the Effective Date. If Sublandlord is required under the Master Lease to remove any such alterations or improvements, Subtenant must permit Sublandlord to enter the Premises for a reasonable period of time prior to the Expiration Date, for the purpose of removing such alterations and improvements and restoring the Premises as required by the Master Lease.

Surrender. Tenant shall, at the expiration or earlier termination of the Term or sooner termination of Tenant’s right to possession of the PremisesTerm, promptly vacate quit and surrender the Premises in substantially the same good order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11Lease, normal excepting only reasonable wear and tear and damage from casualty by fire or condemnation exceptedother insured casualty. Tenant shall have no right to hold over beyond the expiration or earlier termination of the Term and if Tenant does not vacate shall fail to deliver possession of the Premises as requiredherein provided, Tenant’s such occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent Rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at become one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter Lease. If Tenant fails to surrender the space within thirty (30) days of the expiration or earlier termination date of this Lease, Landlord may elect to automatically extend the Term for each successive an additional month or additional year, at the rate Landlord’s option, with a Rent of two one hundred fifty percent (200150%) of the sum of the RentRent as those sums are at that time calculated under the provisions of this Lease. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying Tenant or evicting Tenant taking possession of the Premises following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. Tenant shall also be liable to Landlord for all damage which Landlord suffers because of any holding over by Tenant, and Tenant shall indemnify Landlord against all claims made by any other tenant or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Premises to such other tenant or prospective tenant. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, Article 25 shall survive the expiration or earlier termination of this Lease.

Surrender. (a) On or before October 1, 2011 (the “Surrendered Premises Expiration Date”), Tenant shall, at shall surrender the expiration portion of the Term or sooner termination of Tenant’s right to possession Premises located on the 12th floor of the Building as shown diagonally-hatched on Exhibit A attached hereto (the “Surrendered Premises, promptly vacate and surrender ”) as if the Surrendered Premises Expiration Date was originally set forth in substantially the same order and condition Lease as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted“Expiration Date” for the Surrendered Premises. Tenant shall have no right continue to hold over beyond observe and perform all of its covenants and obligations under the expiration of Lease (including, without limitation, the Term obligation to pay Fixed Rent and if Tenant does not vacate as requiredAdditional Rent (including, without limitation, Tenant’s occupancy shall not be construed Labor Rate Payment)) with respect to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration Surrendered Premises until the occurrence of the Term the amount of rent owed to Landlord by Surrendered Premises Expiration Date. Tenant shall automatically extend, at Landlord’s option, for surrender the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under Surrendered Premises strictly in accordance with the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoingincluding, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end Section 20.1 of the Term or sooner termination of Tenant’s right to possession Lease. Time shall be of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not essence with respect to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to surrender the Surrendered Premises on or before the Surrendered Premises Expiration Date. In the event Tenant remains in possession of all or a portion of the Surrendered Premises after the Surrendered Premises Expiration Date, Landlord shall be entitled to all rights and remedies available pursuant to the Lease (including, without limitation, Section 20.2 of the Lease), at law or in equity. (b) From and after the date that Tenant actually surrenders possession of the Surrendered Premises in accordance with the provisions of the Lease (as amended by this Agreement) (the “Actual Surrender Date”), (i) the term “Premises” wherever used in the Lease shall be deemed to exclude the Surrendered Premises, and (ii) Tenant’s monetary obligations under the Lease with respect to the Surrendered Premises shall be released; provided, that Tenant’s liability to pay Fixed Rent and to perform Additional Rent, and any and all other payments, sums or charges due or to become due with respect to the Surrendered Premises pursuant to the terms of the Lease obligations for (as amended by this Agreement), including, without limitation, any holdover rent payable by Tenant with respect to the period up to Surrendered Premises, apportioned through and including the expiration or earlier termination of this Lease, and the provisions of this SectionActual Surrender Date, shall survive the expiration or earlier termination Actual Surrender Date and shall be due and payable by Tenant within ten (10) Business Days following written demand by Landlord. (c) Landlord is currently holding Letter of this LeaseCredit No. 61652972 issued by Citibank, N.A. on September 25, 2006, in an aggregate amount available for drawing equal to $1,725,000.00 (the “Existing Letter of Credit”). Following the Actual Surrender Date, Tenant shall be entitled to a reduction in the aggregate amount available for drawing under the Existing Letter of Credit from $1,725,000.00 to $800,000.00 (and no other changes to the Existing Letter of Credit), and Landlord shall reasonably cooperate with Tenant in connection with obtaining such reduction as soon as practicable.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%a) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following Upon the expiration or sooner earlier termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination term of this Lease, Tenant shall indemnifysurrender the Premises to Landlord in the same condition in which the Premises were originally received from Landlord except as repaired, defend replaced, rebuilt, restored, as required by any provision of this Lease, except as altered or added to with Landlord's prior written approval, and hold harmless Landlord except for ordinary wear and tear, damage or destruction (as set forth in Section 14), or taking by eminent domain. Tenant shall remove from the Premises on or prior to such expiration or earlier termination all costspersonal property situated thereon which is not owned by Landlord, lossand at its cost and expense shall repair any damage caused by such removal and upon Landlord's request, expense or liability incurred as a result of such holdover, including without limitation, claims remove any alteration made by any succeeding tenant and real estate brokers’ claims and attorneys’ feesTenant which did not require or receive Landlord's prior written approval. At Property not so removed shall become the end property of the Term or sooner termination of Tenant’s right Landlord, which may thereafter cause such property to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage be removed from the Premises or Building (or if and disposed of, but the cost of any such removal and disposition as well as the cost of repairing any damage is caused to the Premises or Building, Tenant shall, at by such removal shall be borne by Tenant’s expense, repair such damage. (b) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations Except for the period up to and including surrender upon the expiration or earlier termination of the term hereof, no surrender to Landlord of this LeaseLease or of the Premises or any portion thereof or of any interest therein shall be valid or effective unless agreed in writing under signature of (i) a manager of Landlord, and (ii) so long as the provisions estate, right, title and interest of this SectionLandlord hereunder or in the Premises shall be assigned or mortgaged as security for the payment of indebtedness for borrowed money, an officer of each such assignee or mortgagee. No act by any other representative or agent of Landlord, and no act by Landlord, other than such an agreement and acceptance so signed, shall survive the expiration or earlier termination constitute an acceptance of this Leaseany such surrender.

Surrender. Unless otherwise agreed to by Xxxxxxxx, on or before the expiration of the Term, or if applicable, within six (6) months after an early termination of this Lease, subject to extension for delays caused by Landlord or an event of Force Majeure and. except as otherwise provided herein, Tenant shall, at its sole cost and expense, (a) remove the Tenant Improvements (including concrete foundations and underground pipelines to a depth of 36 inches), equipment and all of Tenant’s other personal property from the Land, other than any Tenant Improvements, or any portion thereof, that the Parties mutually agree in writing shall not be removed from the Land, (b) restore the Land to post-clearing grade level, (c) complete any environmental remediation required by Tenant pursuant to Section 9.2, and (d) thereafter vacate and surrender possession of the Land to Landlord. Any Tenant Improvements, or any portion thereof, that the Parties mutually agree in writing shall not be removed from the Land pursuant to this Section 4.6 shall become the property of Landlord, on an AS IS, WHEREAS basis, without any representations or warranties, expressed or implied (including warranties of merchantability and fitness for a particular purpose). Except for Tenant Improvements identified in Schedule 1, any other Tenant Improvements that remain on the Land after the expiration of the Term or sooner six (6) months after the early termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right (subject to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, extension for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent delays caused by Landlord or the failure an event of Force Majeure) shall be deemed abandoned or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments forfeited by Tenant and, Landlord may be applied by remove and dispose of same without any liability to Landlord against its costs and expenses, including Tenant hereby agrees to reimburse Landlord any reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leaseexpenses therefor.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%a) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including Upon the expiration or earlier termination of this Leasethe Term, Tenant shall (i) peaceably quit and surrender to Landlord the Premises broom clean, in good order, repair and condition excepting only ordinary wear and tear and Casualty that is Landlord’s obligation to restore under Section 13.1 if the Lease is not otherwise terminated pursuant to Section 13.2; (ii) remove all of Tenant’s Property (including all cabling, trade fixtures, furniture and equipment) and, to the extent specified by Landlord at time Tenant seeks Landlord’s consent, Alterations made by Tenant, and (iii) repair any damages to the provisions Premises or the Building caused by the installation or removal of Tenant’s Property and/or such Alterations. Tenant’s obligations under this Section, Section 19.1(a) shall survive the expiration or earlier termination of this Lease. (b) No act or thing done by Landlord during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept such surrender shall be valid, unless in writing signed by Xxxxxxxx. Unless otherwise agreed by the parties in writing, no employee of Landlord or of Landlord’s agents shall have any power to accept the keys of the Premises prior to the expiration or earlier termination of this Lease. The delivery of keys to any employee of Landlord or of Landlord’s agents shall not operate as a termination of this Lease or a surrender of the Premises. (c) Notwithstanding anything to the contrary contained herein, Tenant shall, at its sole cost and expense, remove from the Premises, prior to the end of the Term, any item installed by or for Tenant and which, pursuant to Legal Requirements, must be removed therefrom before the Premises may be used by a subsequent tenant. (d) Tenant hereby assigns to Landlord any warranties in effect on the last day of the Term with respect to any fixtures and Alterations remaining in the Premises. Tenant shall provide Landlord with copies of any such warranties prior to the expiration of the Term (or, if the Lease is earlier terminated, within five (5) days thereafter).

Surrender. On the Expiration Date or upon the termination hereof upon a day other than the Expiration Date, Tenant shall peaceably surrender the Demised Premises in the condition in which the Demised Premises were delivered to Tenant as set forth in Section 1.0 hereof, reasonable wear and tear. Permitted alternations and insured casualty only excepted; warehouse area in broom clean condition; office/restroom area vacuumed and cleaned. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Tenant shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be repaired by Tenant and at its expense. All alterations, additions, improvements and fixtures (other than Tenant’s Property) which shall have been made or installed by Landlord or Tenant upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond If the expiration of Demised Premises are not surrendered on the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord Expiration Date or the failure or delay date of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Leasetermination, Tenant shall indemnify, defend and hold harmless indemnify Landlord from all costs, loss, expense against loss or liability incurred as a result of such holdover, including without limitation, or claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ feesTenant resulting from such delay. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove shall promptly surrender all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations keys for the period up Demised Premises to Landlord at the place then fixed for payment of rent and including shall inform Landlord of combinations of any locks and safes on the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this LeaseDemised Premises.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following At the expiration or sooner termination of the Term shall not create within 30 days after any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner earlier termination of this Lease, Tenant shall indemnifysurrender the Premises to Landlord in the condition required by Section 11. All Alterations existing on the Premises at such time, defend except Tenant's furniture and hold harmless those moveable trade fixtures that are located inside the Buildings, such as computer(s) and other similar moveable equipment and shelving (collectively, "Building Trade Fixtures"), shall become the property of Landlord from all costs, loss, expense or liability incurred and shall remain upon and be surrendered with the Premises as a result part thereof at the termination or other expiration of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ feesthe Term. At the expiration or termination of the Term, Tenant shall remove its Building Trade Fixtures and all rail cars, locomotives and other equipment or personal property as well as its Signs and identification marks, from the Premises and repair any and all damage caused by such removal. Building Trade Fixtures and other personal property of Tenant not so removed at the end of the Term or sooner within thirty (30) days after the earlier termination of Tenant’s right to possession of the Premises, Tenant Term for any reason whatsoever shall, at Landlord’s 's sole option, be deemed abandoned and shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Premises. If Tenant fails to remove all furnitureany such property from the Premises, movable trade fixtures the reasonable cost of removing and equipment (including telephone, security disposing of such property and communication equipment system wiring and cabling) in a good and workmanlike manner so as not repairing any damage to damage any of the Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or Building (or if to any damage is caused extent be obligated to reimburse Tenant for any property that becomes the Premises or Building, Tenant shall, at Tenant’s expense, repair property of Landlord as a result of such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination. The provisions of this Section 20 shall survive the termination or expiration of this Lease. At any time during the Term, Tenant may remove the Building Trade Fixtures, as well as its Signs and identification marks, from the provisions of this SectionPremises, shall survive the expiration or earlier termination of this Leaseprovided Tenant repairs any and all damage caused by such removal.

