Common use of Surrender Clause in Contracts

Surrender. Upon the termination of this Lease, Tenant shall peaceably surrender the Property to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Surrender. Upon At the expiration or other termination of this Lease, Tenant shall peaceably surrender (i) remove all Tenant’s goods and effects, but including only those fixtures, furnishings and articles of personal property which are not any part of the Property to heating, ventilation, air conditioning, electric or plumbing systems not approved in advance for removal by Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination Premises and repair all its property that is capable of removal without causing damage to the Property, 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 property of , (ii) at Landlord. Landlord may thereafter cause such property to be removed ’s election under Section 11 above remove Landlord-designated articles and disposition and the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything fixtures added to the contrary contained herein, upon termination of this Lease pursuant to a default Premises by Tenant, and (iii) restore the heatingPremises to its condition at the Term Commencement Date, ventilation or such better condition as the Premises may have thereafter been placed, reasonable wear and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over damage by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Leaseinsured casualty loss only excepted. Notwithstanding the foregoing, Tenant shall not be required to make any holding over without structural changes to the Building to accomplish the foregoing unless the same has been made by Tenant with Landlord's consent ’s consent. Title to all fixtures and additions required by this Lease to remain at the Premises at the end of the Term shall entitle Landlord, vest in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided Landlord free from any claim by law Tenant or in equityany party claiming through Tenant. If Tenant fails to surrender the Property upon the At termination or expiration of this Lease, in addition to any other liabilities Tenant shall deliver to Landlord accruing therefromfull possession of the Premises, and all keys and locks thereto, in the condition required above. In the event of Tenant’s failure to remove any of Tenant’s property from the Premises, same shall be considered to have been abandoned by Tenant shall protect(and its subtenants), defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, includingis hereby authorized, without limitationliability to Tenant for loss or damage thereto, and at the sole risk and expense of Tenant, to (a) remove and store any of that property at Tenant’s expense, or (b) retain Tenant’s property under Landlord’s control, or (c) without further accounting to Tenant, sell at public or private sale, without notice, any claims made by or all of Tenant’s property not so removed and to apply the net proceeds of such sale to the payment of any succeeding tenant founded upon sum due from Tenant hereunder, or (d) to otherwise remove, discard or destroy such failure property, without liability or accounting to surrender and any lost profits to Landlord resulting therefromTenant or its subtenants.

Surrender. Upon the expiration of the Term or earlier termination of this LeaseTenant’s right of possession, Tenant shall peaceably surrender the Property Premises to Landlord in the same condition as received, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which they were received from Landlord at such access card was used or changing the commencement of this Leaselock or locks opened by such lost key. Any Tenant’s Property, except as altered Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, Landlord at Tenant's ’s expense, shall at and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such times property. All obligations of removal, repair any damage caused by such removal. Property Tenant hereunder not so removed shall become fully performed as of the 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 pursuant to a default by Tenantthe Term, including the heatingobligations of Tenant under Section 30 hereof, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after survive the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failureTerm, including, without limitation, any claims made by any succeeding tenant founded upon such failure indemnity obligations, payment obligations with respect to surrender Rent and any lost profits to Landlord resulting therefromobligations concerning the condition and repair of the Premises.

Surrender. Upon If ▇▇▇▇▇▇ has complied fully with all the termination terms, covenants and conditions of this Lease, Tenant shall peaceably surrender the Property to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and the Regulations, ▇▇▇▇▇▇ may surrender, at any time and from time to time, this Lease in its entirety or with respect to any portion of the land described in this Lease. For the purposes hereof, if there are no deficiencies with respect to the land to be surrendered pertaining to public health, safety, conservation of resources and preservation of the environment, Lessee will be deemed to have complied fully with all of the terms, covenants and conditions of this Lease and the Regulations if Lessee shall have paid all rents and royalties due hereunder and an additional two years' rent for all of the leased lands or, in the event of a partial surrender, two years' rent prorated by reference to that portion of land described in this Lease which is to be surrendered. No deficiencies shall be deemed to exist unless, within sixty (60) days after delivery of the document of surrender, the Lessor has notified the Lessee in writing of any deficiency claimed to exist. If there are no deficiencies as aforesaid, such surrender shall be effective as of the delivery to Lessor of the document of surrender executed by ▇▇▇▇▇▇ describing this Lease or that portion of the leased lands which is to be surrendered. If there are claimed deficiencies with respect to the land to be surrendered pertaining to public health, safety, conservation of resources and preservation of the environment at the time of delivery of the document, such surrender shall not become fully effective until such time as such deficiencies have been corrected or determined not to exist. However, provided that if Lessee corrects such deficiencies within sixty (60) days of notification thereof, or if the deficiencies cannot be corrected within sixty (60) days, commences in good faith and thereafter proceeds diligently to correct such deficiencies, then, in such case, although the surrender shall not be fully effective upon delivery of the document of surrender, the Lessee shall be relieved of any other or further obligations and liability as to this Lease or as to that portion of the leased lands which has been submitted for surrender, whether such liabilities or duties arise out of this Lease or the Regulations, including, without limiting the generality of the foregoing, all obligations to pay rent, to commence mining operations or to be diligent in exploration or development of geothermal resources. During the notification and correction periods above described, this Lease shall not be subject to revocation by the Lessor except for ordinary wear a failure by the Lessee after notification to correct such deficiencies within the time period and tearin the manner hereinabove described or a breach of the terms of this Lease as to any of the remaining leased lands or rights retained by the Lessee; provided, however, that should Lessee contest the validity of any claimed deficiency, the Lessee's obligations to correct shall be suspended pending appeal to and determination by a court of final jurisdiction. Tenant Except as aforesaid, nothing herein contained shall remove from constitute a waiver of any liability or duty the Property Lessee may have with respect to the land or Lease surrendered as a result of any activity conducted on the leased land or under this Lease prior to such termination surrender. Upon the surrender of this Lease as to all its property that is capable or any portion of removal without causing damage to the Propertyland covered thereby, and, at Tenant's expense, shall at such times of removal, repair or upon any damage caused by such removal. Property not so removed shall become the 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 other termination of this Lease except by revocation, the Lessee shall be entitled to all equipment, buildings, and plants placed in and on the leased lands and the Lessor may require the Lessee to remove the same and restore the premises to a similar condition prior to any development or improvements, to the extent reasonably possible. This Lease may also be surrendered if as a result of a final determination by a court of competent jurisdiction, the Lessee is found to have acquired no rights in or to the minerals on reserved lands, nor the right to exploit the same, pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, and, in addition such event, the Lessor shall pay over to any other liabilities the person entitled thereto the rentals, royalties and payment paid to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure the Lessor pursuant to surrender and any lost profits to Landlord resulting therefromthis Lease.

Surrender. Upon On the termination last day of the term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Property to Landlord Leased Premises and all improvements thereon in the same condition in which they were received from Landlord as at the commencement of this Lease, except as altered as permitted or required by this Lease in good order, condition and except for ordinary repair, fire and other unavoidable casualty, and reasonable wear and teartear excepted. All alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant shall remove from upon the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's expenseLeased Premises, shall at such times of removal, repair any damage caused by such removal. Property not so removed shall become remain the property of LandlordLandlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, 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. Landlord may thereafter cause such Any personal property to be not removed and disposition and the cost of repairing any damage caused by such removal Tenant shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the prime interest rate established by U.S. Bank National Association or its successors or assigns. Any holding over The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the Property after keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the expiration or earlier contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the term property of Tenant then 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 any extensions thereofto secure the payment of damages, with the consent and Landlord may retain possession of Landlord, such property until payment in full of said amounts. Said lien shall operate and not be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained defeated by placing such property in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equitystorage. If Tenant fails to surrender the Property upon has not redeemed said property within ninety (90) days after the termination or expiration of this said Lease, Landlord may sell such property at public or private sale without further notice to Tenant, and shall apply in addition a reasonable manner determined by Landlord the proceeds of sale to any other liabilities reduce the amounts then owed from Tenant to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromLandlord.

Surrender. Upon If the termination Landlord accepts the Tenant’s offer to surrender the whole or any part of this Leasethe Leased Premises pursuant to Section 11.02, the Tenant shall peaceably surrender do so upon the Property to Landlord date specified in the same condition in which they were received from Landlord at notice of offer to surrender accepted by the commencement Landlord. If the whole of this Lease, except as altered as permitted or the Leased Premises is required by to be surrendered all rent and other sums payable under this Lease shall be apportioned and except paid to the date of surrender. If a part of the Leased Premises is required to be surrendered, all rent and other sums payable under this Lease which are fairly attributable to such part shall be apportioned by the Landlord and paid to the date of surrender of such part and Basic Rent for ordinary wear the remaining portion of the Leased premises not so surrendered shall thereafter ▇▇▇▇▇ and tear. become adjusted consistent with such attribution made by the Landlord, and the Tenant shall remove from compensate the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 property of Landlord. Landlord may thereafter cause such property to be removed and disposition and for the cost of repairing any damage caused by such removal partitioning off the part of the Leased Premises required to be surrendered and providing necessary and appropriate new entrances thereto, separate services thereto and doing all other work required to enable the part so surrendered to become functionally separate and suitable for separate use and occupancy. The Tenant shall be borne responsible for any appropriate modifications which are necessary in the remaining portion of the Leased Premises retained by the Tenant. Notwithstanding anything The provisions of this Section 11.01 shall apply to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant surrendered part of the Property after Leased Premises as if such part were the expiration or earlier termination whole of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromLeased Premises.

Surrender. A. Upon the termination of this Lease, Tenant shall peaceably surrender the Property to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, Tenant shall surrender the Demised Premises in addition the same condition as existed at the Commencement Date, except for normal wear and tear and damage caused by the fire or other casualty; provided, however, that nothing in this Paragraph 31 is intended to change or diminish Tenant's obligations under any other liabilities part of this Lease. Tenant shall remove the Alterations it is required to Landlord accruing therefromremove pursuant to the terms of Paragraph 8 hereof. Any damage to the Demised Premises resulting from the removal of such Alterations shall be repaired by Tenant at Tenant's expense. If the Demised Premises be not surrendered as above set forth, Tenant shall protectindemnify, defend, indemnity defend and hold Landlord harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities against loss or liability resulting from such failurethe delay by Tenant in so surrendering the Demised Premises, including, without limitation, limitation any claims claim made by any succeeding tenant occupant founded on such delay. All property of Tenant not removed on or before the last day of the term of this Lease (subject to Tenant's right to occupy the Demised Premises following expiration of the term of this Lease as set forth in Paragraph 30 hereof) or within fifteen (15) days thereafter shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant from the Demised Premises upon termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant and Landlord shall not be liable for damage, theft, and misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all costs and expenses of such failure removal, transportation and storage. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord with respect to surrender removal or storage of abandoned property and any lost profits with respect to Landlord resulting therefromrestoring said Demised Premises to good order, condition and repair.

Surrender. Upon a) At the expiration or earlier termination of this Lease, the Term Tenant shall peaceably surrender promptly yield up the Property to Landlord Premises and all improvements, alterations and additions thereto, and all fixtures and equipment servicing the Premises in a condition which is clean of garbage and debris and broom clean and in the same condition condition, order and repair in which they were received from Landlord at are required to be kept throughout the commencement of this LeaseTerm, except as altered as permitted or required by this Lease and except for ordinary wear and tear. tear excepted. b) Tenant, upon three (3) months prior written notice to Landlord, Tenant may extend the Term, or if applicable, any renewal term, of the Lease for one (1) additional three (3) month period and during such period, all the terms and conditions of this Lease shall apply and Tenant shall remove from pay Fixed Basic Rent at the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 rate then being paid by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by If Tenant, or any person claiming through Tenant, continues to occupy the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property Premises after the expiration or earlier termination of the term of this Lease Term or any extensions thereof, with the renewal thereof without prior written consent of Landlord, the tenancy under this Lease shall operate and be construed as a tenancy from month to month onlybecome, at one hundred fifty percent the option of Landlord, expressed in a written notice to Tenant and not otherwise, either from month-to-month, terminable by Landlord on thirty (150%30) of the Basic Rent reserved herein and upon days prior notice, under the same terms and conditions as contained set forth in this Lease; except, however, that the Fixed Basic Rent during such continued occupancy shall be 150% of the amount set forth in subsection 6(a) and Tenant shall indemnify Landlord for any loss or damage incurred by reason of Tenant's failure to surrender the Premises. Notwithstanding Anything to the foregoingcontrary notwithstanding, any holding over by Tenant without Landlord's prior written consent shall entitle Landlord, constitute a default hereunder and shall be subject to all the remedies set forth in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%subsection 26(b) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromhereof.