Surrender. Tenant shallExcept as set forth to the contrary herein, at within sixty (60) days following the expiration of the Term or sooner termination of this Agreement pursuant to Section 8.3 and while continuing to pay rent (the “Equipment Removal Period”), in accordance with the terms of this Agreement, Tenant will surrender the Premises to Landlord in a condition similar to that which existed immediately prior to Tenant’s right Installation together with any additions alteration and improvements to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11either case, normal wear and tear and damage from casualty or condemnation excepted. Subject to Section 3.2, Tenant shall have no the right to hold over beyond access the Premises or remove any or all of Tenant’s Equipment from the Premises at any time during the Term or the Equipment Removal Period. If Tenant’s Equipment is not removed at the conclusion of the Equipment Removal Period, Tenant will be deemed to be in Hold Over (as defined in Section 7.2 below) until Tenant’s Equipment is removed from the Premises, provided the Hold Over term shall not exceed one hundred twenty (120) days unless otherwise agreed to by both parties in writing. If Tenant fails to remove Tenant’s Equipment within one hundred twenty (120) days following the expiration of the Term and if Equipment Removal Period, or such later period agreed to by the Parties, then Landlord shall have the option – to be exercised by prior Notice to Tenant does not vacate as required, – to declare Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration Equipment abandoned and Landlord may remove and dispose of the Term the amount of rent owed to Tenant’s Equipment. If Landlord by Tenant shall automatically extend, at Landlord’s exercises this option, for then following at least thirty (30) days written Notice to Tenant (i) Landlord shall take possession and title of the first additional month property and dispose of it in a commercially reasonable manner; (ii) the reasonable costs associated with removal and disposition of the property shall be itemized and billed to Tenant at one hundred fifty and twenty-five percent (150125%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent its actual documented cost (200%“Removal Fee”); (iiiv) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any pay such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result Removal Fee within thirty (30) days of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend billing; and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cablingiv) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for rent at the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, Holdover rate shall survive the expiration or earlier termination of this Leaseterminate.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of 26.1. At least ten (10) days prior to Tenant’s right to surrender of possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession part of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures shall provide Landlord with (a) a facility decommissioning and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party reasonably acceptable to Landlord, evidencing that the Premises have been decommissioned in accordance with American National Standards Institute (“ANSI”) Publication Z9.11-2008 (entitled “Laboratory Decommissioning”) or Building any successor standards published by ANSI or any successor organization (or or, if any damage is caused ANSI and its successors no longer exist, a similar entity publishing similar standards), and (b) written evidence of all appropriate governmental releases obtained by Tenant in accordance with Applicable Laws, including laws pertaining to the Premises or Buildingsurrender of the Premises. In addition, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not agrees to disturb other tenants remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the BuildingExit Survey and compliance with any recommendations set forth in the Exit Survey. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of under this Lease, and the provisions of this Section, Section shall survive the expiration or earlier termination of the Lease. 26.2. No surrender of possession of any part of the Premises prior to the Term Expiration Date or earlier termination of this Lease shall release Tenant from any of its obligations hereunder, unless such surrender is accepted in writing by Landlord. 26.3. The voluntary or other surrender of this Lease by Tenant prior to the Term Expiration Date or earlier termination of this Lease shall not effect a merger with Landlord’s fee title or leasehold interest in the Premises, the Buildings, the Property or the Project, unless Landlord consents in writing, and shall, at Landlord’s option, operate as an assignment to Landlord of any or all subleases. 26.4. The voluntary or other surrender of any ground or other underlying lease that now exists or may hereafter be executed affecting a Building(s) or the Project, or a mutual cancellation thereof or of Landlord’s interest therein by Landlord and its lessor shall not effect a merger with Landlord’s fee title or leasehold interest in the Premises, the Building(s) or the Property and shall, at the option of the successor to Landlord’s interest in the Building(s) or the Project, as applicable, operate as an assignment of this Lease.

Surrender. Tenant shall, at the expiration Except as required under Section 23 of the Term or sooner termination Original Lease (regarding removal of Lines) and except as required under Section 25.5 of the Original Lease and Section 11 above (regarding Units and Package Units) and except for Tenant's obligation to remove all of Tenant’s right to possession of 's full floor signage (i.e., any signage in the Premiseselevator lobby, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenanthallways, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord areas of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made full floor leased by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Tenant's Building. -Top Signage and Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including 's Monument Signage under Section 13 above, upon the expiration or earlier termination of this the Lease, as amended hereby, Tenant shall surrender possession of the Premises to Landlord in as good condition and repair as exists as of the provisions date of this SectionSeventh Amendment, except for reasonable wear and tear, casualty, condemnation and repairs that are Landlord's express responsibility hereunder. Notwithstanding the foregoing, (a) in the event any Alterations are installed by Tenant in the Premises after the date of this Seventh Amendment which are not approved by Landlord, Tenant shall survive remove such non-approved Alterations upon the expiration or earlier termination of the Lease and repair any damage associated with such removal, and (b) in the event any tenant improvements or Alterations are installed by Tenant in the Premises after the date of this Seventh Amendment (including, without limitation, any Tenant Improvement Work to be installed in the Premises by Tenant in accordance with the Work Letter attached to the Fifth Amendment as Exhibit A), which are approved by Landlord, Tenant shall not be required to remove such Tenant Improvement Work or Alterations upon the expiration or earlier termination of the Lease. For clarity, nothing contained in this Section 14 shall be construed to limit Tenant's obligation to remove the Lines, Units, Package Units, Full Floor Signage or Tenant's Building-Top Signage or Tenant's Monument Signage upon the expiration or earlier termination of the Lease.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon Upon the expiration or sooner termination of this Lease, Tenant shall indemnifyvacate and surrender the Premises to Landlord in the same condition as existed at the Commencement Date, defend except for (i) reasonable wear and hold harmless tear (but in all events, in accordance with Tenant’s repair and maintenance obligations hereunder), (ii) damage caused by any peril or condemnation, and (iii) contamination by Hazardous Materials for which Tenant is not responsible pursuant to Section 7.2A or Section 7.2B. If Landlord from so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any Tenant Improvements and/or Tenant’s Alterations which Tenant is required to remove pursuant to Section 5.2 and repair all costsdamage caused by such removal and return the Premises or any part thereof to its original configuration existing as of the Commencement Date. If the Premises are not so surrendered at the termination of this Lease, lossTenant shall continue to be responsible for the payment of Rent until the Premises are so surrendered in accordance with said provisions and Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Premises to the required condition, expense plus interest on all costs incurred at the Agreed Interest Rate. Tenant shall indemnify Landlord against loss or liability incurred as a result of such holdoverresulting from delay by Xxxxxx in so surrendering the Premises, including including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants and real estate brokers’ claims losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ feesfees and costs. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Lease.#201239119v12<ACTIVE> - DW Life Sciences DIVCO IDEAYA Biosciences 000 Xxxxxxxxx Xxxxx...docx ACTIVE\201239119.12

Surrender. Tenant shall, at the expiration of the Term or sooner termination of At least thirty (30) days prior to Tenant’s right to surrender of possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession part of the Premises, Tenant shallshall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party state-certified professional with appropriate expertise, which Exit Survey must be reasonably acceptable to Landlord. The Exit Survey shall comply with the American National Standards Institute’s Laboratory Decommissioning guidelines (ANSI/AIHA Z9.11-2008) or any successor standards published by ANSI or any successor organization (or, if ANSI and its successors no longer exist, a similar entity publishing similar standards). In addition, at least ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall (a) provide Landlord with written evidence of all appropriate governmental releases obtained by Tenant in accordance with Applicable Laws, including laws pertaining to the surrender of the Premises, (b) place Laboratory Equipment Decontamination Forms on all decommissioned equipment to assure safe occupancy by future users and (c) conduct a site inspection with Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage . Tenant shall surrender the Premises or Building (or if in compliance with the terms and conditions of Article 21 of this Lease including, without limitation, with Hazardous Materials which are the responsibility of Tenant under this Lease remediated in the manner required thereunder. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any damage is caused recognized environmental conditions set forth in the Exit Survey and comply with any recommendations set forth in the Exit Survey to the Premises extent such conditions were caused by Tenant or Building, the Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not Parties or are otherwise the responsibility of Tenant pursuant to disturb other tenants in the Buildingthis Lease. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of under this Lease, and the provisions of this Section, Section shall survive the expiration or earlier termination of the Lease. Notwithstanding anything to the contrary contained in this Lease, in no event shall Tenant have any obligation to remove any (i) improvements or alterations from the Premises that were in existence as of the Execution Date or (ii) any Tenant Improvements.

Surrender. Tenant The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the expiration option of the Term or sooner termination of Tenant’s right Landlord, operate as an assignment to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Defaultall subleases or subtenancies. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including Upon the expiration or earlier termination of this Lease, Tenant agrees to peaceably surrender the Premises to Landlord broom clean and in a state of good order, repair and condition, ordinary wear and tear and casualty damage (if this Lease is terminated as a result thereof pursuant to Paragraph 20) excepted, together with all of Tenant's personal property and Alterations (as defined in Paragraph 13) removed from the provisions Premises to the extent required under Paragraph 13 and all damage caused by such removal repaired as required by Paragraph 13. At least ninety (90) days, prior to the date Tenant is to actually surrender the Premises to Landlord, Tenant agrees to give Landlord notice of the exact date Tenant will surrender the Premises so that Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify the Alterations and personal property which are to remain upon the Premises and which items Tenant is to remove as well as any repairs Tenant is to make upon surrender of the Premises as required by this SectionLease. During such ninety (90) day period, shall survive Landlord may, at its option, and at Landlord's sole cost and expense, retain the expiration services of one or earlier more inspectors or consultants to inspect the Premises and all equipment and fixtures located therein to determine if they are in the condition required for proper surrender by Tenant. If any such inspections disclose any deficiencies in the condition of the Premises, Tenant will promptly cause the same to be corrected in a good and workmanlike manner at Tenant's sole cost and expense prior to the surrender date. The delivery of keys to any employee of Landlord or to Landlord's agent or any employee thereof alone will not be sufficient to constitute a termination of this LeaseLease or a surrender of the Premises.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including Upon the expiration or earlier termination of this Lease, --------- or upon the exercise by Landlord of Landlord's right to re-enter the Premises without terminating this Lease, Tenant will surrender the Premises in the same condition as received or as subsequently improved by Landlord or Tenant, except for (i) ordinary wear and tear and (ii) damage by fire, earthquake, acts of God or the provisions elements, and will deliver to Landlord all keys for the Premises and Garage and combinations to safes located in the premises. Tenant will remove, or cause to be removed, from the Premises or the Building, at Tenant's expense and as of the Expiration Date or earlier termination of this SectionLease, shall all signs (including any signs located on the Premises, i.e., building or monument signs), notices, displays, and trade fixtures of Tenant. Tenant agrees to repair, at Tenant's expense, any damage to the Premises or any other part of the Project resulting from the removal of any articles of personal property, movable business or trade fixtures, machinery, equipment, furniture or movable partitions, including without limitation, repairing the floor and patching and painting the walls where required by Landlord. Tenant's obligations under this Section 7.4 will survive the expiration or earlier termination of this Lease. ----------- If Tenant fails to remove any item of property permitted or required to be removed at the expiration or earlier termination of the Term, Landlord, may, at Landlord's option, (a) remove such property from the Premises at the expense of Tenant and sell or dispose of same in such manner as Landlord deems advisable, or (b) place such property in storage at the expense of Tenant. Any property of Tenant remaining in the Premises ten (10) days after the Expiration Date or earlier termination of this Lease without the written consent of Landlord will be deemed to have been abandoned by Tenant.

Surrender. Upon the expiration or termination of the final Lease Term, howsoever effected, Tenant shallshall forthwith surrender the Leased Premises to Landlord or Landlord’s designee, free and clear of all claims, liens, security interests and other encumbrances (except Permitted Encumbrances and other encumbrances approved in writing by Landlord during the Lease Term) and in as good working order and condition as on the Commencement Date, ordinary wear and tear excepted. Landlord's Equipment and all inventory acquired by Tenant during the Lease term and on hand as of the date of expiration or termination shall also be surrendered to Landlord and all equipment and inventory surrendered shall have an aggregate functional capability at least equal to the aggregate functional capability of the equipment and inventory existing at the Facility as of the Commencement Date. At the expiration of the final Lease Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During upon any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenantupon Xxxxxxxx’s right to possession of rightful reentry onto the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage shall surrender the Premises to Landlord “broom clean” and in good working order, condition and repair, except for ordinary wear and tear and damage by casualty or Building (or if condemnation. Tenant shall cooperate fully with the transfer of operations to any damage is caused new tenant including, without limiting the generality of the foregoing, the transfer of information on resident accounts and contracts. In no event may the Tenant seek to change the number of licensed beds at the Leased Premises or Buildingmove any part of its nursing home operation to another location without the express written consent of Landlord, Tenant shall, at Tenantwhich consent may be withheld with or without cause in Xxxxxxxx’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leasesole discretion.

Surrender. Tenant shall, at (a) No act or thing done by Landlord during the expiration Lease Term shall be deemed an acceptance of the Term or sooner termination of Tenant’s right to possession a surrender of the Premises, promptly vacate and no agreement to accept such surrender shall be valid, unless in writing signed by Landlord. No employee of Landlord or of Landlord’s agents shall have any power to accept the keys of the Premises prior to the termination of this Lease; provided, however, that the foregoing shall not apply to the delivery of keys to Landlord or its agents in its (or their) capacity as managing agent or for purpose of emergency access. In any event, however, the delivery of keys to any employee of Landlord or of Landlord’s agents shall not operate as a termination of this Lease or a surrender of the Premises. (b) Upon the expiration or earlier termination of the Lease Term, or upon any re-entry by Landlord of the Premises, Tenant shall quit and surrender the Premises to Landlord vacant, broom clean and in substantially the same order good order, condition and condition as delivered to Tenantrepair, except for ordinary wear and tear, damage by fire or other casualty, if any, and in conformity with other conditions requiring repair, if any, which are not the applicable obligation of Tenant to repair under the terms of this Lease, and Tenant shall remove all of Tenant’s Property therefrom and shall restore the Premises to the extent required under any of the other provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation exceptedLease. Tenant shall have no right repair any damage to hold over beyond the expiration Premises occasioned by the removal by Tenant or any person claiming under Tenant of the Term and if Tenant does not vacate as required, any of Tenant’s occupancy Property and any Specialty Alterations required to be removed pursuant to this Lease. Tenant’s obligations pursuant to this paragraph shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following survive the expiration or sooner termination of the Term shall not create Lease Term. Tenant expressly waives, for itself and for anyone claiming through or under Tenant, any tenancy rights in Tenant and any such payments by which Tenant may be applied by have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The may institute to enforce the foregoing provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leaseparagraph.

Surrender. On termination of the Lease Agreement, the Tenant shallmust ensure that the premises undergo refurbishment, including of flooring, painting of walls and, where relevant, other painted surfaces to the effect that all surfaces are in the same condition as at the expiration date of taking possession. The premises are otherwise surrendered in a clean and well-maintained condition without damage or defects of any kind. The Tenant has a duty, but not a right, to re-establish structural changes on vacating the premises. This also applies where the Landlord has granted his consent to the changes. In case of changes to the premises, the parties agree whether or not the change must be restored on termination of the Term or sooner Lease Agreement. Agreed structural changes prior to taking possession should not be restored on termination of the Lease Agreement. If the leased premises are vacated by the Tenant before the agreed period of non-terminability expires, see clause 5, the Tenant will pay to the Landlord the residual depreciation on the Landlord’s investment, see Appendix 10 and the residual investment rent, see Appendix 7. Business lease until 1 February 2021. If the Tenant vacates the premises at the Landlord’s request (see clause 1), the Landlord’s claim for the above-mentioned repayment of residual depreciation and investment rent will lapse. (a new appendix regarding depreciation will be prepared). If the Tenant vacates the premises at the Landlord’s request (see clause 1), the Tenant’s right to possession duty of refurbishment on vacation of the Premisesareas in question will lapse. The Tenant must surrender all keys, promptly vacate tags, codes and surrender access cards and the Premises like to the premises on termination of the Lease Agreement. This includes keys, tags, codes and access cards and the like to alarm systems and access points installed by the Tenant. Any refurbishment obligations ascertained in substantially connection with the moving-out inspection as described below will be carried out by the Landlord for the account of the Tenant. If the remedial work has not been completed before termination of the Lease Agreement, the Landlord may demand payment for services under clauses 6, 11 and 15 until the premises have been brought into contractual condition. The parties agree that the Landlord is entitled to demand that the value of the cost of the identified works and improvement according to the moving-out report be capitalised and that the calculated costs with addition of any relevant engineering fee be paid in cash by the Tenant to the Landlord not later than seven days after receipt of the statement. On or before the termination of the Lease Agreement, a moving-out inspection will be held with a representative attending for both the Landlord and the Tenant. On the basis of this moving-out inspection, the parties will prepare a report of the condition of the premises. Together with the moving-in report prepared on occupation, this report forms the basis of any claims for repair work of the Landlord. Immediately after the moving-out inspection, the Landlord must invite a quotation for the execution of the repair works specified in the moving-out report. If the Tenant disagrees with the specified amount, the Tenant is at liberty, on the basis of the moving-out report, to invite an independent quotation for the works and improvements identified by the Landlord. Within seven business days of its receipt of the moving-out report, the Tenant must notify the Landlord in writing that the Tenant wants to invite an independent quotation. The quotation obtained by the Tenant must be fully comparable with the requirements specification prepared by the Landlord. If, against the background of the quotation obtained by the Tenant, the parties disagree over the size of the expense, the parties must mutually appoint an independent expert valuer for determining the final size of the amount. The final value established by the expert valuer cannot be challenged by any of the parties, and the amount is payable in cash by the Tenant in full and final settlement of the claim (after offsetting the deposit amount) within seven business days of the receipt of the valuer’s written notification establishing the size of the amount. Business lease until 1 February 2021. The costs of the expert valuer’s assessment will be shared equally between the parties. In connection with the moving-out inspection, the moving-out report will be based on all painted surfaces being surrendered with a fresh coat of paint, and flooring, doors, ceiling sheets and window sxxxx and installations comprised by the Tenant’s duty of maintenance must be in a functional condition, clean and maintained and otherwise in the same order state of repair and condition as delivered on the date of taking possession. The Landlord must forward the moving-out report to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration last known address of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period The time limit of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%four weeks set out in section 74(2) of the sum Danish Business Lease Act has been extended to eight weeks. If, on the date of termination, the Rent as those sums are at that time calculated under leased premises comprise laboratories or animal buildings classified according to Danish working environment legislation, environmental laws, radiation legislation or the provisions like, these premises must be downgraded and cleaned by the Tenant prior to vacating the premises. On surrender, the Tenant must provide documentation of this Lease having carried out the downgrade and thereafter for each successive month at deregistration with the rate of two hundred percent (200%) of relevant authorities, including the sum of Danish Working Environment Authority. Failure to provide documentation will entitle the RentLandlord to collect rent and other mandatory payments until the documentation is available. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant has prepared inspirational materials which may be applied by Landlord against its costs used in connection with the downgrading and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result cleaning of such holdoverlaboratories. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises inspirational materials are available upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leaserequest.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right shall deliver up and surrender to Landlord possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Demised Premises upon the expiration or sooner earlier termination of this Leasethe Term, broom clean, free of debris, in good order, condition and state of repair and shall deliver the keys at the office of Landlord or to any other address as Landlord may designate. Tenant shall indemnifycap and tag any wiring and cabling installed by Tenant in the Demised Premises. Tenant, defend and hold harmless Landlord from all costsat its expense, loss, expense shall repair any damage occasioned to the Demised Premises or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end portion of the Term Project by reason of installation or sooner termination removal of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable any trade fixtures and equipment other personal property. If Tenant fails to remove such items from the Demised Premises within five (including telephone5) days following Landlord's written demand therefor following such expiration or termination, security then in any such event all such trade fixtures and communication equipment system wiring other personal property shall thereupon become the property of Landlord without further act by either party hereto, unless Landlord elects to require their removal, in which case Tenant agrees to promptly remove same and cabling) in a good and workmanlike manner so as not restore the Demised Premises to damage the Premises or Building (or if any damage is caused its prior condition at Tenant's expense. All leasehold improvements to the Demised Premises or Buildingby Tenant, Tenant shallincluding, at but not limited to, the items furnished pursuant to Landlord's Work and Tenant’s expense's Work, repair such damage) and in such manner so as not to disturb other tenants in but excluding trade fixtures, shall become the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the property of Landlord upon expiration or earlier termination of this Lease; provided, however, that Landlord may require the removal of Non-Standard Alterations designated by Landlord for removal in accordance with Section 14.4, above, in which event Tenant shall, at its expense, promptly remove such Non-Standard Alterations and repair any damage to the provisions of this SectionDemised Premises caused by such removal, which obligation shall survive the expiration or earlier other termination of this Lease. Landlord shall have no right to require Tenant to remove any item of Landlord's Work or Tenant's Work. The obligations of Tenant under this Section shall survive the expiration or other termination of this Lease.

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall, at the expiration shall notify Landlord in writing of the Term precise date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant pursuant to Sections 9.6 or sooner termination 9.7, or due to Tenant’s failure to perform any other obligation set forth in this Lease; provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage to the Premises that causes material damage to the Building Structure or Building Systems, impairs access to the Premises, or poses a threat to worker safety, to the extent such damage was caused by removal of Tenant’s right to possession of Property, the PremisesTenant Improvement Work and any Alterations as required under this Lease. Upon the Termination Date, promptly vacate and Tenant shall surrender the Premises to Landlord in substantially the same as good order and condition repair as delivered to Tenanton the Commencement Date, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal reasonable wear and tear and damage from by casualty excepted, free and clear of all letting and occupancies and with Tenant’s Hazardous Materials removed as required pursuant to Article 12. Subject to Article 9, upon any termination of this Lease all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord or condemnation exceptedTenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlord. Tenant shall have no right to hold over beyond If the expiration Premises are not surrendered as of the end of the Term in the manner and if condition described in this Section 20.1, Tenant does not vacate as requiredshall indemnify, defend, protect and hold Landlord harmless from and against any and all Losses resulting from or caused by Tenant’s occupancy shall not be construed to effect delay or constitute anything other than a tenancy at sufferance. During failure in so surrendering the Premises, including, without limitation, any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant lost rents and any claims made by any succeeding tenant due to such payments by Tenant may be applied by Landlord against its costs delay or failure and expenses, including reasonable attorneys’ fees, any loss or damage incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth delay in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease redevelopment plans for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Lease.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of 27.1. At least ten (10) days prior to Tenant’s right to surrender of possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession part of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment shall provide Landlord with (including telephone, security and communication equipment system wiring and cablinga) in a good and workmanlike manner so as not to damage Phase I environmental assessment (“Phase I”) for the Premises or Building and (or if any damage is caused b) written evidence of all appropriate governmental releases obtained by Tenant in accordance with Applicable Laws, including, without limitation, laws pertaining to the Premises or Buildingsurrender of the Premises. In addition, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not agrees to disturb other tenants remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the BuildingPhase I for which Tenant is responsible hereunder and compliance with any recommendations set forth in the Phase I with respect to any conditions set forth in the Phase I for which Tenant is responsible hereunder. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of under this Lease, and the provisions of this Section, Section 27.1 shall survive the expiration or earlier termination of the Lease. 27.2. No surrender of possession of any part of the Premises shall release Tenant from any of its obligations hereunder, unless such surrender is accepted in writing by Landlord. 27.3. The voluntary or other surrender of this Lease by Tenant shall not effect a merger with Landlord’s fee title or leasehold interest in the Premises or the Property, unless Landlord consents in writing, and shall, at Landlord’s option, operate as an assignment to Landlord of any or all subleases. 27.4. The voluntary or other surrender of any ground or other underlying lease that now exists or may hereafter be executed affecting the Building or the Project, or a mutual cancellation thereof or of Landlord’s interest therein by Landlord and its lessor shall not effect a merger with Landlord’s fee title or leasehold interest in the Premises or the Property and shall, at the option of the successor to Landlord’s interest in the Building or the Project, as applicable, operate as an assignment of this Lease.

Surrender. Tenant shall, at Upon the expiration of this Sublease, or upon the Term or sooner termination of the Sublease or of the Tenant’s right to possession of the Premises or as Tenant reduces the size of the Premises, promptly vacate Tenant will at once surrender and surrender deliver up the Premises all or, as applicable, the appropriate part of the Premises, together with all improvements thereon, to Landlord in substantially the same order good condition and condition repair, free of Hazardous Materials (other than routine office cleaning supplies) except as delivered to Tenantcaused by Landlord or Landlord's employees, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11agents, normal contractors, invitees and/or licensees, reasonable wear and tear (and damage from by Landlord or Prime Landlord), casualty or condemnation excepted. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment used in the operation of the Premises (as distinguished from operations incident to the business of Tenant). Tenant shall have no right surrender to hold over beyond Landlord all keys to the expiration Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Premises. All Alterations in or upon the Premises made by Tenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Tenant. Tenant shall remove any Alterations made by Tenant, or portion thereof, which Prime Landlord requires Landlord (or Tenant if there is a direct obligation of Tenant to Prime Landlord) to remove, pursuant to the terms of the Term Prime Lease. In any such event, Tenant shall restore the Premises to their condition prior to the making of such Alteration, repairing any damage occasioned by such removal or restoration. If Prime Landlord requires removal of any Alteration made by Tenant, or a portion thereof as set forth above, and if Tenant does not vacate as requiredmake such removal in accordance with this Section, Landlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Tenant’s occupancy , or warehouse the same. Tenant shall pay the costs of such removal, repair, delivery and warehousing on demand. Tenant shall not be construed required to effect or constitute anything other than a tenancy at sufferance. During remove any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent Alterations performed by Landlord or to restore the failure or delay of Landlord in notifying or evicting Tenant following Premises to their condition prior to the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result making of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this LeaseAlterations.

Surrender. Tenant shall, at the expiration Except as required under Section 23 of the Term or sooner termination Original Lease (regarding removal of Lines) and except as required under Section 25.5 of the Original Lease and Section 8 above (regarding Units and Package Units), and except for Tenant's obligation to remove all of Tenant’s right to possession of 's full floor signage (i.e., any signage in the Premiseselevator lobby, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenanthallways, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord areas of any right of re-entry as set forth in this Leasefull floor leased by Tenant), nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this the Lease, as amended hereby, Tenant shall surrender possession of the Premises to Landlord in as good condition and repair as exists as of the provisions date of this SectionFourth Amendment, except for reasonable wear and tear, casualty, condemnation and repairs that are Landlord's express responsibility hereunder. Notwithstanding the foregoing, (a) in the event any Alterations are installed by Tenant in the Premises after the date of this Fourth Amendment which are not approved by Landlord, Tenant shall survive remove such non-approved Alterations upon the expiration or earlier termination of the Lease and repair any damage associated with such removal, and (b) in the event Alterations are installed by Tenant in the Premises after the date of this Fourth Amendment (including, without limitation, any Tenant Improvement Work to be installed in the Premises by Tenant in accordance with the Work Letter attached to the Third Amendment as Exhibit A), which are approved by Landlord, Tenant shall not be required to remove such Tenant Improvement Work or Alterations upon the expiration or earlier termination of the Lease. For clarity, nothing contained in this Section 10 shall be construed to limit Tenant's obligation to remove the Lines, Units, Package Units upon the expiration or earlier termination of the Lease.