Surrender. Upon The LESSEE shall, on the expiration of the term or earlier termination of this Lease, Tenant shall peaceably remove all of its personal property and effects from the Leased Premises and surrender the Property same, together with all additions, alterations, and improvements made by the LESSEE, to Landlord the LESSOR in good tenantable condition, ordinary wear and tear and damage by fire or other casualty not occurring as a result of the same condition in which they were received LESSEE’S negligence only excepted. If the LESSOR shall so elect, any personal property belonging to the LESSEE not removed from Landlord the Leased Premises shall be deemed abandoned and become the property of the LESSOR without the necessity of any payment to the LESSEE. If the LESSEE leaves any property at the commencement Premises after the end of the Term or after the rightful termination of this Lease, except then all such property is considered abandoned. The Landlord may store, use, sell, or dispose of the abandoned property. The LESSEE shall pay 125% of all reasonable expenses related to disposal of the abandoned property as altered as permitted or required by this Lease Additional Rent. In the event the LESSEE remains in possession of the leased premises after expiration of the tenancy created hereunder, and except for ordinary wear and tear. Tenant shall remove from without execution of a new lease, the Property prior to such termination all its property that is capable of removal without causing damage to the Property, andLESSEE, at Tenant's expense, the option of the Lessor shall at such times of removal, repair any damage caused by such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause such property be deemed 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 hereinHolding Over, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy LESSEE from month to month onlymonth, at one hundred fifty percent (150%) twice the latest base Rent and Additional Rent, and subject to all other conditions, provisions and obligations of the Basic Rent reserved herein and upon lease insofar as the same terms and conditions as contained in this Leaseare applicable to a month to month tenancy. Notwithstanding the foregoing, any holding over LESSEE will refrain from moving the Collateral from the Leased Premises without Landlord's LESSOR’S prior written consent shall entitle Landlord, and will advise LESSOR as to the location of all other Collateral in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromits possession.

Surrender. Upon (a) Except as otherwise provided in Section 2(c) or 14(b), upon the expiration or other termination of this Leasethe Term, Tenant shall, without notice from Landlord, quit and surrender to Landlord the Premises, vacant, broom-clean, and (subject to the provisions of Article 8 hereof) in substantially the same condition and repair as on the Commencement Date, reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and shall surrender possession of the Leased Equipment to Landlord in substantially the same order and repair as on the Commencement Date, reasonable wear and tear excepted. In addition, Tenant shall peaceably surrender the Property to Landlord remove all of its personal property located at or in the same condition Premises or elsewhere in the Building. Any damage caused to 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 or sooner termination of the Term. (b) Except for any applicable transition periods pursuant to the Transition Rights, which they were received from Landlord at the commencement for purposes of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant Section 18(b) shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 pursuant to considered a default hold over by Tenant, the heating, ventilation if Tenant shall hold over and air conditioning systems shall remain on the Property and shall become the Premises or fail to remove any of its personal property of Landlord. Any holding over by Tenant of the Property after beyond the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any such holding over without Landlord's consent shall entitle Landlord, in addition not be deemed to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration be an extension of this Lease, and, in addition to any other liabilities rights Landlord may have under the terms of this Lease, or at law or in equity, Landlord shall be entitled to Landlord accruing therefrom, Tenant shall protect, defend, indemnity recover any and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, (including, without limitation, any claims made by out-of-pocket costs associated with any succeeding tenant founded upon such failure to surrender repairs, replacements, removal of property or other similar costs, but excluding any special, indirect, consequential or exemplary damages and any lost profits loss of business or profits, whether or not foreseeable) suffered by Landlord as a result of Tenant’s holding over, and Tenant shall also be obligated to pay to Landlord resulting therefroma per diem amount based on an annual rate equal to two hundred percent (200%) of the Base Rent payable on the date immediately preceding such holdover for each day thereafter that Tenant remains in occupancy of the Premises. Subject to the parenthetical in the immediately preceding sentence regarding the scope of damages, Tenant shall indemnify and hold Landlord harmless from any liability, loss, costs and expenses, including, but not limited to reasonable attorneys’ fees, arising out of such holding over by Tenant.

Surrender. Upon (a) Subject to the provisions of Section 5.7 hereof, on the Term Expiration Date (or earlier termination of this Lease), Tenant shall peaceably quit and surrender possession of the Property Leased Premises to Landlord in the same broom clean condition in which and as good order and condition as they were received from Landlord at in on the commencement of this LeaseTerm Commencement Date, except as altered as permitted or required by this Lease and except for ordinary reasonable wear and tear, taking by condemnation and damage by casualty not caused by Tenant, its agents, employees, contractors, invitees and licensees excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Leased Premises, and shall remove from the Property prior to such termination all its property that is capable of removal without causing repair any damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage caused by Project resulting from such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause Any such property to be not 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of by the Property after the expiration Term Expiration Date (or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding ) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent account and at a rate the expense and risk of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equityTenant. If Tenant fails shall fail to surrender pay the Property cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the termination proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or expiration thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, in addition the balance, if any, to any other liabilities to Landlord accruing therefromTenant. (b) In addition, on the Term Expiration Date (or earlier termination of this Lease), Tenant shall protectremove, defendat its sole cost and expense, indemnity all of Tenant’s telecommunications lines and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failurecabling installed by Tenant, including, without limitation, any claims made such lines and cabling installed in the plenum or risers of the Building in compliance with the National Electrical Code (collectively, “Wires”) and repair all damage caused thereby and restore the Leased Premises or the Building, as the case may be, to their condition existing prior to the installation of the Wires (“Wire Restoration Work”). Landlord, at its option, may perform such Wire Restoration Work at Tenant’s sole cost and expense. In the event that Tenant fails to perform the Wire Restoration Work or refuses to pay all costs of the Wire Restoration Work (if performed by Landlord) within ten (10) days of Tenant’s receipt of Landlord’s notice requesting ▇▇▇▇▇▇’s reimbursement for or payment of such costs or otherwise fails to comply with the provisions of this Section, Landlord may apply all or any succeeding tenant founded upon portion of the Security Deposit toward the payment of any costs or expenses relative to the Wire Restoration Work or Tenant’s obligations under this Section. The retention or application of such failure Security Deposit (if any) by Landlord pursuant to surrender and any lost profits this Section does not constitute a limitation on or waiver of Landlord’s right to Landlord resulting therefromseek further remedy under law or equity. The provisions of this Section shall survive the expiration or sooner termination of this Lease.

Surrender. Upon Nothing in this agreement shall prohibit the termination exercise by any working interest owner of the right to surrender vested in such party by any lease, sublease, or operating agreement as to all or any part of the lands covered thereby, provided that each party who will or might acquire such working interest by such surrender or by forfeiture as hereafter set forth, is bound by the terms of this Leaseagreement. If, Tenant shall peaceably surrender as a result of any such surrender, the Property working interest rights as to Landlord such lands become vested in any party other than the fee owner of the unitized substances, said party may forfeit such rights and further benefits from operation hereunder as to said land to the party next in the same condition chain of title who shall be and become the owner of such working interest. If, as a result of any such surrender or forfeiture, working interest rights become vested in which they were received from Landlord at the commencement fee owner of the unitized substances, such owner may: (a) Accept those working interest rights subject to this Leaseagreement and the unit operating agreement; or (b) Lease the portion of such land as is included in a participating area established hereunder subject to this agreement and the unit operating agreement; or (c) Provide for the independent operation of any part of such land that is not then included within a participating area established hereunder. If the fee owner of the unitized substances does not accept the working interest rights subject to this agreement and the unit operating agreement or lease such lands as above provided within six (6) months after the surrender or forfeited working interest rights become vested in the fee owner, except as altered as permitted or required by this Lease the benefits and except for ordinary wear and tear. Tenant shall remove from the Property prior obligations of operations accruing to such termination all its property that is capable lands under this agreement and the unit operating agreement shall be shared by the remaining owners of removal without causing damage unitized working interests in accordance with their respective working interest ownerships, and such owners of working interests shall compensate the fee owner of unitized substances in such lands by paying sums equal to the Propertyrentals, andminimum royalties, at Tenant's expenseand royalties applicable to such lands under the lease in effect when the lands were unitized. An appropriate accounting and settlement shall be made for all benefits accruing to or payments and expenditures made or incurred on behalf of such surrendered or forfeited working interest subsequent to the date of surrender or forfeiture, shall at such times and payment of removal, repair any damage caused monies found to be owing by such removal. Property not so removed shall become the 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 an accounting shall be borne by Tenantmade as between the parties within thirty (30) days. Notwithstanding anything The exercise of any right vested in a working interest owner to reassign such working interest to the contrary contained herein, upon termination of this Lease pursuant party from whom obtained shall be subject to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained set forth in this Lease. Notwithstanding section in regard to the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition exercise of a right to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromsurrender.

Surrender. Upon expiration of the Term or earlier termination of this LeaseTenant's right of possession, Tenant shall peaceably surrender the Property Premises to Landlord in the same condition as received, subject to any Alterations permitted by Landlord or this Lease to remain in the Premises, free of Hazardous Materials brought upon, kept or used in or about the Premises by any person other than Landlord, its agents, employees, contractors or invitees, released of all Use Clearances, and broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to, or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord's election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which they were received from Landlord at such access card was used or changing the commencement of this Leaselock or locks opened by such lost key. Any Tenant's Property, except as altered Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, Landlord at Tenant's expense, shall at and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and/or disposition of such times property. All obligations of removal, repair any damage caused by such removal. Property Tenant hereunder not so removed shall become fully performed as of the 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 pursuant to a default by Tenantthe Term, including the heatingobligations of Tenant under Section 30 hereof, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after survive the expiration or earlier termination of the term of this Lease or any extensions thereofTerm, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, including without limitation, any claims made by any succeeding tenant founded upon such failure indemnity obligations, payment obligations with respect to surrender Rent and any lost profits to Landlord resulting therefromobligations concerning the condition and repair of the Premises.

Surrender. Upon 24.01 On the last day of the term of this Lease, or upon any earlier termination of this Lease, or upon any reentry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises to Landlord broom clean, in good order, condition and repair except for ordinary wear and tear and damage by fire or other insured casualty; Tenant shall remove Tenant's property subject to the provisions of Article 14 hereof; and Tenant shall surrender to Landlord all keys to offices, lavatories and mail boxes and all Building identification and parking cards possessed by Tenant's employees. 24.02 In the event Tenant remains in possession of the Demised Premises after the termination of this Lease without the execution by Landlord and Tenant of a new lease, Tenant shall, at Landlord's option, be deemed to be occupying the Demised Premises as a tenant from month to month, at a monthly rental equal to 150% of the fixed rent and additional rent payable during the last month of the term for the initial two (2) months of such holdover and thereafter 200% thereof, subject to all of the other terms of this Lease insofar as the same are applicable to a month to month tenancy. 24.03 In the event Tenant remains in possession of the Demised Premises following the termination of this Lease, Tenant shall peaceably surrender the Property hereby indemnifies and agrees to hold Landlord in the same condition in which they were received harmless from Landlord at the commencement of this Leaseand against any loss, except as altered as permitted or required by this Lease cost, liability, claim, damage, fine, penalty, and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, shall at including attorneys' fees and disbursements, resulting from such times of removal, repair any damage caused delay by such removal. Property not so removed shall become Tenant in surrendering the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and Demised Premises upon 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained provided in this Lease. Notwithstanding the foregoingArticle 24, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, including without limitation, any claims made by any succeeding tenant founded or prospective tenant based upon such failure delay. In the event Tenant remains in possession of the Demised Premises for any period of time following the Expiration Date, Tenant shall be in default, and in addition to surrender the rent provided in Section 24.02 hereof, Landlord shall be entitled to all of its rights and any lost profits to Landlord resulting therefromremedies provided in this Lease.