Surrender. Upon the expiration or other termination of the Term, Tenant shallwill immediately vacate and surrender possession of the Premises in good order, repair and condition, except for ordinary wear and tear. Upon the expiration or other termination of the Term, Tenant agrees, subject to the Surrender Condition Qualification as defined in Section 7.1(h), to remove (a) all Tenant Changes to the Premises, the removal of which Landlord requested or approved according to Section 7.1(h) at the time Landlord consented to their installation, and (b) all of Tenant’s trade fixtures, office furniture, office equipment and other personal property. Tenant will pay Landlord on demand the cost of repairing any damage to the Premises, Building and/or Project caused by the installation or removal of any such items, reasonable wear and tear excepted. Notwithstanding the foregoing, Tenant will be responsible for removing all Telecom Equipment at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner earlier termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdoveraccordance with Section 26.9 below. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if If Tenant fails to surrender the Premises on the expiration or earlier termination of this Lease despite demand to do so by Landlord (including upon the expiration or sooner termination of any subsequent month-to-month tenancy pursuant to Section 15.2 below), with such removal and repair obligations completed, then, in addition to Landlord’s rights and remedies under Section 7.2 above and the other provisions of this Lease, Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord harmless Landlord from all costs, loss, expense loss or liability incurred as a result of such holdoverincluding, including without limitation, any claims made by any succeeding tenant based thereon, and real estate brokers’ claims and any attorneys’ feesfees and other costs of legal proceedings. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Tenant’s obligations under this Section 15.1 will survive the expiration or early termination of this Lease and no surrender of possession of the Premises by Tenant will limit Tenant’s liability under this Lease. No act or thing done by Landlord or Landlord’s agents during the Term of this Lease will be deemed an acceptance of a surrender of the Premises, unless in writing signed by Landlord. The delivery of the keys to an employee or agent of Landlord will not operate as a termination of this Lease or a surrender of the Premises.

Surrender. Tenant shall26.01 On the Expiration Date, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During upon any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises to Landlord “broom-clean and in good order, condition and repair, except for ordinary wear and tear and such damage or destruction as Landlord is required to repair or restore under this Lease, and Tenant shall remove all of Tenant’s property therefrom except as otherwise expressly provided in this Lease. Tenant hereby waives any notice now or hereafter required by law with respect to vacating the Demised Premises on any such termination date. 26.02 If Tenant remains in possession of the Demised Premises after the expiration of the Term, Tenant shall be deemed to be occupying the Demised Premises as a tenant from month to month at the sufferance of Landlord subject to all of the provisions of this SectionLease, except that the monthly Fixed Rent shall survive be twice the expiration Fixed Rent in effect during the last month of the Term. 26.03 No act or thing done by Landlord or its agents shall be deemed an acceptance of a surrender of the Demised Premises, and no agreement to accept such surrender shall be valid unless in writing and signed by Landlord. Tenant hereby waives any notice now or hereafter required by law with respect to vacating the Demised Premises on any such termination date. 26.04 On the last day of the Term or upon any earlier termination of this Leasethe lease, or upon re-entry by Landlord upon the Demised Premises pursuant to Article 28 hereof, Tenant shall deliver to Landlord Txxxxx’s executed counterparts of all Subleases and any service and maintenance contracts then affecting the Demised Premises, true and complete maintenance records of the Demised Premises, all original licenses and permits then pertaining to the Demised Premises, permanent or temporary certificates of occupancy then in effect for the Building, and all warranties and guarantees then in effect which Txxxxx has received in connection with any work or services performed or equipment installed in the Building together with a duly executed assignment thereof to Landlord, all financial reports, books and records required hereunder and other documents of every kind and nature whatsoever relating to the Demised Premises.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including Upon the expiration or earlier termination of this LeaseSublease, Sublessee shall surrender the Sublease Premises in the same condition and repair as the provisions Sublease Premises were delivered to Sublessee on the Commencement Date, excepting only ordinary wear and tear and damage by fire, earthquake, act of God or the elements and all alterations, improvements or additions which Sublessee is not required to remove pursuant to the terms of this SectionSublease. Sublessee shall professionally clean the Sublease Premises prior to surrender thereof to Sublessor. Sublessee agrees to repair any damage to the Sublease Premises, or the building of which the Sublease Premises are a part, caused by or related to the removal of any articles of personal property, business or trade fixtures, machinery, equipment, cabinetwork, signs, furniture, movable partitions or permanent improvements or additions which Sublessor allows or requires Sublessee to remove, including, without limitation, repairing the floor and patching and/or painting the walls where required by Sublessor to the reasonable satisfaction of Sublessor and/or Master Lessor, all at Sublessee's sole cost and expense. Sublessee shall indemnify Sublessor against any loss or liability resulting from delay by Sublessee in so surrendering the Sublease Premises, including, without limitation, any claims made by the Master Lessor and/or any succeeding tenant founded on such delay. Such indemnity obligation shall survive the expiration or earlier termination of this LeaseSublease.

Surrender. Tenant shall, at 16.01. Lessee shall on the expiration last day of the Term hereof, or sooner upon any earlier termination of Tenant’s right this Lease, or upon any re-entry by Lessor upon the Property pursuant to ARTICLE 17 hereof, surrender and deliver up the Property (except personal property and moveable equipment owned by Lessee and except as Lessor instructs pursuant to ARTICLE 9) and all fixtures, equipment and other personal property now or hereafter at the Property into the possession and use of the Premises, promptly vacate and surrender the Premises Lessor in substantially the same order and condition as delivered to Tenantreceived, reasonable wear and tear, casualty and condemnation excepted, and in conformity with free and clear of any liens created by Lessee or resulting from the applicable provisions acts or omissions of Lessee. Lessee shall at no time during the Term of this Lease including without limitation Sections 8 remove any fixtures, equipment or other personal property from the Property (except personal property and 11, normal wear moveable equipment owned by Lessee and tear and damage except as Lessor instructs pursuant to ARTICLE 9) except Lessee may remove from casualty the Property any equipment or condemnation excepted. Tenant shall have other personal property which is obsolete or unfit for use or which is no right to hold over beyond longer useful in the expiration operation of the Term and if Tenant does not vacate Property. Nothing in this ARTICLE 16 shall in any way be deemed to affect any of Lessee’s obligations as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration use of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions Property set forth in ARTICLE 2 of this Lease Lease. 16.02. If the Property is not surrendered as above set forth, Lessee shall indemnify, defend and thereafter for each successive month at hold Lessor harmless from and against loss or liability resulting from the rate of two hundred percent (200%) of delay by Lessee in so surrendering the sum of the RentProperty, including, without limitation, any claim made by any succeeding occupant founded on such delay. The acceptance of Rent by Landlord Lessee’s obligation to observe or the failure or delay of Landlord in notifying or evicting Tenant following perform this covenant shall survive the expiration or sooner other termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails and in addition to surrender the Premises upon Additional Rent, Lessee shall pay to Lessor a sum equal to 150% of the Net Rent payable as of the expiration or sooner termination of this Lease, Tenant Lease during each month or portion thereof for which Lessee shall indemnify, defend and hold harmless Landlord from all costs, loss, expense remain in possession of the Property or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At part thereof after the end expiration or termination of the Term or sooner termination of TenantLessee’s right rights of possession, whether by lapse of time or otherwise. The provisions of this Paragraph 16.02 shall not be deemed to possession limit or constitute a waiver of the Premises, Tenant shallany other rights or remedies of Lessor provided herein, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises law or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Buildingequity. 16.03. Tenant’s obligation to pay Rent and to perform all other Lease obligations Except for the period up to and including surrender upon the expiration or earlier termination of this Leasethe Term hereof, and the provisions no surrender to Lessor of this Section, Lease or of the Property shall survive the expiration be valid or earlier termination of this Leaseeffective unless agreed to and accepted in writing by Lessor.

Surrender. (a) Except as otherwise provided in Section 2(c) or 14(b), upon the expiration or other termination of the Term, Tenant shall, without notice from Landlord, quit and surrender to Landlord the Subleased Premises, vacant, broom-clean, and in the condition required under the Master Lease. In addition, Tenant shall remove all of its personal property located at or in the Subleased Premises or elsewhere in the Leased Premises or the Building. Any damage caused to the Subleased Premises, the Premises or any other portions of the Building as a result of the removal of Tenant’s personal property shall be repaired by Tenant at its sole cost and expense. Tenant’s obligation to observe or perform this covenant shall survive the expiration of the Term or sooner termination of Tenant’s right the Term. (b) Except for any applicable transition periods pursuant to possession the Transition Rights, which for purposes of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to this Section 18(b) shall not be considered a hold over by Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. if Tenant shall have no right to hold over and remain on the Subleased Premises or fail to remove any of its personal property beyond the expiration or earlier termination of the Term and if Tenant does not vacate as requiredthis Sublease, Tenant’s occupancy such holding over shall not be construed deemed to effect be an extension of this Sublease, and, in addition to any rights Landlord may have under the terms of this Sublease, or constitute anything at law or in equity, Landlord shall be entitled to recover any and all damages including, without limitation, any out-of-pocket costs associated with any repairs, replacements, removal of property or other than similar costs, but excluding any special, indirect, consequential or exemplary damages and any loss of business or profits, whether or not foreseeable) suffered by Landlord as a tenancy at sufferance. During any period result of occupancy beyond the expiration of the Term the amount of rent owed Tenant’s holding over, and Tenant shall also be obligated to pay to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the a per diem amount based on an annual rate of equal to two hundred percent (200%) of the sum Rent payable on the date immediately preceding such holdover for each day thereafter that Tenant remains in occupancy of the RentSubleased Premises. The acceptance Subject to the parenthetical in the immediately preceding sentence regarding the scope of Rent by damages, Tenant shall indemnify and hold Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create harmless from any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its liability, loss, costs and expenses, including including, but not limited to reasonable attorneys’ feesfees and holdover rent and/or other charges payable to Master Lessor for Landlord holding over in the Leased Premises, incurred by Landlord as a result arising out of such holdover. The provisions of this Section shall not constitute a waiver holding over by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Lease.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%a) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including Upon the expiration or earlier termination of this Leasethe Term, Tenant shall (i) peaceably quit and surrender to Landlord the Premises broom clean, in good order, repair and condition excepting only ordinary wear and tear and damage by fire or other insured Casualty; (ii) remove all of Tenant’s Property (including all signage and cabling) and, to the extent specified by Landlord in accordance with Section 11.1(e) above, Alterations made by Tenant, and (iii) repair any damages to the provisions Premises or the Building caused by the installation or removal of Tenant’s Property and/or such Alterations. Tenant’s obligations under this Section, Section 21.1(a) shall survive the expiration or earlier termination of this Lease. (b) No act or thing done by Landlord during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept such surrender shall be valid, unless in writing signed by Xxxxxxxx. Unless otherwise agreed by the parties in writing, no employee of Landlord or of Landlord’s agents shall have any power to accept the keys of the Premises prior to the expiration or earlier termination of this Lease. The delivery of keys to any employee of Landlord or of Landlord’s agents shall not operate as a termination of this Lease or a surrender of the Premises. (c) Notwithstanding anything to the contrary contained herein, Tenant shall, at its sole cost and expense, remove from the Premises, prior to the end of the Term, any item installed by or for Tenant and which, pursuant to Legal Requirements, must be removed therefrom before the Premises may be used by a subsequent tenant. (d) Tenant hereby assigns to Landlord any warranties in effect on the last day of the Term with respect to any fixtures and Alterations remaining in the Premises. Tenant shall provide Landlord with copies of any such warranties prior to the expiration of the Term (or, if the Lease is earlier terminated, within five (5) days thereafter).

Surrender. 22.1 Tenant shallshall on the last day of the Lease Term or on the sooner termination of this Lease peaceably and quietly surrender and yield up to Landlord the entire Premises including any Work, at free and clear of all letting, subleases, occupancies, security agreements, liens or encumbrances (excepting only those which Landlord has specifically consented to remain in effect following the expiration of the Lease Term) in good order and condition, reasonable wear and tear excepted, and subject to the provisions of Articles 17 and 18 hereof. 22.2 On the last day of the Lease Term or on the date of the sooner termination of this Lease, provided no Event of Default by Tenant then exists, Tenant shall have the right to remove its movable personal property (but excluding the personal property of Landlord leased to Tenant pursuant to this Lease) and trade fixtures provided Tenant repairs any damage to the Premises resulting from the removal of same. Any property not removed by Tenant prior to the expiration of the Lease Term shall be deemed abandoned and may be appropriated, sold, destroyed or otherwise disposed of by Landlord without Notice to Tenant and without obligation to account therefor and Tenant shall pay to Landlord upon demand all costs and actual out-of-pocket third party costs and expenses incurred by Landlord in removing, storing or disposing of same and in restoring the Premises. 22.3 If any subtenant of Tenant or anyone holding by, through, or under Tenant should fail to surrender possession of the Premises or any part thereof at the expiration or earlier termination of the Lease Term, the same shall constitute a "holding over" by Tenant. 22.4 Tenant agrees it shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Xxxxxx in surrendering the Premises upon expiration or sooner termination of Tenant’s right the Lease Term, including, without limitation, any claims made by any succeeding tenant founded on such delay, but excluding any delays arising from the gross negligence or willful misconduct of Landlord. The Parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender the Premises will be substantial, will exceed the amount of monthly Annual Rent and Additional Rent theretofore payable hereunder, and will be impossible of accurate measurement. Xxxxxx therefore agrees that if possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does is not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed surrendered to Landlord by Tenant shall automatically extend, at Landlord’s option, for within two (2) days after the first additional month at one hundred fifty percent (150%) date of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Lease Term, then Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by will pay Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance liquidated damages (i) for each of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender first two (2) months during which Xxxxxx holds over in the Premises upon the after expiration or sooner termination of the Lease Term, a sum equal to one and one-half (1 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense Lease during the six (6) month period preceding such expiration or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end termination of the Term Lease Term, and (ii) for the period thereafter during which Xxxxxx holds over in the Premises after expiration or sooner termination of Tenant’s right the Lease Term, a sum per month equal to possession two and one-half (2 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease during the six (6) month period preceding such expiration or termination of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Lease Term. 22.5 Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease 's obligations for the period up to and including the expiration or earlier termination of under this Lease, and the provisions of this Section, Article 22 shall survive the expiration or earlier termination of this Lease.

Surrender. Tenant shall, at the expiration Upon termination of the Lease Term or sooner earlier termination of Tenant’s right to possession of the Premisespossession, promptly vacate and Tenant shall surrender the Premises to Landlord in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal received ordinary wear and tear tear, casualty loss and damage from casualty or condemnation exceptedcovered by Paragraphs 15 and 16 excepted (and without any obligation to deliver the HVAC systems in working condition unless replaced by Tenant) and otherwise in accordance with requirements set forth in herein. Without limiting the foregoing, Tenant shall have no right to hold over beyond remove any odor which may exist in the expiration of the Term and if Tenant does not vacate as required, Premises resulting from Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Leasethe Lease Term or earlier termination of Tenant’s right of possession. Any Trade Fixtures, Tenant-Made Alterations and property not so removed by Tenant as permitted or required herein shall indemnifybe deemed abandoned and may be stored, defend removed, and hold harmless disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from all costs, loss, expense or liability incurred as a result Landlord’s retention and disposition of such holdoverproperty. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, claims made by any succeeding tenant indemnity obligations, payment obligations with respect to Operating Expenses and real estate brokers’ claims all obligations concerning the condition and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession repair of the Premises. Without limiting Tenant’s obligations under the Lease, Tenant shall, at Landlord’s option, acknowledges that it shall have the affirmative obligation to remove all furnitureracking and floor striping from the Premises by or before the expiration or earlier termination of the Lease Term and shall clean all resulting holes and shall fill the same with epoxy flush to the floor’s surface. Additionally, movable trade fixtures without limiting Tenant’s obligations under the Lease, Tenant acknowledges that it shall have the affirmative obligation to cause all office, warehouse, emergency and equipment exit lights to be fully operational with all bulbs and ballasts functioning; all truck doors, service doors, roll up doors and dock levelers serviced and placed in good operating order (including telephonereplacement of any dented truck door panels and adjustment of door tension to insure proper operation, security with all door panels that have been replaced painted to match the building standard); dock seals/dock bumpers to be free of tears and communication equipment system wiring broken backboards; all structural steel columns in the warehouse and cablingoffice to be inspected for damage, with repairs of this nature pre-approved by Landlord prior to implementation; sheetrock (drywall) damage to be patched and fire-taped so that there are no holes in either office or warehouse; walls, carpet and vinyl tiles to be in a clean condition without any holes or chips in them (Landlord will accept normal wear on these items provided they appear to be in a maintained condition); any Tenant-installed equipment to be removed from the roof and roof penetrations properly repaired by licensed roofing contractor approved by Landlord; all exterior signs to be removed and holes patched and paint touched-up as necessary; and all electrical and plumbing equipment to be returned in good condition and workmanlike manner so as repair and conforming to code. Any Trade Fixtures, Tenant-Made Alterations required to be removed by Tenant pursuant to this Lease and all property not to damage the Premises or Building removed within ten (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage10) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including days of the expiration or earlier termination of this LeaseLease shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. The foregoing shall not be construed to limit Landlord’s other remedies in connection with Tenant’s failure to meet its removal and surrender obligations under this Lease. Upon Tenant’s request prior to the provisions expiration or termination of this Sectionthe Lease Term, Landlord shall conduct an inspection of the Premises to identify for Tenant any Tenant maintenance, repair or replacement obligations to the extent they are visually identifiable by Landlord during such inspection. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the expiration or earlier termination of this Leasethe Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises.

Surrender. Tenant shallSubtenant shall keep the Subleased Space, and every part thereof, in good order and repair and Subtenant shall surrender the Subleased Space at the expiration or earlier termination of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises this Sublease in substantially the same order and condition as delivered to Tenantwhen received, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal excepting only ordinary wear and tear and (this exception will not apply to any condition resulting from misuse or improper care or maintenance of the Subleased Space by Subtenant or its agents, employees, contractors or invitees), damage from or loss by casualty or condemnation exceptedand repairs for which Subtenant is not responsible under the terms of this Sublease. Tenant Subtenant shall have no right remove all of the Subtenant Alterations designated by Sublandlord pursuant to hold over beyond Section 10.3 of this Sublease and restore the expiration Subleased Space to the same condition as of the Term Commencement Date. If Subtenant fails to remove the Subtenant Alterations and if Tenant does not vacate as requiredrestore the Subleased Space, Tenant’s occupancy then Sublandlord shall not be construed have the right to effect or constitute anything other than do so, and charge Subtenant the actual costs therefor, plus a tenancy at sufferance. During any period service charge of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty ten percent (15010%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdoverSublandlord. The provisions of this Section shall not constitute a waiver by Landlord of Notwithstanding anything to the contrary contained herein, but without requiring Subtenant to incur any right of reout-entry as set forth in this Lease, nor shall receipt of any Rent of-pocket expense or vacate the Subleased Space or any other act portion thereof, Subtenant agrees to cooperate with Sublandlord in apparent affirmance of the tenancy operate as a waiver of Landlord’s right event Sublandlord is obligated by Master Landlord to terminate this Lease for remove any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration Alterations or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At Cabling at the end of the Term or sooner earlier termination of Tenant’s right thereof. Sublandlord represents to possession of Subtenant that all alterations made to the Premises, Tenant shall, at Subleased Space in connection with the Master Lease prior to the Effective Date have either been completed by Landlord or made with Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leasewritten consent.

Surrender. Tenant shall, at On the expiration last day of the Term of this Lease, including any option term, or upon the sooner termination of Tenant’s right to possession of the Premisesthereof, promptly vacate Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in substantially the same order and condition as delivered to Tenantat the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal reasonable wear and tear and damage from casualty or condemnation excepted. All alterations, additions and improvements (other than Tenant’s business and trade fixtures) which may be made or installed by either Landlord or Tenant upon the Leased Premises. Common Areas shall have no right to hold over beyond remain the expiration property of Landlord and shall remain upon and be surrendered, without disturbance, molestation or injury at the termination of the Term and if Tenant does not vacate as requiredof this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant’s occupancy shall not be construed to effect . On or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond before the expiration last day of the Term Term, Tenant shall remove all equipment and personal property from the amount of rent owed to Landlord Leased Premises and shall repair any damage occasioned by such removal. Any personal property not removed by Tenant shall automatically extendbe deemed abandoned and shall become the property of Landlord; provided, at that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord’s option, for on demand, the first additional month at one hundred fifty percent (150%) cost of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month removal thereof with interest at the rate of two hundred percent ten (20010%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord at the place then fixed for the payment of rent of the sum keys to the Leased Premises shall constitute surrender of the Rent. The premises by Tenant and acceptance of Rent the keys by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied constitute acceptance by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred of such surrender. Such acceptance by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right rights to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination recover damages under terms of this Lease, Tenant . This method of surrender shall indemnify, defend not be exclusive and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right shall be in addition to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination methods of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leasesurrender.

Surrender. Tenant shall, at 20.01. Upon the expiration of the Term or sooner any earlier termination of the Lease, Tenant shall remove Tenant’s right to possession of the Premises, promptly vacate Property and surrender the Demised Premises to Landlord free and clear of all liens and encumbrances, lettings and occupancies, in substantially the same order and condition as delivered to Tenantgood condition, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal ordinary wear and tear and damage from the elements or other casualty or condemnation from causes beyond Tenant’s reasonable control excepted. Notwithstanding the foregoing, Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed required to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond deliver up the expiration Demised Premises free of the Term the amount of rent owed to Landlord following liens, encumbrances, lettings and occupancies: (a) Superior Mortgages, if any; (b) Any liens or encumbrances permitted by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at or consented to by Landlord, including, but not limited to, Permitted Encumbrances (as defined in the rate Installment Sale Agreement); (c) Any sublease or other occupancy agreement, the continuation of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon which beyond the expiration or sooner termination of this Lease, Lease has been consented to in writing by Landlord; If Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense retains possession of the Demised Premises or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At part thereof after the end expiration of the Term or sooner termination without Landlord’s prior consent, Tenant (without prejudice to any of Landlord’s other rights and remedies) shall pay Landlord an amount equal to double the immediately preceding Fixed Rent for the time Tenant thus remains in possession, and Tenant shall pay Landlord all Additional Rent for such period and damages, consequential and direct, sustained by reason of Tenant’s right retention of possession. If Tenant holds over due to possession the exercise of its option to purchase the Demised Premises as set forth in Article 27, the Fixed Rent shall not be doubled and Tenant shall not be liable for damages as long as a settlement date acceptable to Landlord has been scheduled, but rather Tenant shall pay to Landlord rent at the sane monthly rental in effect during the last month of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period lease tern up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leasesettlement date.

Surrender. Tenant shallExcept as set forth Section 17(B) above, at upon the expiration of this Lease, by lapse of time or otherwise, any alterations, improvements or additions erected on and attached to the Term or sooner termination Premises by Tenant shall be and become the property of Tenant’s right to possession of the Premises, promptly vacate Landlord without any payment therefor and Tenant shall surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease (including without limitation Sections 8 all affixed lab benches, fume hoods, electric, plumbing, heating and 11sprinkling systems, normal fixtures and outlets, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment therein), together with all improvements, installed cabling or additions thereon, whether erected by Tenant or Landlord, broom clean, free of personal property, equipment, and/or trade fixtures (including without limitation all Tenant’s Rooftop Equipment and all autoclaves and cage washers) and otherwise in the condition in which the same are required to be maintained hereunder, ordinary wear and tear tear, damage by fire or other casualty and damage from casualty or condemnation repairs which are the responsibility of Landlord excepted. Tenant shall have no right to hold over beyond Any items of personal property left in the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant Premises following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right if such items are not removed within five (5) business days after written notice from Landlord to terminate this Lease for any Event of Default. In addition to the foregoingTenant, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shallmay, at Landlord’s option, remove all furniturebecome the sole and exclusive property of Landlord and this Lease shall act as a xxxx of sale therefor, movable and Landlord may sell or discard such personal property. Landlord shall not have to take any special precautions or measures with regards to any property, equipment and/or trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage left within the Premises or Building (or if any damage is caused and Landlord shall not be deemed a bailee thereof. Without limitation to the Premises or Buildinggenerality of the foregoing, Tenant shallLandlord may discard computers, at Tenant’s expenserecords, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Leasefiles, and data through commercial shredding vendors that certify the provisions destruction and shredding thereof and protection of this Section, shall survive the expiration or earlier termination confidentiality of this Leaseany information contained therein.

Surrender. Tenant shall, at the expiration No act by Landlord shall be an acceptance of the Term or sooner termination of Tenant’s right to possession a surrender of the Premises, promptly vacate and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease Term or earlier termination of Tenant's right of possession, subject to the removal requirements set forth in Paragraph 12(d), Tenant shall surrender the Premises to Landlord in substantially the same order and condition as delivered to Tenantgood usable condition, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11broom clean, normal ordinary wear and tear and damage from casualty or loss and condemnation covered by Paragraphs 15 and 16 excepted. Tenant shall have no right A minimum of [***] ([***]) days prior to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, Landlord and Tenant shall coordinate a joint inspection of the Premises. Any Trade Fixtures, Tenant-Made Alterations and property not removed by Tenant prior to Lease expiration or termination shall be deemed abandoned and may be stored, removed, and disposed of by Landlord (at Tenant's expense if the Lease required removal), and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. If Tenant fails to perform any obligation prior to the expiration or earlier termination of this Lease, Landlord may, but shall not be obligated to, perform such obligation and Tenant shall pay Landlord all costs associated therewith, plus an administrative fee of [***]% of such costs, promptly upon Landlord's delivery to Tenant of an invoice therefor together with reasonably supporting documentation. The provisions of this Section, paragraph shall survive the expiration or earlier termination of this LeaseLease for [***] months after Lease expiration or termination.