Surrender. Upon Section 21.01 On the Expiration Date or upon the sooner termination of this Lease or upon any reentry by Landlord upon the Premises, Tenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good order, condition and repair except for ordinary wear, tear and damage by fire or 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 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 to the Premises and the Real Property occasioned by such removal. Any Tenant’s property or 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 a manner as 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 Landlord by Tenant as Additional Rent on demand. Section 21.02 If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Tenant's obligations under Section 21.01 shall be performed on or prior to the immediately preceding business day. Section 21.03 If the Premises are not surrendered upon the termination of this Lease, Tenant shall peaceably surrender the Property to hereby indemnifies Landlord in the same condition in which they were received against liability primarily and directly resulting from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over delay by Tenant of in so surrendering the Property after the expiration or earlier termination of the term of this Lease or any extensions thereofPremises, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, including any claims made by any succeeding tenant or prospective tenant founded upon such failure delay. Section 21.04 In the event Tenant remains in possession of the Premises after the termination of this Lease without the execution of a new lease, Tenant, at the option of the Landlord, shall be deemed to surrender be occupying the Premises as a tenant from month to month, at a monthly rental equal to two times the Fixed Rent and any lost profits Additional Rent payable during the last month of the Term, subject to Landlord resulting therefromall of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Section 21.05 Tenant's obligation under this Article shall survive the termination of this Lease.

Surrender. Upon At the expiration or other termination of this Lease, Tenant shall peaceably surrender the Property Premises to Landlord in the same as good order and condition in which as they were received from Landlord at the commencement of the Term or may be put in thereafter in accordance with this Lease, except as altered as permitted or reasonable wear and tear and (other than for any Restoration required by the terms of this Lease Lease) damage to the Premises by any Termination Casualty or Major Condemnation of the Premises excepted. All Alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and except for ordinary wear equipment, computer and tearother similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination or other expiration of the 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 Property prior Premises. Tenant agrees to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any and all damage caused by such removal. Property Trade fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord. , and Landlord may thereafter cause such property to be removed and disposition and from the Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Premises caused by such removal shall be borne by Tenant. Notwithstanding anything Landlord shall not in any manner or to the contrary contained herein, upon termination of this Lease pursuant any extent be obligated to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become reimburse Tenant for any property which becomes the property of Landlord. Any holding over by Tenant Landlord as a result of the Property after the such expiration or earlier termination of the term termination. The provisions of this Lease or any extensions thereof, with the consent of Landlord, Section 19 shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon survive the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Surrender. Upon On the last day of the Term, including any option term, or upon the sooner termination of this Leasethereof, Tenant shall peaceably and quietly surrender the Property to Landlord Leased Premises and all improvements thereon in the same condition in which they were received from Landlord as at the commencement of this Lease, except as altered as permitted or required by this Lease in good order, condition and except for ordinary repair, fire and other unavoidable casualty, and reasonable wear and teartear excepted. All alterations, additions, and improvements other than business and trade fixtures which may be made or installed 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 remove from the Property prior to such termination all its equipment and personal property that is capable of removal without causing damage to the Property, and, at Tenant's expense, and shall at such times of removal, repair any damage caused occasioned by such removal. Property Any personal property not so removed shall become the 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 Tenant shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten (10%) 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. Any holding over The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the Property after keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the expiration or earlier contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the term property of Tenant then 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 any extensions thereofto secure the payment of damages, with the consent and Landlord may retain possession of Landlord, such property until payment in full of said amounts. Said lien shall operate and not be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained defeated by placing such property in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equitystorage. If Tenant fails to surrender the Property upon has not redeemed said property within ninety (90) days after the termination or expiration of this said Lease, Landlord may sell such property at public or private sale without further notice to Tenant, and shall apply in addition a reasonable manner determined by Landlord the proceeds of sale to any other liabilities reduce the amounts then owed from Tenant to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromLandlord.

Surrender. Upon On the last day of the Term or upon the sooner termination of this Leasethereof, Tenant shall peaceably surrender the Property Premises in good condition and repair consistent with Tenant's duty to Landlord make repairs as provided in Article 6 hereof. On or before the same condition in which they were received from Landlord at last day of the commencement of this LeaseTerm or the sooner termination thereof, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall at its expense remove all of its equipment and other personal property from the Property prior to such termination all its property that is capable of removal without causing damage to the PropertyPremises, 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 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 thereby, and any property not removed shall be borne by Tenantdeemed abandoned. Notwithstanding anything to At the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent election of Landlord, all alterations, additions and fixtures, other than Tenant's equipment, which have been made or installed by either Landlord or Tenant upon the Premises shall operate remain as Landlord's property and shall be construed surrendered with the Premises as a tenancy from month to month onlypart thereof, or Landlord may require removal or the same at one hundred fifty percent (150%) the end of the Basic Rent reserved herein Term. It is specifically agreed that any and upon all telephonic, coaxial, or other computer, wordprocessing, facsimile, or electronic wiring installed by the same terms and conditions Tenant within the Premises (hereafter "Wiring") shall be removed at Tenant's cost at 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 contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equityproperty. If Tenant fails to surrender the Property upon Premises are not surrendered at the end of the Term or sooner termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, thereof. Tenant shall protect, defend, indemnity and hold harmless indemnify Landlord from all loss, costs, attorneys' fees, damages and liabilities against loss or liability resulting from such failuredelay by Tenant in so surrendering the Premises, including, including without limitation, any limitation claims made by any a succeeding tenant founded upon as a result of such failure to delay. Tenant shall promptly surrender and any lost profits all keys for the Premises to Landlord resulting therefromat the place then fixed for payment of rent.

Surrender. Upon At the end of the Lease Term, or Renewal Term (if the Tenant has exercised its option for a Renewal Term) or upon the sooner termination of this Lease, Tenant shall peaceably surrender the Property deliver up to Landlord possession of the Premises, together with all improvements or additions thereto by whomsoever made, broom clean and in the same condition in which they were as received from Landlord at the commencement of this Leaseor first installed, except as altered as permitted or required by this Lease and except for excepting only ordinary wear and teartear and damage by fire, earthquake or other catastrophes not the fault of Tenant . Any trade fixtures, machinery, signs, and other personal property of Tenant not permanently affixed to the Premises shall remain the property of the Tenant and Tenant shall remove them from the Property prior to Premises by the end of the Lease Term or Renewal Term. Any such termination all its property that is capable of removal without causing damage to the Property, 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 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 pursuant to a default deemed abandoned by Tenant, and at Landlord's election by notice to Tenant, title to the heatingsame shall thereupon pass to Landlord. If Landlord does not elect by notice to Tenant to take title to the abandoned property of the Tenant, ventilation Landlord may dispose of the abandoned property without accountability and air conditioning systems Tenant shall remain on the Property be liable to Landlord for and shall become pay to Landlord forthwith on demand the property costs of removal and storage with interest and the rate of 10% per annum on all expenses from the date of expenditure by Landlord. Any holding over by Tenant Finally, before delivering possession of the Property after Premises to the expiration or earlier termination Landlord hereunder, the Tenant shall have: 1) removed all of the term of this Lease or any extensions thereofresidue from the Tenant's manufacturing processes (including soot and rubber shavings) to the extent reasonably practical, with 2) steam cleaned the consent of LandlordBuildings in a commercially reasonable manner, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%3) of repainted the Basic Rent reserved herein and upon the same terms and conditions as contained in this LeaseBuildings. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity make any repairs required under this section 22.01 and hold harmless Landlord from surrender all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure keys to surrender and any lost profits to Landlord resulting therefromthe Premises.

Surrender. Upon the termination of this Lease, Tenant whether by reason of lapse of time, forfeiture or otherwise, ▇▇▇▇▇▇ shall peaceably immediately surrender possession of the Property Premises and all fixtures and improvements then on the same to Landlord in good order, condition and repair, ordinary wear and tear and loss by insured casualty with effective waiver of subrogation excepted, and all fixtures and improvements on the Premises shall, at Landlord’s option, become the property of Landlord without any obligation on the part of Landlord to compensate Tenant therefor. If possession is not immediately surrendered, Landlord, with or without process of law, may re-enter the Premises and repossess the same condition in which they were received from or any part thereof and expel and remove therefrom, using all legal means, all persons and property without being deemed guilty of any unlawful act or liable for damages by reason of such re-entry for forfeiture and without prejudice to any other legal remedy available to Landlord. Notwithstanding such re-entry by Landlord at the commencement of or any termination or forfeiture under this Lease, except as altered as permitted or required by the liability of Tenant for the Rent provided for herein shall continue for the balance of the Term. Tenant will pay, in addition to the Rent and other sums agreed to be paid hereunder, actual reasonable attorneys' fees for enforcing the provisions of this Lease and except collecting the Rent due Landlord hereunder, whether or not suit is commenced. Except as expressly provided herein, all alterations, improvements, additions, changes or repairs shall be provided by and paid for ordinary wear and tear. by Tenant shall remove from the Property prior to such termination all at its property that is capable of removal without causing damage to the Property, and, at Tenant's sole expense, shall at such times of removal, repair any damage caused by such removal. Property not so removed but shall become the 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 surrendered with the contrary contained herein, Premises upon termination of this Lease pursuant Lease; provided, however, that Landlord may, by written notice to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained provided in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration Section 27 of this Lease, in addition require Tenant, at Tenant's sole cost and expense, to remove any other liabilities to Landlord accruing therefromor all improvements, Tenant shall protectalterations, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims additions or fixtures installed or made by Tenant on or to the Premises and to repair any succeeding tenant founded upon damages to the Premises caused by such failure to surrender and any lost profits to Landlord resulting therefromremoval.

Surrender. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon termination of Tenants' right to possession of the Leased Premises, Tenant shall peaceably will at once surrender and deliver up the Property Leased Premises, together with all improvements thereon, to Landlord Landlord, broom swept, in the same good condition and repair, except: (i) ordinary wear and tear (conditions existing because of Tenant's failure to perform maintenance repairs or replacements as required herein or to have in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or force a maintenance contract required by this Lease and except for Section 9.0(b) hereof shall not be deemed ordinary wear and tear); (ii) condemnation; (iii) damage arising from any cause not required to be repaired or replaced by Tenant; and (iv) Alterations which do not constitute Approval Alterations and Approval Alterations which Tenant is not required to remove as set forth in Section 9.1(a). Tenant shall remove from the Property prior deliver to such termination Agent all its property that is capable of removal without causing damage keys to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage caused by such removalall doors therein. Property not so removed shall become the 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 As used herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, "improvements" shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, includinginclude, without limitation, all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment, and all Alterations (as said term is defined in Section 9.1 hereof) whether or not permitted under Section 9.1. All Alterations, temporary or permanent, made in or upon the Leased Premises by Tenant shall become Landlord's property and shall remain upon the Leased Premises on any claims made such termination without compensation, allowance or credit to Tenant, provided, however, that Landlord shall have the right to require Tenant to remove any Approval Alterations and restore the Leased Premises to their condition prior to the making of such Alterations, repairing any damage occasioned by such removal and restoration to the extent that the approval by Landlord of any succeeding tenant founded Approval Alteration was conditioned upon the removal of the same. Said right shall be exercised by Landlord's giving written notice thereof to Tenant on or before ten (10) days after such failure termination. If Landlord requires removal of any Alterations as set forth in Section 9.1(a) and Tenant does not make such removal in accordance with this Section at the time of such termination, or within ten (10) days after such request, whichever is later, Landlord may remove the same (and repair any damage occasioned thereby), and dispose thereof or, at its election, deliver the same to surrender any other place of business of Tenant or warehouse the same. Tenant shall pay the costs of such removal, repair, delivery and any lost profits warehousing to Landlord resulting therefromon demand.

Surrender. Upon Tenant shall, at the end of the Term or sooner termination of Tenant’s right to possession of the Premises, promptly vacate and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease, Tenant shall peaceably surrender the Property to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tearincluding without limitation Section 9. Tenant shall remove from have no right to hold over beyond the Property prior expiration of the Term and if Tenant does not vacate as required, Tenant’s occupancy shall not be construed to such termination all its property that is capable effect or constitute anything other than a tenancy at sufferance. During any period of removal without causing damage occupancy beyond the expiration of the Term the amount of rent owed to the Property, andLandlord by Tenant shall automatically extend, at Tenant's expenseLandlord’s option, shall at such times of removal, repair any damage caused by such removal. Property not so removed shall become the 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from for an additional month to month only, at one hundred hundred-fifty percent (150%) of the Basic sum of the Rent reserved herein as those sums are at that time calculated under the provisions of the Lease for the first month of such period and upon thereafter at two hundred percent (200%) of the same terms sum of Rent as those sums are at that time calculated under the provision of the Lease. 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 conditions any such payments by Tenant may be applied by Landlord against its costs and expenses, including attorneys’ fees, incurred by Landlord as contained 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 a breach of any of the terms, covenants, or obligations herein on Tenant’s part to be performed. Notwithstanding In addition to the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If if Tenant fails to surrender the Property Premises upon the expiration or sooner termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protectindemnify, defend, indemnity defend and hold harmless Landlord from all costs, loss, costsexpense or liability incurred as a result of such holdover, attorneys' fees, damages and liabilities resulting from such failure, including, including without limitation, any claims made by any succeeding tenant founded upon 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 and in such failure manner so as not to surrender disturb other tenants in the Building. Tenant’s obligation to pay Rent and any lost profits to Landlord resulting therefromperform 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. Upon of At the termination end of the term of this Lease, Tenant shall peaceably Leased Space surrender the Property Leased space to Landlord Landlord, together with all alterations, additions and improvements thereto, in the same broom clean condition and in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease good order and repair except for ordinary wear and teartear and damage for which Tenant is not obligated to make repairs under this Lease. Subject to Paragraph 9 hereof and if Tenant is not then in default under any of the terms hereof, Tenant shall have the right at the end of the term hereof to remove from any equipment, furniture, trade fixtures or other personal property placed in the Property prior to such termination all its property Leased Space by Tenant, provided that is capable of removal without causing Tenant promptly repairs any damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage Leased Space caused by such removal. Property not so removed Tenant shall become repair all damage to the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and the cost of repairing any damage Leased Space caused by such removal shall be borne by Tenant. Notwithstanding anything and restore the Leased Space to the contrary contained herein, upon termination of this Lease pursuant condition in which it was prior to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant installation of the Property after items so removed. Tenant shall surrender the expiration or earlier termination Leased Space to Landlord at the end of the term hereof, without notice of this Lease any kind, and Tenant waives all right to any such notice as may be provided under any laws now or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained hereafter in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, effect in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equityPennsylvania. If Tenant fails shall fail to surrender remove any of its equipment, furniture, trade fixtures or other personal property, Landlord may remove and store the Property upon same at the termination expense of Tenant or expiration sell the same on behalf of this LeaseTenant at public or private sale in such manner as is commercially reasonable, in addition with any proceeds thereof to any other liabilities be first applied to Landlord accruing therefromthe costs and expenses, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' including attorney's fees, damages of the storage and liabilities resulting from such failure, including, without limitation, sale and the payment of any claims made amounts owed hereunder by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromthe Tenant.

Surrender. Upon the expiration or termination of this Lease, Tenant shall peaceably surrender the Property Premises to Landlord in the same condition in which they the Premises were received from Landlord at on the commencement of this LeaseEffective Date, except as repaired, rebuilt, restored, altered or added to as permitted or required by this Lease hereby and except for ordinary wear and tear, casualty and condemnation excepted. Tenant shall remove from the Property Premises on or prior to such expiration or termination all its property that situated thereon which is capable of removal without causing damage to the Property, and, at Tenant's expense, not owned by Landlord and shall at such times of removal, repair any damage caused by such removal. Property not so removed shall become the property of Landlord. , and Landlord may thereafter cause such property to be removed from the Premises and disposed of, but the actual cost of any such removal and disposition and the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything However, notwithstanding the foregoing, Landlord shall be allowed (and Tenant hereby grants to Landlord the option) to purchase such Tenant’s Personal Property from Tenant for an amount equal to the contrary contained hereinfair market value of Tenant’s Personal Property; provided, upon termination of this Lease pursuant to a default however, that such option shall only be exercisable by Tenant, Landlord in the heating, ventilation and air conditioning systems shall remain on the event that Tenant has not removed such Personal Property and shall become the property of Landlord. Any holding over by Tenant of the Property after within thirty (30) days following the expiration or earlier termination of the term of this Lease or any extensions thereof, with Lease. Tenant’s Personal Property shall only be deemed to be retained by Landlord if Landlord specifically elects to retain the consent of Landlord, shall operate and be construed as a tenancy from month same by written notice to month only, at one hundred fifty percent (150%) Tenant. The fair market value of the Basic Rent reserved herein Tenant’s Personal Property shall be determined by the mutual agreement of Landlord and upon Tenant, and if the same terms and conditions as contained in this Lease. Notwithstanding the foregoingparties cannot agree, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made appraisal by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefroman unrelated third-party appraiser.

Surrender. Upon On the termination last day of the term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Property to Landlord Leased Premises and all improvements thereon in the same condition in which they were received from Landlord as at the commencement of this Lease, except as altered as permitted or required by this Lease in good order, condition and except for ordinary repair, fire and other unavoidable casualty, and reasonable wear and teartear excepted. Except as provided in Section 3.5, all alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage caused by such removal. Property not so removed shall become remain the property of LandlordLandlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, 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. Landlord may thereafter cause such Any personal property to be not 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by the Firstar Bank Wisconsin or its successors or assigns, whichever is higher. Any holding over If, prior to surrender of the premises or within twenty (20) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall repair any damage occasioned by such removals 17 or Tenant will pay to Landlord, on demand, the cost thereof with interest from the date of completion of such repairs by Landlord, at the rate specified in the immediately preceding paragraph of this Lease. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the Property after keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the expiration or earlier contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the term property of Tenant then 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 any extensions thereofto secure the payment of damages, with the consent and Landlord may retain possession of Landlord, such property until payment in full of said amounts. Said lien shall operate and not be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained defeated by placing such property in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equitystorage. If Tenant fails to surrender the Property upon has not redeemed said property within ninety (90) days after the termination or expiration of this said Lease, Landlord may sell such property at public or private sale without further notice to Tenant, and shall apply in addition a reasonable manner determined by Landlord the proceeds of sale to any other liabilities reduce the amounts then owed from Tenant to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromLandlord.

Surrender. Upon On the termination last day of the Term of this Lease, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Property Leased Premises and all improvements thereon in good order, condition and repair, reasonable wear and tear, casualty and damage caused by Landlord or Landlord's agents, employees or contractors excepted. Alterations, additions, improvements and fixtures (other than trade fixtures) which may be made or installed by Tenant upon the Leased Premises shall, upon Landlord's request, be removed, provided, however, Tenant shall not be required to remove the demising wall, if any, constructed pursuant to Section 2.01. Any such items that Landlord in has not requested Tenant remove shall remain the same condition in which they were received from property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the commencement termination of the Term of this Lease, except as altered as permitted whether by the lapse of time or required by this Lease and except for ordinary wear and tearotherwise, all without compensation or credit to Tenant. Tenant shall remove from the Property At any time prior to such termination surrender of the Leased Premises the Tenant may remove all its trade fixtures, personal property, equipment, wiring, cabling and signs paid for and installed by Tenant. Any property that is capable of removal without causing damage to the Property, 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 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property deemed abandoned and shall become the property of Landlord. Any holding over by ; provided, that the Landlord shall have the option to effect said removals and Tenant of shall pay Landlord, on demand, the Property after the expiration or earlier termination of the term of this Lease or any extensions cost thereof, with interest at the consent rate of ten (10%) percent per annum from the date of such demand by Landlord, shall operate and be construed as a tenancy from month or the prime interest rate established by the U.S. Bank, N.A., Madison, Wisconsin, or its successors or assigns, whichever is higher. If, prior to month only, at one hundred fifty percent (150%) surrender of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoingLeased Premises or within twenty (20) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall repair any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided damage occasioned by law or in equitysuch removals. If Tenant fails to surrender repair such damage within ten (10) days following the Property upon date of Landlord's notice, Tenant shall pay to Landlord, on demand, the termination or expiration cost thereof with interest from the date of completion of such repairs by Landlord, at the rate specified in the immediately preceding paragraph of this Lease, . The delivery to Landlord at the place then fixed for the payment of rent of the keys and access cards to the Leased Premises shall constitute surrender of the Leased Premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under the terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to any all other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrommethods of surrender.

Surrender. Upon (a) Subject to the termination provisions of this Agreement, the Lease and the term and estate granted thereunder with respect to the Surrender Premises shall terminate and expire as of the day prior to the Effective Date (the “Surrender Date”), as fully and completely as if the Surrender Date was the date originally fixed in the Lease as the Termination Date with respect to the Surrender Premises, and Tenant shall surrender the Surrender Premises on the Surrender Date to Landlord as fully and completely as if the Surrender Date was the date originally fixed in the Lease as the Termination Date with respect to the Surrender Premises, and Landlord shall accept the Surrender Premises on the Surrender Date, to have and to hold the same for the unexpired residue of the term of the Lease. After the Surrender Date, Tenant shall peaceably surrender have no further rights, obligations or liabilities of any kind or nature under the Property Lease with respect to Landlord in the same condition in which they were received from Landlord at the commencement of this LeaseSurrender Premises, except as altered as permitted or required by expressly provided in this Lease and except for ordinary wear and tearAgreement. Tenant acknowledges its obligation to pay Minimum Rent, Adjusted Minimum Rent and any other charges payable by Tenant under the Lease (whether or not said sum shall remove from have been fixed as of the Property prior to such termination all its property that is capable of removal without causing damage Surrender Date) applicable to the PropertySurrender Premises through the Surrender Date. Upon final computation of Adjusted Minimum Rent due applicable to the Surrender Premises, andLandlord shall promptly refund or credit, at Tenant's expenseLandlord’s option, any excess payment (if any) and Lessee shall at such times of removal, repair promptly make up any damage caused by such removalunderpayment (if any). Property not so removed This provision shall become survive the property of Landlord. Landlord may thereafter cause such property Lease termination applicable to be removed and disposition and the cost of repairing any damage caused by such removal shall be borne by Tenant. Surrender Premises. (b) Notwithstanding anything to the contrary contained hereinin the Lease, upon termination of this Lease pursuant to a default by on or before the Surrender Date, Tenant shall surrender the Surrender Premises free from all Tenant, the heating, ventilation ’s furniture and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlordequipment, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equitybroom clean but otherwise as-is condition. If In the event that Tenant fails to surrender the Property upon Surrender Premises to Landlord on the termination or expiration Surrender Date in accordance with the terms of this Agreement, then Tenant’s occupancy of the Surrender Premises shall be deemed a holdover tenancy for the period commencing on the Surrender Date to and including the date on which Tenant surrenders the Surrender Premises to Landlord in accordance with the terms of this Agreement and such occupancy shall be subject to the terms of Article 55 of the Lease. (c) The effective date shall be the day Landlord, at Landlord’s sole cost and expense, completes construction of a demising wall between the Surrender Premises and the Retained Premises (the “Effective Date”), which Landlord estimates to be on or about November 1, 2008. In addition to the demising wall, Landlord, at its sole cost and expense, shall remove wallpaper where necessary, paint and carpet the Retained Premises in colors to be chosen by Tenant from Landlord’s standard paint and carpet selection charts (the “Landlord’s Work”). The Landlord’s Work shall be performed at mutually agreed upon times and Landlord shall use reasonable efforts to minimize disruption to Tenant’s use of the Retained Premises. Tenant shall cooperate with Landlord during the performance of any work hereunder by removing all wall hangings and relocating all furniture, equipment and personnel as necessary, at Tenant’s sole cost. Tenant acknowledges that it is in occupancy of the Retained Premises and hereby accepts the Retained Premises in their “AS-IS” physical condition and state of repair as of the Effective Date, subject, however, to the terms of this subparagraph (c). Landlord shall make reasonable efforts to erect and finish the demising wall no later than November 1, 2008 and to complete Landlord’s Work no later than January 1, 2009 (as reasonably approved by Tenant and subject only to minor punch-list items). Landlord shall have no obligation to do any work, perform any services or grant any construction allowances in connection with this Agreement or the extension of the term of the Lease, except as set forth in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromthis subparagraph (c).