Surrender. Tenant Sub-subtenant shall, on or before the Expiration Date, remove all personal property, furniture, trade fixtures and other equipment, provided that the removal of the same does not adversely affect the Building structure or any Building operating system or is not prohibited by the Master Lease, and that Sub-subtenant promptly repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Master Lease. In the event that Sub-subtenant fails to remove any such items as required by this Section 4.2 by the Expiration Date, all such items remaining on the Sub-subleased Premises after the Expiration Date shall be deemed abandoned and Sublandlord may dispose of such items as it sees fit, without liability to Sub-subtenant. Sub-subtenant shall also be responsible for the removal, on or before the Expiration Date, of all alterations as required under the Master Lease installed by Sub-subtenant pursuant to this Sub-sublease and shall be responsible for any associated repair or restoration of the Sub-subleased Premises required under the Master Lease. In all other respects, Sub-subtenant shall deliver the Sub-subleased Premises broom clean, in its condition as of the Commencement Date, reasonable wear and tear and casualty excepted. In no event shall Sub-subtenant remove any of the plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this Section 4.2. Sub-subtenant shall vacate and deliver possession of the Sub-subleased Premises free of all liens, charges or encumbrances resulting from any act or omission on Sub-subtenant’s part, and free and clear of any and all violations of any law, rule or regulation of any federal, state, municipal or other agency or authority by reason of Sub-subtenant’s actions or failures to fulfill any of its obligations under this Sub-sublease (“Violations”). Sub-subtenant shall indemnify Sub-sublandlord against any and all loss, expense, damage, costs or attorneys’ fees arising out of Violations occurring any time on or after the Commencement Date. The voluntary or other surrender of this Sub-sublease by Sub-subtenant, or a mutual cancellation thereof, shall not automatically terminate any sub-sub-subleases or subsequent tenancies or other agreements by which Sub-subtenant has granted rights to third parties to all or any part of the Sub-subleased Premises, but shall, at the expiration option of the Term Sub-sublandlord, either (1) terminate all or sooner termination of Tenant’s right any existing Sub-subleases or Sub-subtenancies or such other agreements, or (2) operate as an assignment to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord Sub-sublandlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any all such reletting or such other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leaseagreements.

Surrender. Tenant No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the expiration option of the Term or sooner termination of Tenant’s right Landlord, operate as an assignment to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Defaultall subleases or subtenancies. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including Upon the expiration or earlier termination of this Lease, Tenant agrees to peaceably surrender the Premises and all improvements therein to Landlord broom clean and in a state of good order, repair and condition, ordinary wear and tear and casualty damage not caused by Tenant (if this Lease is terminated as a result thereof pursuant to Paragraph 16.5) excepted, but in any event with the provisions plumbing, heating, ventilation and air conditioning systems in good working order, together with all of Tenant’s personal property removed from the Premises (except as Landlord may elect as hereinafter provided) and all damage caused by such removal repaired as required by Paragraph 9. At least ninety (90) days prior to the date Tenant is to actually surrender the Premises to Landlord, Tenant agrees to give Landlord notice of the exact date Tenant will surrender the Premises so that Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify personal property which are to remain upon the Premises and which are to be removed by Tenant, as well as any repairs Tenant is to make upon surrender of the Premises as required by this SectionLease. During such ninety (90) day period, shall survive Landlord may, at its option, and at Landlord’s sole cost and expense, retain the expiration services of one or earlier more inspectors or consultants to inspect the Premises and all equipment and fixtures located therein to determine if they are in the condition required for proper surrender by Tenant. If any such inspections disclose any material deficiencies in the condition of the Premises from that required above, Tenant will promptly cause the same to be corrected in a good and workmanlike manner at Tenant’s sole cost and expense prior to the surrender date. The delivery of keys to any employee of Landlord or to Landlord’s agent or any employee thereof alone will not be sufficient to constitute a termination of this LeaseLease or a surrender of the Premises. All personal property and fixtures of Tenant not so removed shall, to the extent permitted under applicable Laws, be deemed to have been abandoned by Tenant and may be appro­pri­ated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items.

Surrender. Not later than 5:00 p.m. on the Termination Date, Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly shall vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity accordance with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Agreement and in accordance with the Lease, including Article 12 thereof, unless such obligations are altered hereunder. Tenant shall remove from the Premises (other than the Subleased Premises) all of its personal property to which it is entitled pursuant to the provisions of the Lease on or before the Termination Date; provided, however, that Tenant shall not remove, and thereafter for each successive month hereby grants to Landlord, title to that certain furniture and equipment itemized and attached hereto as Exhibit A which Tenant has agreed to provide to Landlord hereunder and which Tenant expressly represents and warrants is free and clear of all liens and encumbrances. Notwithstanding anything in the Lease to the contrary, or anything in any consent to any alterations granted by the Landlord with respect to the Premises, Tenant shall not be obligated to remove any alterations, modifications or improvements within the Premises . Tenant, however, will remove the equipment racks in the lab at Landlord’s request. Tenant is hereby released from any surrender obligations with respect to the Subleased Premises. Tenant shall arrange a meeting between Tenant and Landlord at the rate Premises on or before the Termination Date, at which time (i) Tenant shall surrender the Premises in the condition described above to Landlord, and (ii) Tenant shall deliver a Xxxx of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Sale to Landlord in notifying or evicting the form attached hereto as Exhibit B conveying its rights, title and interest in the furniture and equipment on Exhibit A hereto. If Tenant following intends to surrender the expiration or sooner termination of Premises prior to the Term Termination Date, Tenant shall provide Landlord not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneysless than seven (7) days’ fees, incurred by Landlord as a result advance written notice of such holdoverearlier date. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if If Tenant fails to surrender the Premises upon to Landlord in the expiration or sooner termination of this Leasecondition described in the Lease as modified herein, Tenant immediately shall indemnifymake a $100,000 cash payment to Landlord on the Termination Date to replenish the cash security deposit, defend and hold harmless from which Landlord from may make all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At appropriate deductions in accordance with the end terms of the Term or sooner termination of Tenant’s right Lease and applicable law and return any applied amount to possession of Tenant within 45 days following the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this LeaseTermination Date.

Surrender. Tenant shall, at A. On or before the expiration of the Term Expiration Date or any sooner termination of Tenant’s right this Sublease, Subtenant shall remove all of its trade fixtures, personal property and all alterations constructed by Subtenant in the Subleased Premises which are required to possession be removed under the terms of this Sublease or the Premises, promptly vacate Master Lease and shall surrender the Subleased Premises to Sublandlord in substantially the same good condition, order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal repair (reasonable wear and tear and damage from by casualty or condemnation excepted), and fully decommissioned and free of any Hazardous Substances used, stored, released, emitted or disposed of by Subtenant or its agents, employees, contractors or invitees. Tenant Subtenant shall have no right repair any damage to hold over beyond the Subleased Premises caused by Subtenant’s removal of its personal property, furnishings and equipment. If the Subleased Premises are not so surrendered, then Subtenant shall be liable to Sublandlord for all costs incurred by Sublandlord in returning the Subleased Premises to the required condition, plus interest thereon at the Interest Rate. B. In connection with its surrender of the Subleased Premises, Subtenant shall submit to Sublandlord, at least fifteen (15) days prior to the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions date of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building Sublease (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or event of an earlier termination of this LeaseSublease, as soon as reasonably possible following such termination), an environmental assessment of the Subleased Premises by a competent and experienced environmental engineer or engineering firm reasonably satisfactory to Sublandlord (pursuant to a contract approved by Sublandlord and providing that Sublandlord can rely on the provisions environmental assessment). If such environmental assessment reveals that removal, remediation or other clean-up is required under any applicable laws, rules, regulations, orders, permits or licenses, Subtenant shall submit a remediation plan prepared by a recognized environmental consultant and shall be responsible for all costs of this Sectionsuch removal, shall survive the expiration or earlier termination of this Leaseremediation and clean-up.

Surrender. Tenant shall, at the expiration Except as required under Section 23 of the Term or sooner termination Original Lease (regarding removal of Tenant’s right to possession Lines) and except as required under Section 25.5 of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Original Lease and thereafter for each successive month at the rate of two hundred percent Section 3 above (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant regarding Units and any such payments by Tenant may be applied by Landlord against its costs and expensesPackage Units), including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this the Lease, as amended hereby, Tenant shall surrender possession of the original Premises (i.e., Suite 500 and Suite 600) to Landlord in as good condition and repair as exists as of the provisions date of this SectionFirst Amendment, except for reasonable wear and tear, casualty, condemnation and repairs that are Landlord's express responsibility hereunder. Additionally, (a) in the event any Alterations are installed by Tenant in the Premises (i.e., in the original Premises or in the Suite 700 Must Take Space) after the date of this First Amendment which are not approved by Landlord, Tenant shall survive remove such non-approved Alterations upon the expiration or earlier termination of the Lease and repair any damage associated with such removal, and (b) in the event Alterations are installed by Tenant in the Premises after the date of this First Amendment (including, without limitation, any Tenant Improvement Work to be installed in the original Premises and/or the Suite 700 Must Take Space by Tenant in accordance with the Work Letter attached to the Lease as Exhibit B), which are approved by Landlord, Tenant shall not be required to remove such Tenant Improvement Work or Alterations upon the expiration or earlier termination of the Lease (other than non-Building standard office improvements identified by Landlord at the time of Landlord's approval of such Tenant Improvement Work or Alterations). Furthermore, with regard to the Suite 700 Must Take Space, Tenant shall remove any non-Building standard office improvements specified by Landlord for removal in Section 1.10 above. For clarity, nothing contained in this Section 5 shall be construed to limit Tenant's obligation to remove the Lines, Units, or Package Units upon the expiration or earlier termination of the Lease.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including Upon the expiration or earlier termination of this Sublease, Subtenant shall vacate and deliver the Sublease Premises to Sublandlord in the same condition as of the Commencement Date, ordinary wear and tear excepted, provided that Subtenant shall repair all damage to the Sublease Premises as a result of the removal of its personal property and any improvements or alterations required to be removed pursuant to this Sublease. In the event Subtenant fails to comply with the foregoing removal obligations or upon Subtenant being dispossessed by process of law or otherwise, all such property shall be deemed conclusively to be abandoned and Sublandlord may retain, sell, store, destroy or otherwise dispose of the same as Sublandlord so elects in its sole discretion upon prior written notice to Subtenant. Subtenant shall pay Sublandlord on demand all out-of-pocket expenses incurred by Sublandlord in the removal of such property, including, without limitation, the cost of repairing damage to the Sublease Premises caused by the removal of such property and storage charges (if Sublandlord elects to store such property). Further, in the event the end of the Term coincides with the end of the term under the Prime Lease, Subtenant shall provide Sublandlord with reasonable access to the Sublease Premises to allow Sublandlord to fulfill its obligations under the Prime Lease, including, without limitation, removing any improvements or alterations existing in the Sublease Premises prior to the Commencement Date, and Subtenant shall otherwise reasonably cooperate with Sublandlord in connection with the provisions of foregoing. Subtenant’s obligations under this Section, Section 22 shall survive the expiration or earlier termination of this LeaseSublease.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the Upon expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner earlier termination of this Lease, Tenant shall indemnifysurrender to Port the Premises in good order, defend condition, and hold harmless Landlord repair (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 17 and 18 hereof). Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. The Premises shall be surrendered clean, free of debris, waste, and Hazardous Materials, and free and clear of all liens and encumbrances other than liens and encumbrances existing as of the date of this Lease and any other encumbrances created by Port. On or before the expiration or earlier termination of this Lease, Tenant at its sole cost shall remove from all coststhe Premises, lossand repair any damage caused by removal of, expense or liability incurred as a result of such holdoverTenant's Property, including without limitationany signage and Alterations and Improvements specified in Port's Notice of Removal. Except for those designated in Port's Notice of Removal, claims made by any succeeding tenant Alterations and real estate brokers’ claims and attorneys’ feesImprovements shall remain in the Premises as Port property. At If the Premises are not surrendered at the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and in accordance with the provisions of this SectionSection 25 and Section 13.4, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 26.3 below until the Premises are surrendered in accordance with these Sections, and Tenant shall Indemnify Port from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any Claim against Port made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Port due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, reasonable attorneys' fees and costs. No act or conduct of Port, including, but not limited to, the acceptance of the keys to the Premises, shall survive constitute an acceptance of the surrender of the Premises by Tenant before the expiration or earlier of the Term. Only a written notice from Port to Tenant confirming termination of this Lease and surrender of the Premises by Tenant shall constitute acceptance of the surrender of the Premises and accomplish a termination of this Lease.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following Upon the expiration or sooner other termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expensesTerm, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shallwill immediately vacate and surrender possession of the Premises, in good order, repair and condition, except for ordinary wear and tear, any portion of the Premises for which Landlord is responsible for repair and maintenance under the terms of this Lease, and casualty damage governed by Section 10. Upon the expiration or other termination of the Term, or termination of Tenant’s right to possession of the Premises, Tenant agrees to remove (a) all Tenant Alterations (other than the Leasehold Improvements) the removal of which Landlord requested or approved according to Section 7.1 at the time Landlord consented to their installation, and (b) all Specialized Tenant Improvements which Tenant designated for removal according to Paragraph 20 of Exhibit B, (c) all of Tenant’s trade fixtures, office furniture, office equipment and other personal property, and (d) any other specialized tenant improvements installed by and paid for by Tenant, as identified and mutually agreed to in writing by Landlord and Tenant prior to installation. Tenant will repair any damage to the Premises, Buildings and/or Project caused by the installation or removal of any such items or, if Tenant fails to make sure repairs within a reasonable time, Landlord may, at Landlord’s its option, remove all furnituremake sure repairs and Tenant will reimburse Landlord for the reasonable cost of such repair following receipt of demand and reasonable back-up. Notwithstanding the foregoing, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cablingi) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused except pursuant to the Premises or Buildingexpress provisions of this Lease (including, without limitation, Sections 10.1, 12.2(b) and Section 29), Tenant shall, may not unilaterally terminate this Lease prior to the expiration of the Term and (ii) Tenant will be responsible for removing all Telecom Equipment installed by or at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including request at the expiration or earlier termination of this Leasethe Term, and or termination of Tenant’s right to possession of the provisions Premises, in accordance with Section 26.6 below. Any of this Section, shall survive Tenant’s property remaining in the Premises after the expiration or earlier termination of the Term, or termination of Tenant’s right to possession of the Premises, will be conclusively deemed to have been abandoned by Tenant and may be appropriated, stored, sold, destroyed or otherwise disposed of by Landlord without notice or obligation to account to or compensate Tenant, and Tenant will pay Landlord on demand all reasonable costs incurred by Landlord relating to such abandoned property, including the cost to remove or demolish such property. Tenant’s obligations under this Section 15.1 will survive the expiration or early termination of this Lease and no surrender of possession of the Premises by Tenant will limit Tenant’s liability under this Lease. No act or thing done by Landlord or Landlord’s agents during the Term of this Lease will be deemed an acceptance of a surrender of the Premises, unless in writing signed by Landlord. The delivery of the keys to an employee or agent of Landlord will not operate as a termination of this Lease or a surrender of the Premises.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the Upon expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner earlier termination of this Lease, Tenant shall indemnifysurrender the Premises to Landlord in its then improved, defend broom clean condition, subject to ordinary wear and hold harmless Landlord from tear. Except as otherwise provided herein, all costs, loss, expense or liability incurred as Alterations and the Tenant Improvements shall become a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end part of the Term Premises and shall become the property of Landlord upon the expiration or sooner earlier termination of this Lease. Tenant shall not be required to remove any Tenant Improvements (other than cabling) completed prior to the Commencement Date. Tenant shall not be required to remove any Alterations from the Premises unless Landlord conditioned its consent upon such removal by written notice to Tenant at the time Landlord first consented to the Alteration. If Landlord conditioned its consent on Tenant’s right obligation to possession of remove any Alterations from the Premises, Tenant shallshall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at LandlordTenant’s optionsole expense. All business and trade fixtures, remove all machinery and equipment, furniture, movable trade fixtures partitions, wallcoverings, telecommunications equipment, data cabling and equipment (including telephone, security and communication equipment system wiring and cabling) items of personal property owned by Tenant or installed by Tenant at its expense in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to shall be and remain the Premises or Building, Tenant shall, at property of Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including ; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the provisions of this Section, shall survive Premises or the Project caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Lease, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant’s expense (and Tenant shall pay Landlord the cost thereof within thirty (30) days of demand) and thereafter dispose of the same in any manner permitted by applicable Laws.