Surrender. Upon the termination of this LeaseLease or Tenant’s right to possession, Tenant shall peaceably will at once surrender and deliver up the Property Premises, together with all improvements thereon, to Landlord Landlord, in the same good condition in which they were received from Landlord at the commencement of this Leaseand repair, except as altered as permitted or required by this Lease and except for subject to ordinary wear and tear. Tenant shall remove from the Property prior to such termination Premises all of Tenant’s personal property, and its property that is capable of removal without causing equipment and trade fixtures (collectively “Tenant’s Property”) and Tenant shall repair any injury or damage to the PropertyPremises which may result from such removal. If Tenant does not remove Tenant’s Property from the Premises, andas aforesaid, Landlord may, at Tenant's expenseits option, shall at such times of removal, remove the same (and repair any damage caused by such removal. Property not so removed occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall become the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and pay the cost of repairing any damage caused such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may treat Tenant’s Property as having been conveyed to Landlord with this Lease acting as a ▇▇▇▇ of sale, without further payment or credit by such removal shall be borne by Landlord to Tenant. Notwithstanding anything If Landlord requests the removal of any Alterations, Tenant shall remove all such items and restore the Premises to the contrary contained hereintheir original condition, ordinary wear and tear excepted upon expiration or termination of this Lease pursuant to a default by TenantLease. If, the heatingafter Landlord’s request, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereofdoes not remove said Alterations, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon Landlord may remove the same terms and conditions as contained in this Lease. Notwithstanding Tenant shall pay the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate cost of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities such removal to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromdemand.

Surrender. Upon the expiration of this Sublease, or upon the termination of this Leasethe Sublease or of the Subtenant’s right to possession of the Sublease Premises, Tenant shall peaceably Subtenant will at once surrender and deliver up the Property Sublease Premises, together with all Alterations, subject to Landlord the provisions of Section 16, and other improvements thereon, to Sublandlord broom clean and otherwise in the same good condition in which they were received from Landlord at the commencement of this Leaseand repair, except as altered as permitted or required by this Lease and except for ordinary (x) reasonable wear and tear, (y) damage or loss from condemnation or, to the extent not the fault of Subtenant or any of its agents, employees, invitees and/or contractors, fire or other casualty, and (z) damage or loss caused by Sublandlord or its agents, employees, invitees and/or contractors. Tenant For the avoidance of doubt, conditions existing because of Subtenant’s failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease shall not be deemed “reasonable wear and tear”. Such improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Sublease Premises (as distinguished from operations incident to the business of Subtenant). Subtenant shall surrender to 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. All Alterations in or upon the Sublease Premises made by or on behalf of Subtenant shall become a part of and shall remain upon the Sublease Premises upon such termination without compensation, allowance or credit to Subtenant unless such Alterations are to be removed by Subtenant as provided in Section 16. With respect to the Alterations which Subtenant is to remove from as provided in Section 16, Subtenant shall restore the Property Sublease Premises to their condition prior to the making of such termination all its property that is capable Alteration, repairing any damage occasioned by such removal or restoration. If Prime Landlord requires removal of such Alteration and Subtenant does not make such removal without causing damage to in accordance with this Section 17, Sublandlord may remove the Property, and, at Tenant's expense, shall at such times of removal, same (and repair any damage caused by such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause such property to be removed occasioned thereby), 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions dispose thereof, with the consent of Landlordor at its election, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the deliver same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefromplace of business of Subtenant, Tenant or warehouse same. Subtenant shall protectpay the actual costs of such removal, defendrepair, indemnity delivery and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromwarehousing on demand.

Surrender. Upon Section 21.01 On the Expiration Date or upon the sooner termination of this Lease or upon any reentry by Landlord upon the Premises, Tenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good order, condition and repair except for ordinary wear, tear and damage by fire or 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 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 to the Premises and the Real Property occasioned by such removal. Any Tenant’s property or 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 a manner as 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 Landlord by Tenant as Additional Rent on demand. Section 21.02 If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Tenant’s obligations under Section 21.01 shall be performed on or prior to the immediately preceding business day. Section 21.03 If the Premises are not surrendered upon the termination of this Lease, Tenant shall peaceably surrender the Property to hereby indemnifies Landlord in the same condition in which they were received against liability resulting from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over delay by Tenant of in so surrendering the Property after the expiration or earlier termination of the term of this Lease or any extensions thereofPremises, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, including any claims made by any succeeding tenant or prospective tenant founded upon such failure delay. Section 21.04 In the event Tenant remains in possession of the Premises after the termination of this Lease without the execution of a new lease, Tenant, at the option of the Landlord, shall be deemed to surrender be occupying the Premises as a tenant from month to month, at a monthly rental equal to three times the Fixed Rent and any lost profits Additional Rent payable during the last month of the Term, subject to Landlord resulting therefromall of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Section 21.05 Tenant’s obligation under this Article shall survive the termination of this Lease.

Surrender. Upon On the termination last day of the Term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Property to Landlord Leased Premises and all improvements thereon in the same condition in which they were received from Landlord as at the commencement of this Lease, except as altered as permitted or required by this Lease in good order, condition and except for ordinary repair, fire and other unavoidable casualty, and reasonable wear and teartear excepted. All alterations, additions, and improvements other than business and trade fixtures which may be made or installed 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 remove from the Property prior to such termination all its equipment and personal property that is capable of removal without causing damage to the Property, and, at Tenant's expense, and shall at such times of removal, repair any damage caused occasioned by such removal. Property Tenant may elect to surrender any chemical fume hoods installed and considered in fair condition at the time of surrender within the Leased Premises. Any personal property not so removed shall become the 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 Tenant shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property deemed abandoned and shall become the property of Landlord. Any holding over by ; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of the Property after the expiration or earlier termination of the term of this Lease or any extensions removal thereof, with interest at the consent rate of ten (10%) percent per annum from the date of such removal by Landlord, shall operate and be construed as a tenancy from month or the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to month only, Landlord at one hundred fifty percent (150%) the place then fixed for the payment of rent of the Basic Rent reserved herein keys to the Leased Premises shall constitute surrender of the premises by Tenant and upon acceptance of the same keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms and conditions as contained in of this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent This method of surrender shall entitle Landlord, not be exclusive and shall be in addition to collecting Basic Rent at a rate all other methods of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromsurrender.

Surrender. Upon At any time, and from time to time hereunder, Lessee shall have the termination of right to terminate, surrender and relinquish this Lease, Tenant shall peaceably surrender or all or any portion hereof as it may relate to all or any portion of the Property, by giving written notice to Lessor of such election, by executing and delivering to the Lessor or placing of record in the county in which the Property are located a quitclaim deed or deeds covering all or any part of the Property so surrendered. Such surrender will be effective upon delivery of notice as provided in Section 22 below, but shall not release Lessee from any liability or obligation arising prior to Landlord in the same condition in effective date of said notice or any obligation which they were received from Landlord at the commencement of this Leasesurvives termination. Upon such surrender, except as altered as permitted or required by Lessee shall have no further obligations under this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage with respect to the Property, andor to such portion thereof to which surrender applies, at Tenantexcept for any liability or obligation accruing prior to the effective date of such surrender or which expressly or by obvious implication survives termination. In the event that Lessee surrenders this Lease as to all of the Property, Lessor shall retain the royalties and rentals previously paid to Lessor hereunder as full consideration for the rights granted herein. A partial termination, surrender, or relinquishment shall not reduce Lessee's expenseroyalty or other payment obligations. Notwithstanding such surrender, Lessee shall at nevertheless, subject to approval of the surface owner, retain such times of removalrights-of-way and easements over, repair any damage caused by such removal. upon, through, and across the Property not so removed shall become the 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 surrendered as shall be borne necessary or convenient for Lessee's operations on so much of the Property as shall then be retained by TenantLessee under the Lease and on Lessee's other Property in the vicinity. Notwithstanding anything to the contrary contained herein, upon Any termination of this Lease pursuant to during the Primary Term shall be accompanied by payment in full of a default by Tenant, "Termination Payment" in the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property amount of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom$10,000.00.

Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Property Premises to Landlord broom clean and free of debris and otherwise in the same condition in which they were received from Landlord at the commencement Premises are required to be maintained by the terms of this Lease, reasonable wear and tear and damage by casualty which Tenant is not obligated to restore under this Lease excepted. Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of the combinations to all locks, safes and vaults in the Premises. Tenant shall, at its expense, remove from the Premises on or prior to expiration or earlier termination of this Lease (i) all furnishings, fixtures and equipment situated thereon, (ii) those Alterations that Tenant is required to remove pursuant to Section 3.3 hereof, and (iii) those items of personalty that Tenant brings into the Premises. Tenant shall not remove any equipment, conduits, fixtures, water, plumbing, electrical, heating, ventilation, air conditioning, lighting, life safety, sprinkler and sewer service to the Premises, (except to the extent such item is an Alteration and Tenant is required to remove the same pursuant to Section 3.3 hereof), all of which together with any other furnishings, fixtures and equipment not removed by Tenant as altered as permitted provided above, shall become the property of Landlord upon the expiration or required by earlier termination of this Lease and except for ordinary wear and tearshall be conclusively presumed to have been conveyed to Landlord under this Lease via a ▇▇▇▇ of sale without further payment or credit by Landlord to Tenant. In addition, Tenant shall remove from the Property shall, at its expense, on or prior to such expiration or earlier termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, shall at such times of removalthis Lease, repair any damage caused by such removal. Property Any property not so removed shall become the property of Landlord. that Landlord may thereafter cause such property requires to be removed, may be removed by Landlord and stored and/or retained or sold by Landlord and all the costs of such removal, storage and disposition and as well as 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlordremoval, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.be

Surrender. Upon expiration of the Term or earlier termination of this LeaseTenant's right of possession, Tenant shall peaceably surrender the Property Premises to Landlord in the same condition as received, subject to any Alterations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept or used in or about the Premise by any person other than Landlord, its agents, employees, contractors or invitees and released of all Hazardous Materials Clearances, broom Clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Nothing in this Section 28 shall be construed to eliminate Tenant's obligation to surrender the Area B Premises to Landlord in substantially the condition shown on EXHIBIT G if Landlord so elects. Tenant shall immediately return to Landlord all keys and/or access cards to parking, restrooms or all or any portion of the Premises furnished to, or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord's election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which they were received from Landlord at such access card was used or changing the commencement of this Leaselock or locks opened by such lost key. Any Tenant's Property, except as altered Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, Landlord at Tenant's expense, shall at and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and/or disposition of such times property. All obligations of removal, repair any damage caused by such removal. Property Tenant hereunder not so removed shall become fully performed as of the 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 pursuant to a default by Tenantthe Term, including the heatingobligations of Tenant under Section 30 hereof, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after survive the expiration or earlier termination of the term of this Lease or any extensions thereofTerm, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, including without limitation, any claims made by any succeeding tenant founded upon such failure indemnity obligations, payment obligations with respect to surrender Rent and any lost profits to Landlord resulting therefromobligations concerning the condition and repair of the Premises.

Surrender. Upon Section 20.01 On the Expiration Date or upon the sooner termination of this LeaseLease or upon any reentry by Landlord upon the Premises, Tenant shall peaceably surrender shall, at its sole cost and expense, quit, surrender, vacate and deliver the Property Premises to Landlord "broom clean" and in the same good order, condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and repair except for ordinary wear wear, tear and teardamage by fire or other insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property prior all of Tenant's Property (excluding any of Tenants Property which is affixed or attached to such termination the Premises) and all its other personal property that is capable and personal effects of removal without causing all persons claiming through or under Tenant, and shall pay the cost of repairing all damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage caused Premises and the Real Property occasioned by such removal. Any Tenant's Property not so removed or other personal property which shall become remain in the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and Premises after 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 pursuant shall be deemed to a default have been abandoned and either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit. If such Tenant's Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the heating, ventilation and air conditioning systems shall remain on the Property and shall become proceeds of such sale as the property of Landlord. Any holding over expense incurred by Landlord in removing or disposing of such Tenant's Property or other personal property shall be reimbursed to Landlord by Tenant as Additional Rent on demand. Section 20.02 If the Expiration Date or the date of the Property after the expiration or earlier sooner termination of the term of this Lease 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 extensions thereofsuch 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 consent provisions of this Article. 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 operate pay to Landlord, as liquidated damages and be construed not as a tenancy from 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 to month only, at one hundred fifty percent (150%) of the Basic Term or (b) the then current Fair Market Value Rent reserved herein for the Premises, and upon Tenant shall continue to occupy the same Premises subject to all of the other terms and conditions of this Lease insofar as contained in the same are applicable to a month-to-month tenancy. Section 20.05 Tenant's obligations under this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent Article shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon survive the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Surrender. Upon the termination of 24.1 Except as otherwise provided in this Lease, Tenant Tenant, on the last day of the Term, shall peaceably surrender the Property deliver all keys to Landlord in and surrender and deliver up the same condition in which they were received from 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 commencement option of this LeaseLandlord or subleases to which Landlord shall have specifically consented, except as altered as permitted and free and clear of all liens and encumbrances other than those, if any, presently existing or required 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, furniture, fixtures, and equipment may be removed by Tenant at or before this Lease and except for ordinary wear and tearterminates, provided, however, that the removal will not injure the Premises or the Improvements or necessitate changes in or repairs to the same. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 property of Landlord. Landlord may thereafter pay or cause such property to be removed and disposition and 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 the right to require Tenant to demolish and remove any buildings, alterations or improvements constructed on the Premises by Tenant, in which case Tenant will promptly do so, fill any excavation, and restore all damage caused by such removal removal 24.3 Any personal property of Tenant or any subtenant that shall be borne by Tenant. Notwithstanding anything to remain on the contrary contained herein, upon Premises after the termination of this Lease pursuant to a default by Tenantand the removal of Tenant or such subtenant from the Premises may, at the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent option of Landlord, shall operate be deemed to have been abandoned by Tenant or such subtenant and may either be construed retained by Landlord as a tenancy from month to month onlyits property or be disposed of, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlordaccountability, in addition such manner as Landlord may see fit, or if Landlord gives written notice to collecting Basic Rent Tenant to such effect, such property shall be removed by Tenant at a rate of one hundred fifty percent (150%) thereof, to exercise all rights Tenant’s sole cost and remedies provided by law or in equityexpense. If this Lease terminates early for any reason other than the default of Tenant fails then, 24.4 Landlord shall not be responsible for any loss or damage occurring to surrender the Property upon the any property owned by Tenant or any subtenant. 24.5 The provisions of this section shall survive any termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Surrender. Upon the expiration of the Term or earlier termination of this LeaseTenant’s right of possession, Tenant shall peaceably surrender the Property Premises to Landlord in the same condition as received, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by Tenant or any Tenant Parties, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which they were received from Landlord at such access card was used or changing the commencement of this Leaselock or locks opened by such lost key. Any Tenant’s Property, except as altered Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, Landlord at Tenant's ’s expense, shall at and Tenant waives all claims against Landlord for any damages resulting from L▇▇▇▇▇▇▇’s retention and/or disposition of such times property. All obligations of removal, repair any damage caused by such removal. Property Tenant hereunder not so removed shall become fully performed as of the 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 pursuant to a default by Tenantthe Term, including the heatingobligations of Tenant under Section 30 hereof, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after survive the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failureTerm, including, without limitation, any claims made by any succeeding tenant founded upon such failure indemnity obligations, payment obligations with respect to surrender Rent and any lost profits to Landlord resulting therefromobligations concerning the condition and repair of the Premises.

Surrender. Upon Section 21.1 On the last day of the term demised, or on the sooner termination thereof, Tenant shall peaceably and quietly leave, surrender and yield up unto Landlord the Demised Premises, broom-clean, in good order and repair, ordinary wear and tear excepted, together with all alterations, additions and improvements which may have been made in the Demised Premises, except as otherwise provided for under this Lease. All property not removed by Tenant shall be deemed abandoned by Tenant. If the Demised Premises are not surrendered at the end of the term in the condition and on the basis provided for in this Lease, Tenant shall peaceably indemnify Landlord against damage, loss and liability resulting from Tenant’s failure or refusal to surrender the Property to Landlord Demised Premises in the same condition and on the basis provided in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent demand of Landlord, shall operate reimburse Landlord for such damage, loss and be construed as a tenancy from month to month onlyliability and which damage, at one hundred fifty percent (150%) of the Basic Rent reserved herein loss and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent liability shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, includinginclude, without limitation, any claims made by any succeeding tenant founded upon on Landlord’s delay in delivering the Demised Premises. Notwithstanding anything to the contrary herein contained, Tenant agrees that the minimal use and occupancy charge payable by Tenant for any holdover period shall be at a per annum rate (prorated for the holdover period) equal to one and one half times the rent payable by Tenant for the last lease year of the expired term, but nothing herein contained shall be a consent by Landlord to such failure to surrender and any lost profits to Landlord resulting therefromholdover.

Surrender. Upon (a) At any time, and from time to time hereunder, Lessee shall have the termination right to terminate, surrender and relinquish this Agreement, or all or any portion hereof as it may relate to all or any portion of this Leasethe Property, Tenant shall peaceably surrender by giving written notice to Lessors of such election, by executing and delivering to the Lessors or placing of record in Imperial County a quitclaim deed or deeds covering all or any part of the Property to Landlord so surrendered . (b) Such surrender will be effective upon delivery of notice as provided in the same condition in which they were received Section 23 below, but shall not release Lessee from Landlord at the commencement of this Lease, except as altered as permitted any liability or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property obligation arising prior to the Effective Date of said notice or any obligation which survives termination. (c) Upon such termination all its property that is capable of removal without causing damage surrender, Lessee shall have no further obligations under this Agreement with respect to the Property, andor to such portion thereof to which surrender applies, at Tenantexcept for any liability or obligation accruing prior to the Effective Date of such surrender or which expressly or by obvious implication survives termination. relinquishment shall not reduce Lessee's expenseroyalty or other payment obligations. (d) In the event that Lessee surrenders this Agreement as to all of the Property, Lessors shall at retain the royalties and rentals previously paid to Lessors hereunder as full consideration for the rights granted herein. A partial termination, surrender, or relinquishment shall not reduce Lessee's royalty or other payment obligations. (e) Notwithstanding such times surrender, Lessee shall nevertheless, subject to approval of removalthe Surface Lessors, repair any damage caused by retain such removal. rights-of-way and easements over, upon, through, and across the Property not so removed shall become the 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 surrendered as shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain necessary or convenient for Lessee's operations on the Property and shall become the property of Landlord. Any holding over by Tenant so much of the Property after as shall then be retained by Lessee under the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromAgreement.

Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Property Leased Premises to Landlord in the same condition in which they were received from Landlord the Leased Premises was at the commencement of this LeaseCommencement Date, except as altered repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease Lease, and except for ordinary wear and teartear and any Condemnation as set forth in Section 18(c) and any Casualty resulting in a termination of this Lease pursuant to Section 18(d). Tenant shall remove from the Leased Premises all Tenant’s Property prior to such termination and all its other personal property that which is capable of removal without causing damage to the Propertyowned by Tenant or third parties other than Landlord, and, at Tenant's expense, shall at such times of removal, and repair any damage caused by such removalremoval and restore the Leased Premises to good condition suitable for use of each Location as a Permitted Facility by another Person (including, without limitation, restoration of floor slabs, ceiling, walls, columns and other structural elements of the Improvements or building systems affected by installation or removal of any Tenant’s Property). Those items of Tenant’s Property and other personal property not so removed prior to the expiration of this Lease or thirty (30) days after an earlier termination shall be considered abandoned and shall become the sole and exclusive property of Landlord. Landlord may thereafter cause such property to be removed and disposition and from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne paid by TenantTenant to Landlord upon demand. Notwithstanding anything Landlord shall not in any manner or to the contrary contained herein, upon termination of this Lease pursuant any extent be obligated to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become reimburse Tenant for any property which becomes the property of LandlordLandlord pursuant to this Section 31. Any holding over by Tenant of the Property after This Section 31 shall survive the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Surrender. Upon the expiration or sooner termination of the Term of this Lease, if Tenant has fully and faithfully perform-ed all of the terms, conditions and covenants of this Lease to be performed by Tenant, but not otherwise, Tenant shall, at its sole cost and expense, remove all personal property and trade fixtures which Tenant has installed or placed in or on the Premises (all of which are hereinafter referred to as "Tenant's Property") from the Premises and repair all damage thereto resulting from such removal, and Tenant shall peaceably thereupon surrender the Property to Landlord Premises in the same condition in which they were received from Landlord at as on the commencement Occupancy Date, reasonable wear and tear excepted. If Tenant has not fully and faithfully performed all of the terms, conditions and covenants of this LeaseLease to be performed by Tenant, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall never-theless remove Tenant's Property from the Premises in the manner aforesaid within fifteen (15) days after receipt of written direction to do so from Landlord. In the event Tenant shall fail to remove any of Tenant's Property prior to such termination all its property that as provided herein, Landlord may, but is capable of removal without causing damage to the Property, andnot obligated to, at Tenant's expense, shall at remove all of such times of removal, repair any damage caused by such removal. Tenant's Property not so removed and repair all damage to the Premises resulting from such removal, and Landlord shall become the property of Landlord. Landlord may thereafter cause such property have no responsibility to be removed and disposition and the cost of repairing Tenant for any loss or damage to Tenant's Property caused by or resulting from such removal shall be borne by Tenantor otherwise. Notwithstanding anything to If the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, Premises is not surrendered at the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant end of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefromTerm, Tenant shall protect, defend, indemnity and hold harmless indemnify Landlord from against all loss, costs, attorneys' fees, damages and liabilities loss or liability resulting from such failure, delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded upon due to such failure delay. Tenant agrees not to surrender and commit or allow waste to be committed on any lost profits to Landlord resulting therefromportion of the Premises.

Surrender. Upon the expiration or earllier termination of this Lease, Tenant shall peaceably leave and surrender the Property Leased Premise (except as to Landlord any portion thereof with respect to which this Lease has previously terminated) to Landdlord in the same condition in which they the Leased Premises were originally received from Landlord at the commencement of this Lease, except as altered to any repair or Alteration as permitted or required by any provision of this Lease Lease, and except for ordinary wear and teartear and damage by fire, casualty or condemnation but only to the extent Tenant is not required to repair the same hereunder. Tenant shall may remove at Tenant's sole cost and expense from the Property Leased Premises on or prior to the expiration or earlier termination of this Lease, Tenant's Trade Fixtures, Inventory and any personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such . expiration or earlier termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, shall at such times of removalthis Lease, repair any damage caused by such removal. Property Tenant's Trade Fixtures and personal property not so removed at the expiration of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord. , and Landlord may max thereafter cause such property to be removed and disposition and from the cost of repairing Leased Premises. Landlord shall not in any damage caused by such removal shall manner or to any extent be borne by Tenant. Notwithstanding anything obligated to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become reimburse Tenant for any property that becomes the property of LandlordLandlord in the manner set forth in the proceeding sentence. Any holding over by Tenant of the Property after the Upon such expiration or earlier termination of the term of this Lease Term hereof no party shall have any further rights or any extensions thereof, with the consent of Landlord, shall operate and be construed obligations hereunder except as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies specifically provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromherein.

Surrender. 14.2.1. Upon the expiration or earlier termination of this Leasethe Term, the Tenant shall peaceably surrender the Property Premises to the Landlord in good order and repair (damages reasonably beyond the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease Tenant's control and except for ordinary wear and teartear 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 Premises (a) shall immediately upon the completion of the installation thereof, be and become the Landlord's property without payment therefore by the Landlord, and (b) shall 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 shall remove from 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 prior to such termination all its property that is capable of removal without causing damage to generally) shall remain the Property, and, at Tenant's expense, property and shall at such times of removal, repair any damage caused by such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and by 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property within five (5) days after the expiration or earlier termination of the term term, and the Tenant shall promptly thereafter fully restore any of this Lease 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 extensions thereof, other person and without obligation to account for such property. The Tenant shall pay the Landlord for all expenses incurred in connection with the consent storage or the removal of Landlordsuch 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 operate not be responsible for the care or safekeeping of such property, and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein Tenant hereby waives any and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made destruction and/or damage or injury which may be occassioned by any succeeding tenant founded upon such failure of the aforesaid acts. Lessor's obligation to surrender observe and any lost profits to Landlord resulting therefromperform this covenant will survive the expiration or other termination of the Lease.