Surrender. Tenant shall, at On the expiration last day of the Term of this Lease, including any option term, or upon the sooner termination of Tenant’s right to possession of the Premisesthereof, promptly vacate Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in substantially the same order and condition as delivered to Tenantat the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal reasonable wear and tear excepted. All alterations, additions, and damage from casualty improvements other than business and trade fixtures which may be made or condemnation exceptedinstalled by either Landlord or Tenant upon the Leased Premises or in common areas including business and trade fixtures installed by Tenant pursuant to Section 3.5, shall remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Tenant shall have no right remove all equipment and personal property and shall repair any damage occasioned by such removal. Tenant may elect to hold over beyond surrender any chemical fume hoods installed and considered in fair condition at the expiration time of surrender within the Term and if Tenant does Leased Premises. Any personal property not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord removed by Tenant shall automatically extendbe deemed abandoned and shall become the property of Landlord; provided, at that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord’s option, for on demand, the first additional month at one hundred fifty percent (150%) cost of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month removal thereof, with interest at the rate of two hundred percent ten (20010%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord at the place then fixed for the payment of rent of the sum keys to the Leased Premises shall constitute surrender of the Rent. The premises by Tenant and acceptance of Rent the keys by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied constitute acceptance by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred of such surrender. Such acceptance by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right rights to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination recover damages under terms of this Lease, Tenant . This method of surrender shall indemnify, defend not be exclusive and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right shall be in addition to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination methods of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Leasesurrender.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof, including, but not limited to, all interior walls cleaned, all interior painted surfaces repainted in the original color, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment in operating order and in good repair, and all floors cleaned, waxed, and free of any Tenant-introduced marking or painting, all to the provisions reasonable satisfaction of this Section, Landlord. Tenant shall survive not commit or allow any waste or damage to be committed on any portion of the expiration Premises or earlier Building. All property that Tenant is required to surrender shall become Landlord's property upon the termination of this Lease. Landlord may cause any of said personal property that is not removed from the Premises within thirty (30) days after the date of any termination of this Lease to be removed from the Premises and store at Tenant's expense, or at Landlord's election said personal property thereafter shall belong to Landlord without the payment of any consideration, subject to the rights of any person holding a perfected security interest therein. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant's failure to give such notice or participate in such joint inspection, Landlord's inspection at or after Tenant's vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant's responsibility for repairs and restoration.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right SUBTENANT hereby agrees to possession of the Premises, promptly vacate and surrender the Leased Premises in substantially the same order good condition and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11repair, normal wear and tear and damage from casualty or condemnation excepted. Tenant Notwithstanding anything herein to the contrary (except if required by law), SUBTENANT shall be required to have performed a Phase 1 environmental audit upon the termination or expiration of this Sublease at its sole expense. SUBTENANT shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate in the event SUBTENANT shall fail to deliver possession of the Leased Premises as requiredherein provided, Tenant’s such occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord SUBLANDLORD by Tenant SUBTENANT shall automatically extend, at Landlord’s option, for the first additional month at become one hundred fifty percent (150%) of the sum of the Annual Rent as those sums are at that time calculated under the provisions of this Lease the Sublease. If SUBTENANT fails to surrender the space within thirty (30) days of the termination date, SUBLANDLORD may elect to automatically extend the Term for an additional month or additional year, at SUBLANDLORD’s option, with an Annual Rent of one hundred and thereafter for each successive month at the rate of two hundred fifty percent (200150%) of the sum of the RentAnnual Rent as those sums are at that time calculated under the provisions of the Sublease. The acceptance of Rent rent by Landlord SUBLANDLORD or the failure or delay of Landlord SUBLANDLORD in notifying or evicting Tenant SUBTENANT following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant SUBTENANT and any such payments by Tenant SUBTENANT may be applied by Landlord SUBLANDLORD against its costs and expenses, including reasonable attorneys’ fees, attorney’s fees incurred by Landlord SUBLANDLORD as a result of such holdover. The provisions of this Section Paragraph shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon survive the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this LeaseSublease.

Surrender. Tenant shall, at 20.1 Upon the expiration last day of the Term term of this Lease, or the sooner termination of Tenant’s right to possession of the Premisesthereof, promptly vacate Tenant shall quit and surrender the Demised Premises to Landlord in substantially the same order good order, condition and condition as delivered to Tenantrepair, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal except for ordinary wear and tear tear; and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration Demised Premises and the remainder of the Term and if Tenant does not vacate as required, Tenant’s occupancy Real Estate shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord free of any right of re-entry as set forth and all hazardous substances, wastes or conditions and shall be in this Lease, nor shall receipt compliance with all applicable Laws of any Rent Environmental Authority with respect to any hazardous substances or wastes for which Tenant is responsible hereunder or pursuant to any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right Law. 20.2 Prior to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises or upon the expiration or sooner termination of this Lease, Tenant Tenant, at its own cost and expense shall indemnifyremove from the Demised Premises all trade fixtures, defend and hold harmless Landlord partitions, equipment, personal property, or other improvements required to be removed from all costs, loss, expense or liability incurred as a result of the Demised Premises pursuant to Article 13 without injury to the Demised Premises. All such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At property that is not removed from the end of Demised Premises prior to the Term expiration or sooner termination of Tenant’s right to possession of the Premises, Tenant shallthis Lease shall be, at the election of Landlord and with absolutely no liability whatsoever to Tenant or any Sublessee, either (a) retained or disposed of by Landlord as its own property without any obligation whatsoever to Tenant or any Sublessee or (b) removed from the Demised Premises and disposed of by any means whatsoever by Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s sole cost and expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. . 20.3 Tenant’s obligation to pay Rent and to perform all other Lease obligations for observe the period up to and including the expiration or earlier termination of covenants contained in this Lease, and the provisions of this Section, Article shall survive the expiration or earlier sooner termination of this Lease. 20.4 Notwithstanding anything to the contrary contained herein, if the last day of the term of this Lease or any renewal or extension thereof falls on Sunday, this Lease shall expire at noon the preceding Saturday; if the last day of the term of this Lease or any renewal or extension thereof falls on a Legal Holiday, this Lease shall expire at noon on the preceding business day.

Surrender. On the Expiration Date or upon the termination hereof upon a day other than the Expiration Date, Tenant shallwill peaceably surrender the Premises in good order, condition and repair (reasonable wear and tear only excepted); in broom clean condition; office/restroom area vacuumed and cleaned. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Tenant will, at its expense, remove all trade fixtures, personal property and equipment and signs from the Premises and any property not removed will be deemed to have been abandoned. Any damage caused in the removal of such items will be repaired by Tenant and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which have been made or installed by Landlord or Tenant upon the Premises and all floor covering so installed will remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease. If the Premises are not surrendered on the Expiration Date or the date of termination, Tenant shall indemnifywill indemnify Landlord against loss or liability, defend and hold harmless Landlord from all costsclaims, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant founded on such delay. Tenant will promptly surrender all keys for the Premises to Landlord at the place then fixed for payment of rent and real estate brokers’ claims will inform Landlord of combinations of any locks and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of safes on the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Lease.

Surrender. Tenant shall12.1 On the Expiration Date, at or upon the expiration earlier termination of the Term Sublease or sooner termination of TenantSubtenant’s right to possession of the Sublease Premises, promptly vacate unless Subtenant is obtaining a direct lease with Sublandlord pursuant to the Master Consent, Subtenant will at once surrender and surrender deliver up the Premises Sublease Premises, together with all improvements thereon (subject to Subtenant’s removal and restoration obligations regarding Alterations set forth in substantially the same order Section 11 above), to Sublandlord in as good condition and condition repair as when delivered to TenantSubtenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal reasonable wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right Conditions existing because of Subtenant’s failure to hold over beyond the expiration perform maintenance, repairs or replacements as required of the Term and if Tenant does not vacate as required, Tenant’s occupancy Subtenant under this Sublease shall not be construed deemed “reasonable wear and tear.” Subtenant shall surrender to effect Sublandlord all keys to the Sublease Premises and make known to Sublandlord the combination of all combination locks which Subtenant is permitted to leave on the Sublease Premises. 12.2 All Alterations in or constitute anything other than upon the Sublease Premises made by Subtenant and not removed or required to be removed hereunder shall become a tenancy part of and shall remain upon the Sublease Premises upon such termination without compensation, allowance or credit to Subtenant. At Sublandlord’s written request Subtenant shall restore the Sublease Premises to their condition prior to the making of such Alterations and repair any damage occasioned by such removal or restoration. If Subtenant is permitted or required to remove any Alteration or a portion thereof, and Subtenant does not complete such removal in accordance with this Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at sufferanceits election, warehouse the same. During any period Subtenant shall pay the costs of occupancy beyond the expiration of the Term the amount of rent owed such removal, repair and warehousing on demand, plus an administrative fee equal to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty ten percent (15010%) of such costs, on demand. 12.3 As between Sublandlord and Subtenant, Subtenant shall not be required to remove any Alterations performed by Sublandlord prior to the sum Commencement Date (“Sublandlord Alterations”) or to restore the Sublease Premises to their condition as of the Rent as those sums are at that time calculated date of this Sublease. If Sublandlord is required under the provisions Master Lease to remove any Sublandlord Alterations performed prior to the Commencement Date, Subtenant shall permit Sublandlord to enter the Sublease Premises for a reasonable period of this Lease and thereafter for each successive month at time prior to the rate of two hundred percent (200%) expiration date of the sum Master Lease for the purpose of removing Sublandlord Alterations and restoring the Rent. The acceptance of Rent Sublease Premises as required by Landlord the Master Lease. 12.4 On the Expiration Date, or upon the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner earlier termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result Sublease or of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of TenantSubtenant’s right to possession of the Sublease Premises, Tenant shallunless Subtenant is obtaining a direct lease with Sublandlord pursuant to the Master Consent, Subtenant shall remove Subtenant’s articles of personal property incident to Subtenant’s business which are not affixed to the Sublease Premises (“Trade Fixtures”); provided, however that Subtenant shall repair any injury or damage to the Sublease Premises which may result from such removal, and shall restore the Sublease Premises to the same condition as prior to the installation thereof. If Subtenant does not remove Subtenant’s Trade Fixtures from the Sublease Premises on or before the Expiration Date or the earlier termination of Subtenant’s right to possession, Sublandlord may, at Landlord’s its option, remove all furniture, movable trade fixtures the same (and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if repair any damage is caused to occasioned thereby and restore the Sublease Premises or Building, Tenant shall, at Tenant’s expense, repair such damageas aforesaid) and in such manner so as not to disturb other tenants in dispose thereof or warehouse the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Leasesame, and Subtenant shall pay the provisions cost of such removal, repair, restoration or warehousing, plus an administrative fee equal to ten percent (10%) of such costs, to Sublandlord on demand, or Sublandlord may treat said Trade Fixtures as having been conveyed to Sublandlord with this SectionSublease acting as a Bxxx of Sale therefor, shall survive the expiration without further payment or earlier termination of this Leasecredit by Sublandlord to Subtenant.