Surrender. Upon ­‐ Tenant will, upon termination of this Lease, surrender the premises and all fixtures and equipment of the Landlord therein in good, clean, and operating condition, ordinary wear and tear excepted. Utilities shall be disconnected and all final bills paid. Utilities and proof of receipts provided by Tenant. Tenant shall, at time of vacating the premises: a. Clean said premises and remove trash from the premises. b. If the premises is rented with wall-­‐to-­‐wall carpet or rugs, then Tenant, at the termination of this Lease, will shampoo and clean said rug or carpet prior to vacating the premises. c. Upon vacating the premises, Tenant shall peaceably surrender deliver all keys thereto to the Property Landlord or Agent managing the premises within twenty-­‐four (24) hours after vacating. Failure to Landlord comply will be cause to charge Tenant for changing locks. d. Tenant will be responsible for any damages to walls or woodwork including but not limited to those resulting from the use of picture hooks, cup hooks, nails, or screws and said Tenant agrees to repair all holes and damage made in walls and woodwork, etc. at his expense. Tenant will return all floors cleaned and waxed and in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tearreceived. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing responsible for any damage to the Property, and, floors due to water stains. e. If premises were delivered at Tenant's expense, shall beginning of tenancy with windows washed at such times of removal, repair any damage caused by such removal. Property not so removed shall become the 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent expense of Landlord, premises shall operate be returned in same clean condition at end of tenancy. f. Any property which is left on the premises at the end of tenancy shall be considered to be abandoned by Tenant and be construed as a tenancy from month to month onlyshall, at one hundred fifty percent (150%) Landlord's option, become Landlord's property and Landlord may dispose of it without liability. Any of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle above items not completed by Tenant will be completed by Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromwill be charged accordingly.

Surrender. Upon 25.1 At the expiration of the lease term or upon any earlier termination of this Leaselease, Tenant shall peaceably surrender the Property immediately: (a) deliver to Landlord free and clear title to the Improvements (excepting only Tenant's personal property, equipment and trade fixtures which can be, and are, removed by Tenant without permanent damage to the Premises) without any payment to Tenant or allowance of any kind whatsoever by Landlord; provided that nothing herein shall require Tenant to satisfy any obligations arising through Landlord. Landlord may examine condition of title at Tenant's cost to assure itself that the title offered is in conformity with the same terms of this lease; and (b) restore the Premises to their condition in which they were received from Landlord at the commencement of this Leasethe lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage caused by such removal. Property not so removed removal of Tenant's personal property, equipment or trade fixtures, or Tenant's occupancy of the Premises, and quit, surrender and return possession of the Premises to Landlord in a neat, clean, and sanitary condition, and in good working order, reasonable wear and tear and casualty loss excepted, and shall become the property of Landlord. deliver to Landlord may thereafter cause such property to be removed all information documents and disposition and the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything tangible items necessary or convenient to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant operation of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failurePremises, including, without limitation, any keys, combinations to locks and access systems, manuals and instruction booklets, warranties, receipts, bills, invoices, statements, licenses, and permits, building plans and specifications, contracts and other documents. 25.2 Any personal property remaining on the Premises after the expiration of the lease term may, at Landlord's option, be deemed abandoned by Tenant and Tenant releases Landlor▇ ▇▇▇▇ all claims made and liability in connection with such personal property. Upon expiration, or if the lease is terminated prior to its normal expiration, Landlord shall have the right, but not the obligation, to remove all of Tenant's personal property from the Premises and place the same in a public warehouse at Tenant's expense and risk. Landlord shall have the right, but not the obligation, to sell such stored property if it has not been claimed, and all charges for removal, packing, transport and storage paid by Tenant within thirty (30) days, and the proceeds of sale shall be applied first to the costs of sale, second to the costs of removal, packing, transport and storage, third to the payment of any succeeding tenant founded upon such failure other sums due Landlord from Tenant, and the balance, if any, shall be paid to surrender and any lost profits to Landlord resulting therefromTenant.

Surrender. Upon Tenant shall on the last day of the Term, or upon any earlier termination of this Lease, quit and peacefully surrender and deliver up the Premises, including the Tenant Improvements and all other improvements to the Premises, to the possession and use of the Landlord without delay and in good order, condition and 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 renewal required to be made by Tenant, all as provided under this Lease) and in accordance with the Brand Standards. The Premises shall peaceably surrender the Property to Landlord in the same condition in which they were received from Landlord at that time be free and clear of all leases and occupancies, except as may be permitted under this Lease. The Premises shall be surrendered free and clear of all liens and encumbrances other than those existing at the commencement of this Leasethe Term, except as altered as or created or suffered by the Landlord or permitted or required by this Lease hereunder and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 surrendered without any payment by Tenant. Notwithstanding anything to the contrary contained herein, upon termination Landlord on account of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain Tenant Improvements or any other improvements which may be on the Property and shall become the property of LandlordPremises. Any holding over by Tenant of the Property Upon or at any time after the expiration or earlier termination of this Lease, subject to the term 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 right to receive all income from the same. Upon termination of this Lease or any extensions thereofLease, with whether at the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) end of the Basic Rent reserved herein Term or upon any earlier termination, all Building Equipment, and upon the same terms portion of the FF&E located on the Hotel portion of the Premises and conditions as contained in this Leaseother 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 holding over without Landlord's consent 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 entitle 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 addition 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 collecting Basic Rent at 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 rate list of one hundred fifty percent (150%) thereof, FF&E and other movable personal property and trade fixtures that Tenant intends to exercise all rights and remedies provided by law remove upon expiration or in equity. If Tenant fails to surrender the Property upon the earlier termination or expiration of this Lease, in addition to Lease for any reason other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromthan an Event of Default.

Surrender. Upon Subject to the provisions of Section 4.05 hereof, on the Expiration Date (or earlier termination of this Lease), Tenant shall peaceably quit and surrender possession of the Property Premises to Landlord in the same as good order and condition in which as they were received from Landlord at in on the commencement of this LeaseCommencement Date, except as altered as permitted or required by this Lease and except for ordinary reasonable wear and tear, taking by c o n d e m n a t i o n and repairs that are Landlord’s responsibility under this Lease excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance p r a c t i c e or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove a l l furniture, equipment, t r a d e fixtures, debris and articles of personal property owned by Tenant in the Premises, and shall remove from the Property prior to such termination all its property that is capable of removal without causing repair any damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage caused by Premises resulting from such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause Any such property to be not 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of by the Property after the expiration Expiration Date (or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding ) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent account and at a rate the expense and risk of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equityTenant. If Tenant fails shall fail to surrender pay the Property cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the termination proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money that may then or expiration thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, in addition the balance, if any, to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromTenant.

Surrender. Upon SECTION 21.01 On the Expiration Date or upon the sooner termination of this Lease or upon any re-entry by Landlord upon the Premises, Tenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good order, condition and repair except for ordinary wear, tear and damage by fire or 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 and all personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant's Property or 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 as 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 Landlord by Tenant as Additional Rent on demand. SECTION 21.02 If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Tenant's obligations under Section 21.01 shall be performed on or prior to the immediately preceding business day. SECTION 21.03 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 22.01 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 Article. SECTION 21.04 If the Premises are not surrendered upon the termination of this Lease, Tenant shall peaceably surrender the Property to hereby indemnifies Landlord in the same condition in which they were received against liability resulting from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over delay by Tenant of in so surrendering the Property after the expiration or earlier termination of the term of this Lease or any extensions thereofPremises, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, including any claims made by any succeeding tenant or prospective tenant founded upon such failure delay. SECTION 21.05 In the event Tenant remains in possession of the Premises after the termination of this Lease without the execution of a new lease, Tenant, at the option of Landlord, shall be deemed to surrender be occupying the Premises as a tenant from month to month, at a monthly rental equal to three times the Fixed Rent and any lost profits Additional Rent payable during the last month of the Term, subject to Landlord resulting therefromall of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. SECTION 21.06 Tenant's obligations under this Article shall survive the termination of this Lease.

Surrender. Upon On the last day of the Term, including any option term, or upon the sooner termination of this Leasethereof, Tenant shall peaceably and quietly surrender the Property to Landlord Leased Premises and all improvements thereon in the same condition in which they were received from Landlord as at the commencement of this LeaseLease in good order, except as altered as permitted or required by this Lease condition and except for ordinary repair, fire and other unavoidable casualty, and reasonable wear and teartear excepted. All alterations, additions, and improvements other than business and trade fixtures which may be made or installed 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 remove from all of its equipment and personal property, the Property prior to such termination all its property that is capable of removal without causing damage Temporary Addition and any other improvements to the PropertyPremises approved by the Design Review Board for temporary installation only, and, at Tenant's expense, and shall at such times of removal, repair any damage caused occasioned by such removal. Property Any personal property not so removed shall become the 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 Tenant shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property deemed abandoned and shall become the property of Landlord. Any holding over by ; provided, that Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten (10%) percent per annum from the The delivery to Landlord at the place then fixed for the payment of rent of the Property after keys or door access system cards and software to the expiration Leased Premises shall constitute surrender of the premises by Tenant. Acceptance of the keys or earlier door access system cards and software by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the term property of Tenant then 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 any extensions thereofto secure the payment of damages, with the consent and Landlord may retain possession of Landlord, such property until payment in full of said amounts. Said lien shall operate and not be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained defeated by placing such property in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equitystorage. If Tenant fails to surrender the Property upon has not redeemed said property within ninety (90) days after the termination or expiration of this said Lease, Landlord may sell such property at public or private sale without further notice to Tenant, and shall apply in addition a reasonable manner determined by Landlord the proceeds of sale to any other liabilities reduce the amounts then owed from Tenant to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromLandlord.

Surrender. Upon On the termination Lease Expiration Date, Tenant, at its sole cost, shall return possession of the Premises to Landlord in accordance with Tenant’s obligations under this Lease, and otherwise in the condition described on Exhibit F attached hereto, ordinary wear and tear, condemnation and damage by fire or casualty excepted; provided, however, if any condition listed on Exhibit F was not satisfied as of the Lease Commencement Date, and Landlord and Tenant confirm, in writing, the non-satisfaction of any such condition (neither Landlord nor Tenant shall unreasonably withhold agreement on such list of unsatisfied conditions as of the Lease Commencement Date), then such condition shall not apply to Tenant hereunder and Tenant shall not be required to satisfy such condition as of the Lease Expiration Date or other time of surrender by ▇▇▇▇▇▇. Conditions existing as a result of (i) Tenant’s failure to Maintain the Premises or the Project, as required by this Lease, (ii) Tenant’s failure to abide by the terms of this Lease or its default, or (iii) the presence of Hazardous Materials on, in, under or about the Premises, the Project or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises or the Project, shall not be deemed “ordinary wear and tear.” On or before the Lease Expiration Date, Tenant, at its sole cost, shall remove Tenant’s Property from the Project and repair all damage resulting from such removal and restore the Project to good order and condition, subject to the “Alterations; Liens” Section above. If ▇▇▇▇▇▇ fails to remove any of Tenant’s Property as required hereunder, then Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord, and/or Landlord may at Tenant’s expense remove and/or dispose of any Tenant’s Property in any manner Landlord deems appropriate. If ▇▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall peaceably surrender the Property to pay Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 property of Landlord. resulting damages 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromsuffer.

Surrender. Upon the expiration of the Term or earlier termination of this LeaseTenant’s right of possession, Tenant shall peaceably surrender the Property Premises to Landlord in the same condition as existing on the Commencement Date, subject to any Alterations or Installations permitted or required by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party (collectively, “Tenant HazMat Operations”), broom clean, ordinary wear and tear and damage that Tenant is not required by this Lease to repair excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant, other than access cards for the security system which they were received from Landlord at is the commencement property of this LeaseTenant. Any Tenant’s Property, except as altered Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, Landlord at Tenant's ’s expense, shall at and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such times property. All obligations of removal, repair any damage caused by such removal. Property Tenant hereunder not so removed shall become fully performed as of the 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 pursuant to a default by Tenantthe Term, including the heatingobligations of Tenant under Section 30 hereof, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after survive the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failureTerm, including, without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the condition and repair of the Premises. Provided that Tenant has complied with its obligations hereunder, Tenant shall not be charged any claims made fee for elevator service, supervision, guard service, or cleaning upon Tenant’s moving into the Premises after the Commencement Date, or at the expiration or earlier termination of the Term, unless such services are requested by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromTenant.