Surrender. Tenant shall, at Section 4.1 On the expiration last day of the Term or sooner termination of Tenant’s right to possession term hereof, as it may be extended by LESSEE'S exercise of the Premisesrenewal option contained in Section 1 .3 hereof, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During upon any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, or upon any legally justified reentry by LESSOR upon the Demised Premises, LESSEE shall surrender the Demised Premises, together with all improvements located thereon and, except as provided for at Section 4.2, all fixtures and articles of personal property attached to the building at the Demised Premises and which are the property of LESSEE and let LESSOR into the possession and use of the Demised Premises without delay, and subject to the provisions of Section 4.2 hereof, in good order, condition and repair, reasonable wear and tear excepted, and free and clear of all liens and encumbrances other than those, if any, permitted by this SectionLease or created or consented to by LESSOR. Section 4.2 Where furnished by or at the expense of LESSEE, furniture, trade fixtures and business equipment, may be removed by the LESSEE; provided, however, that LESSEE shall survive not be in default on any covenants of this Lease and LESSEE shall with due diligence, and without expense to LESSOR, cause the expiration or earlier Demised Premises to be restored to the condition prior to such removal and cause any injury due to such removal to be repaired promptly upon the termination of this Lease. Section 4.3 Any personal property of LESSEE or any sublessee which shall remain in the Demised Premises after the termination of this Lease may, at the option of LESSOR, be deemed to have been abandoned by LESSEE or such sublessee and either may be retained by LESSOR as its property or be disposed of without accountability in such manner as LESSOR may deem fit. Section 4.4 LESSOR shall not be responsible for any loss or damage occurring to any property owned by LESSEE.

Surrender. Tenant shall, at At the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner earlier termination of this Lease, without the requirement of any notice, Tenant shall indemnify, defend peaceably surrender the Premises including all alterations and hold harmless Landlord from additions thereto and all costs, loss, expense or liability incurred as a result of such holdoverreplacements thereof, including without limitationcarpeting, claims made by any succeeding tenant water or electricity meters, and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephonepartitions, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises any way bolted or Building (or if any damage is caused otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord's approval for such alterations and additions (other than cabling, which Tenant shall always be required to remove on or Building, Tenant shall, at Tenant’s expense, repair such damagebefore the day that is fifteen (15) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including Business Days after the expiration or earlier termination of this Lease), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear. Tenant shall, at the time of termination, remove the goods, effects and trade fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this SectionSection 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and trade fixtures within ten (10) days after notice by Landlord, the same shall survive be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant's expense. In the expiration or earlier termination event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this LeaseLease then Landlord may, without notice, store Tenant's personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Surrender. Tenant shall, at the expiration of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenant, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted14.2.1. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including Upon the expiration or earlier termination of this Leasethe Term, the Tenant shall surrender the Premises to the Landlord in good order and repair (damages reasonably beyond the Tenant's control and ordinary wear and tear excepted), and broom clean; and 14.2.2. any and all improvements, repairs, alterations and all other property attached to, used in connection with or otherwise installed upon the provisions Premises (a) shall immediately upon the completion of this Sectionthe installation thereof, be and become the Landlord's property without payment therefore by the Landlord, and (b) shall survive be surrendered to the landlord upon the expiration or earlier termination of the Term, except that any machinery, equipment or fixtures installed by the Tenant and used in the conduct of the Tenant's trade or business (rather than to service the Premises or any of the remainder of the Building or the Property generally) shall remain the Tenant's property and shall be removed by the Tenant within five (5) days after the expiration or earlier termination of the term, and the Tenant shall promptly thereafter fully restore any of the Premises or the Building damaged by such installation or removal thereof. All such machinery, equipment or fixtures installed by Tenant and all furniture, inventory and effects on the Premises after the end of such five day period will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by the Landlord without written notice to the Tenant or any other person and without obligation to account for such property. The Tenant shall pay the Landlord for all expenses incurred in connection with the storage or the removal of such property, including, but not limited to the cost of repairing any damage to the building or Premises caused by the removal of such property. The Landlord shall not be responsible for the care or safekeeping of such property, and the Tenant hereby waives any and all loss, destruction and/or damage or injury which may be occassioned by any of the aforesaid acts. Lessor's obligation to observe and perform this covenant will survive the expiration or other termination of the Lease.

Surrender. On the last day of the Term of this Lease Agreement or on the sooner termination thereof in accordance with the terms hereof, Tenant shallshall peaceably surrender the Premises in good condition and repair consistent with Tenant's duty to make repairs as provided in Article 9 hereof. On or before said last day, Tenant shall at its expense remove all of its equipment from the Premises, repairing any damage caused thereby, and any property not removed shall be deemed abandoned. All alterations, additions and fixtures other than Tenant's trade fixtures, which have been made or installed by either Landlord or Tenant upon the Premises shall remain as Landlord's property and shall be surrendered with the Premises as a part thereof, or shall be removed by Tenant, at the option of Landlord, in which event Tenant shall at its expense repair any damage caused thereby. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring installed by Tenant within the Premises (hereafter "Wiring") shall be removed at Tenant's cost at the expiration of the Term, unless Landlord has specifically requested in writing that said Wiring shall remain, whereupon said Wiring shall be surrendered with the Premises as Landlord's property. If the Premises are not surrendered at the end of the Term or the sooner termination of Tenant’s right to possession of thereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, promptly vacate and surrender the Premises in substantially the same order and condition as delivered to Tenantincluding, and in conformity with the applicable provisions of this Lease including without limitation Sections 8 and 11, normal wear and tear and damage from casualty or condemnation excepted. Tenant shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease and thereafter for each successive month at the rate of two hundred percent (200%) of the sum of the Rent. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the Premises to Landlord at the place then fixed for payment of rental and real estate brokers’ claims shall inform Landlord of combinations on any locks and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of safes on the Premises, Tenant shall, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, and the provisions of this Section, shall survive the expiration or earlier termination of this Lease.

Surrender. Tenant shall, at shall on the expiration last day of the Term Term, or sooner upon any earlier termination of Tenant’s right to possession of this Lease, quit and peacefully surrender and deliver up the Premises, promptly vacate including the Tenant Improvements and surrender all other improvements to the Premises in substantially Premises, to the same order possession and condition as delivered to Tenant, use of the Landlord without delay and in conformity with the applicable provisions of this Lease including without limitation Sections 8 good order, condition and 11, normal repair (excepting only reasonable wear and tear and damage from a Taking or from a fire or other casualty after the last repair, replacement, restoration or condemnation exceptedrenewal required to be made by Tenant, all as provided under this Lease) and in accordance with the Brand Standards. Tenant The Premises shall have no right to hold over beyond the expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated be free and clear of all leases and occupancies, except as may be permitted under the provisions this Lease. The Premises shall be surrendered free and clear of this Lease all liens and thereafter for each successive month encumbrances other than those existing at the rate of two hundred percent (200%) commencement of the sum of Term, or created or suffered by the Rent. The acceptance of Rent by Landlord or permitted hereunder and shall be surrendered without any payment by the failure or delay Landlord on account of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent Improvements or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At the end of the Term or sooner termination of Tenant’s right to possession of improvements which may be on the Premises, Tenant shall, . Upon or at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations for the period up to and including time after the expiration or earlier termination of this Lease, subject to the rights of any subtenant or other occupant under a non-disturbance and attornment agreement executed by the Landlord and such subtenant or occupant pursuant to Section 11.02, the Landlord may, without further notice, enter upon and re-enter the Premises and possess and repossess itself thereof, by force, summary proceedings, ejectment or otherwise, and may dispossess Tenant and remove Tenant and all other persons and property from the Premises, and may have, hold and enjoy the Premises and the provisions right to receive all income from the same. Upon termination of this SectionLease, whether at the end of the Term or upon any earlier termination, all Building Equipment, and the portion of the FF&E located on the Hotel portion of the Premises and other personal property then located on the Hotel portion of the Premises shall be surrendered to and become the property of the Landlord. Notwithstanding the foregoing, upon the expiration of the Term or upon an earlier termination of the Lease for any reason other than an Event of Default, FF&E in the Casino and other movable personal property and trade fixtures installed at the expense of Tenant or any sublessee, but excluding any Building Equipment or Hotel Property, may be removed by Tenant or such sublessee, and shall not be deemed to be attached to the freehold nor the property of, nor surrendered to, Landlord, provided that the removal of any such property does not structurally injure the Tenant Improvements, necessitate changes in the Tenant Improvements or render the Tenant Improvements or any part thereof unfit for use and occupancy. Tenant shall pay the cost of repairing any damage to the Premises or Tenant Improvements arising from the removal of such property, and such obligation shall survive the Term. All such property not so removed by the expiration or earlier termination of the Term shall be deemed abandoned by Tenant and sublessees, and may be retained by Landlord as its property or disposed of in such manner as Landlord sees fit with the right to retain any proceeds therefrom as its own. Within one (1) year prior to the end of the Term. Tenant shall provide Landlord with a list of FF&E and other movable personal property and trade fixtures that Tenant intends to remove upon expiration or earlier termination of this LeaseLease for any reason other than an Event of Default.

Surrender. Tenant shall, at 16.1 Lessee shall on the expiration last day of the Term hereof, or sooner upon any earlier termination of Tenant’s right this Lease, or upon any re-entry by Lessor upon the Property pursuant to ARTICLE 17 hereof, surrender and deliver up the Property (except personal property and moveable equipment owned by Lessee and except as Lessor instructs pursuant to ARTICLE 9) and all fixtures, equipment and other personal property now or hereafter at the Property into the possession and use of the Premises, promptly vacate and surrender the Premises Lessor in substantially the same order and condition as delivered to Tenantreceived, reasonable wear and tear, casualty and condemnation excepted, and in conformity with free and clear of any liens created by Lessee or resulting from the applicable provisions acts or omissions of Lessee. Lessee shall at no time during the Term of this Lease including without limitation Sections 8 remove any fixtures, equipment or other personal property from the Property (except personal property and 11, normal wear moveable equipment owned by Lessee and tear and damage except as Lessor instructs pursuant to ARTICLE 9) except Lessee may remove from casualty the Property any equipment or condemnation excepted. Tenant shall have other personal property which is obsolete or unfit for use or which is no right to hold over beyond longer useful in the expiration operation of the Term and if Tenant does not vacate Property. Nothing in this ARTICLE 16 shall in any way be deemed to affect any of Lessee’s obligations as required, Tenant’s occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration use of the Term the amount of rent owed to Landlord by Tenant shall automatically extend, at Landlord’s option, for the first additional month at one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions Property set forth in ARTICLE 2 of this Lease Lease. 16.2 If the Property is not surrendered as above set forth, Lessee shall indemnify, defend and thereafter for each successive month at hold Lessor harmless from and against loss or liability resulting from the rate of two hundred percent (200%) of delay by Lessee in so surrendering the sum of the RentProperty, including, without limitation, any claim made by any succeeding occupant founded on such delay. The acceptance of Rent by Landlord Lessee’s obligation to observe or the failure or delay of Landlord in notifying or evicting Tenant following perform this covenant shall survive the expiration or sooner other termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys’ fees, incurred by Landlord as a result of such holdover. The provisions of this Section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease, nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for any Event of Default. In addition to the foregoing, if Tenant fails and in addition to surrender the Premises upon Additional Rent, Lessee shall pay to Lessor a sum equal to 150% of the Net Rent payable as of the expiration or sooner termination of this Lease, Tenant Lease during each month or portion thereof for which Lessee shall indemnify, defend and hold harmless Landlord from all costs, loss, expense remain in possession of the Property or liability incurred as a result of such holdover, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. At part thereof after the end expiration or termination of the Term or sooner termination of TenantLessee’s right rights of possession, whether by lapse of time or otherwise. The provisions of this Paragraph 16.02 shall not be deemed to possession limit or constitute a waiver of the Premises, Tenant shallany other rights or remedies of Lessor provided herein, at Landlord’s option, remove all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises law or Building (or if any damage is caused to the Premises or Building, Tenant shall, at Tenant’s expense, repair such damage) and in such manner so as not to disturb other tenants in the Building. Tenant’s obligation to pay Rent and to perform all other Lease obligations equity. 16.3 Except for the period up to and including surrender upon the expiration or earlier termination of this Leasethe Term hereof, and the provisions no surrender to Lessor of this Section, Lease or of the Property shall survive the expiration be valid or earlier termination of this Leaseeffective unless agreed to and accepted in writing by Lessor.