Surrender. (a) Upon the expiration or earlier termination of this Lease, Tenant shall peaceably surrender the Property Premises to Landlord in the same condition in which they the Premises were originally received from Landlord at the commencement of this LeaseLandlord, except as repaired, rebuilt, restored, altered or added to as permitted or required by this Lease hereby and except for ordinary wear and tear. Tenant shall remove from the Property Premises on or prior to such expiration or termination all its property that is capable of removal without causing damage to the Property, and, at Severable Alterations and all Tenant's expense, Personal Property and shall at such times of removal, repair any damage caused by such removal. Property not so removed shall become the property of Landlord. , and Landlord may thereafter cause such property to be removed from the Premises and disposed of, but the cost of any such removal and disposition and the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything Landlord shall credit the net proceeds of a disposition of such property actually realized by Landlord against such costs to the contrary contained herein, upon termination of this Lease pursuant to a default be borne by Tenant, provided that the heatingLease termination giving rise to such disposition was not caused by an Event of Default. If Tenant abandons Tenant's Personal Property, ventilation and air conditioning systems shall remain on the Property and it shall become the property of LandlordLandlord as outlined above. Any holding over by Tenant The fair market value of the Tenant's Personal Property after shall be determined by the expiration or earlier termination mutual agreement of Landlord and Tenant, and if the term parties cannot agree, by appraisal by an unrelated third-party appraiser. The provisions of this Lease or any extensions thereof, with the consent of Landlord, Section shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon survive the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom. Simultaneously with such surrender, Tenant shall protectdeliver to Landlord: (i) to the extent maintained by Lessee in the ordinary course of its business, defendoriginals of all transferable operating licenses, indemnity other licenses, certificates of occupancy, other certificates, permits, authorizations and hold harmless Landlord from approvals relating to the use and occupancy of the each Project; (ii) to the extent in the possession or control of Tenant (x) plans and specifications for all lossmechanical, costs, attorneys' fees, damages electrical and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure HVAC systems pertaining to surrender and any lost profits to Landlord resulting therefrom.each Project and

Surrender. Upon the expiration or earlier termination of this Lease or the termination of this Lease, Tenant shall peaceably surrender Tenant's right to occupy the Property to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Leased Property, and, at Tenant's expense, all Improvements shall at such times of removal, repair any damage caused by such removal. Property not so removed shall automatically become the property of Landlord. Landlord may thereafter cause such property Tenant covenants to be removed thereupon surrender the Leased Property in good and disposition (if applicable) operating condition, reasonable wear and the cost tear excepted, free and clear of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything liens, claims, charges or encumbrances and with no Hazardous Material located therein, thereon or thereunder (other than those liens, claims, charges, encumbrances and Hazardous Materials which are attributable to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property any act or omission of Landlord. Any holding over by ), and Tenant of shall at its sole cost and expense remove Tenant's records and all consumable items from the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equityLeased Property. If Tenant fails to surrender remove any such records or consumable items, Landlord may deem the same abandoned by Tenant, or Landlord may, but is not obligated to, at Tenant's expense and without notice to Tenant, remove the same from the Leased Property upon the termination or expiration of this Leaseand thereafter, in addition Landlord's sole discretion, use, consume, destroy, dispose of or sell all or any part thereof without notice to any other liabilities Tenant. Any proceeds from sales of such property by Landlord shall belong solely to Landlord accruing therefromLandlord. Upon termination of Tenant's occupancy, Tenant shall protect, defend, indemnity promptly execute and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits deliver to Landlord resulting therefrom(i) a quitclaim deed or, at Landlord's option, a memorandum, in recordable form, evidencing the termination of this Lease and (ii) bills of sale and other documents and instruments of conveyance, transfer and assignment as Landlord may reasonably request to evidence Landlord's acquisition of ownership of the Improvements.

Surrender. Upon Provided that all of the termination Surrender Conditions have been fully and completely and timely satisfied, then effective as of the Partial Termination Date, this LeaseLease solely with respect to the Surrender Space, and the rights of the Tenant solely with respect to the Surrender Space shall terminate and expire with the same force and effect as if such Partial Termination Date had originally been specified as the Expiration Date. Prior to the later of (such later date, the “Partial Surrender Date”) (i) the Partial Termination Date, and (ii) the date on which Tenant actually surrenders and yields-up the Surrender Space, Tenant shall peaceably surrender comply with all of the Property to Landlord in terms and provisions of the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination perform all of its property that is capable of removal without causing damage obligations hereunder with respect to the Property, 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 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, Surrender Space including, without limitation, any claims made by any succeeding tenant founded upon such failure the obligation to pay when due all Annual Fixed Rent and other Additional Rent. By not later than the Partial Termination Date, Tenant shall surrender and yield-up the Surrender Space in good and broom-clean order, repair and condition, free of all tenants and occupants, and otherwise in the condition in which the Premises are required to be surrendered, subject to and in accordance with the provisions of Section 16.4 of this Lease at the expiration of the Term. All property and Alterations of any lost profits kind, nature or description remaining in the Surrender Space after the Partial Surrender Date shall be and become the property of Landlord and may be disposed of by Landlord, without payment from Landlord and without the necessity to Landlord resulting therefromaccount therefor to Tenant.

Surrender. Upon (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 Premises to Landlord “broom clean” and in good order, condition and repair, ordinary wear, tear and damage by fire or other casualty and damage for which Landlord is solely responsible excepted, together with all Alterations (except as otherwise provided for in this Lease). Tenant shall, at its expense, remove from the Building (i) all of Tenant’s Property, (ii) Extraordinary Fixtures (as defined below) required to be removed by Landlord (in accordance with Section 20.01(b) below), and (iii) any personal property of Tenant or persons claiming through or under Tenant, and shall repair or pay the cost of repairing all damage to the Premises and the Building occasioned by such removal. Any Tenant’s Property or other personal property which shall remain in the Premises (A) after the Expiration Date or (B) for thirty (30) days after the termination of this Lease, Tenant Lease shall peaceably surrender the Property be deemed to have been abandoned and either may be retained by Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable or may be disposed of removal without causing damage to the Property, and, at Tenant's expense, shall at as Landlord may see fit. If such times of removal, repair any damage caused by such removal. Property property not so removed shall become the property of Landlord. be sold, Landlord may thereafter cause receive and retain the proceeds of such property sale and apply the same, at its option, against the expenses of the sale, moving and storage, arrears of rent and any damages to which Landlord may be removed and disposition and the cost of repairing any damage caused by such removal entitled. Any excess proceeds shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord by Tenant as Additional Rent on demand. The obligations of Tenant under this shall survive the expiration or sooner termination of the Property after Lease. (b) Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or such person may have under the provisions of Section 22.01 of the New York Civil Practice Law and Rules and any similar successor law of same import then in force in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Article. (c) Simultaneously with Landlord’s approval of the Initial Improvements or any subsequent Alteration, provided Tenant shall expressly request Landlord to do so in a writing accompanying Tenant’s plans and specifications submitted to Landlord for approval pursuant to Article 7 Landlord shall notify Tenant (i) whether, in Landlord’s opinion, any of the alterations, additions or improvements to be installed with the Initial Improvements or subsequent Alteration in question (as the case may be) constitute an Extraordinary Fixture (and identifying same) and (ii) which items, of those identified as Extraordinary Fixtures, Tenant must remove at the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding If Landlord notified Tenant at the foregoingtime Landlord approves the Initial Improvements or any subsequent Alteration in question (as the case may be) that in Landlord’s opinion the alterations, additions or improvements (or any holding over without Landlord's consent shall entitle Landlordof them) installed in connection therewith constitutes an Extraordinary Fixture, in addition but that Landlord will not require Tenant to collecting Basic Rent remove same at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law the expiration or in equity. If Tenant fails to surrender the Property upon the sooner termination or expiration of this Lease, in addition then Landlord shall have waived its right to any other liabilities cause Tenant to Landlord accruing therefromremove such alterations, additions or improvements and Tenant shall protectnot be obligated to remove same. If Landlord fails to notify Tenant at the time Landlord approves the Initial Improvements or any subsequent Alteration (as the case may be) that in Landlord’s opinion an alteration, defendaddition or improvement to be installed in connection therewith constitutes an Extraordinary Fixture or that Landlord will require Tenant to remove same at the expiration or earlier termination of this Lease, indemnity then Landlord shall be deemed to have waived its right to cause Tenant to remove such alterations, additions or improvements and hold harmless Landlord from all lossTenant shall not be obligated to remove same. “Extraordinary Fixture” means (i) any slab opening in the Premises which does not exist as of the date hereof and which is made by Tenant, costsand (ii) a fixture which, attorneys' feesat the time of installation, damages (aa) is not the type of improvement customarily found in a standard office installations and liabilities resulting from (bb) is materially more expensive to remove than the type of improvement that is customarily found in standard office installations; such failureas, including, without but not by way of limitation, any claims made by any succeeding tenant founded upon such failure to surrender internal staircases, vaults, safes, raised floors, reinforced floors, slabs, computer installations (including all cabling and wiring), cooking kitchens, libraries, file rooms, conveyors, dumbwaiters, specialty finishes and private bathrooms and any lost profits other unusual improvements to the extent that any of the foregoing were installed in the Premises after the date hereof and restore the Premises to their condition prior to the making of such improvements provided that air handlers, chillers and other air conditioning equipment installed by or for Tenant shall in no event constitute “Extraordinary Fixtures”, and provided further that Tenant shall reimburse Landlord resulting therefrom.for the cost of restoring the elevator, and re-programming the same to reinstate the modifications being performed by Landlord as described in Exhibit L.

Surrender. Upon At the expiration of the Term or the earlier termination of this Sublease: (1) The Tenant agrees to peaceably surrender and yield up to the Landlord the Demised Premises in the state of repair required of the Tenant pursuant to this Sublease, which shall thereupon vest in the Landlord free and clear of all financial encumbrances without any necessity for any transfer documentation and for no consideration and thereupon the rights of the Tenant under this Sublease shall terminate. To this end, the Landlord and Tenant agree to meet on or about the twentieth (20th) anniversary of the Commencement Date to discuss any improvements and expenditures of a capital nature that may be required in respect of the Demised Premises, including the Building, and the Parties' long-term planning in respect of the building. (2) The Tenant also agrees to deliver to the Landlord copies of all books and records with respect to the Demised Premises as are in its possession at such time so as to ensure the orderly continuance of operation of the Demised Premises by the Landlord if the Landlord so requires beginning on the date this Sublease is terminated. The Landlord shall have the right to review the Tenant’s original books and records related to the Demised Premises as and when necessary. (3) The Tenant shall not execute any agreement with respect to the Demised Premises (including a lease or an agreement for the provision of services) which expires after the end of the Term, without the consent of the Landlord, which may be unreasonably withheld, conditioned or withheld. (4) Notwithstanding the termination of this Leasethe Sublease, whether at the expiration of the Term or earlier as is provided herein, the Tenant shall peaceably surrender the Property to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage remain liable to the Property, and, at Tenant's expense, shall at such times of removal, repair Landlord for any damage caused default hereunder by such removal. Property not so removed shall become the 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 pursuant to a default by Tenant, notice of which has been received by the heatingTenant, ventilation during the Term and air conditioning systems shall which remain on the Property and shall become the property of Landlord. Any holding over by Tenant outstanding as of the Property after the expiration or earlier termination expiry of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent Term. (150%5) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, it is understood that the Tenant, upon termination or expiry of this Sublease for any holding over without Landlord's consent shall entitle Landlordcause, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property may go upon the termination or expiration Demised Premises and remove chattels, trade fixtures and other personal property in each case placed thereon by the Tenant, provided the Tenant takes such action during the term of this the Head Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Surrender. a. Upon the expiration or earlier termination of this Lease, Tenant shall peaceably perform each of the following: i. quit and surrender the Property Leased Premises to Landlord in the same order, condition in which they were received from Landlord at and repair as of the commencement of this LeaseCommencement Date, except as altered as permitted or required by this Lease and except for ordinary wear and teartear excepted; and ii. Tenant shall remove from the Property prior to such termination Leased Premises all its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, shall at such times of removal, property and repair any damage caused by such removal. Property not so removed shall become . b. If Tenant fails to vacate the 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 hereinLeased Premises, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, Landlord may remove and/or store Tenant's property at Tenant's expense without liability to Tenant for any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law loss or in equitydamage thereto. If Tenant fails to surrender does not claim and take delivery of any of Tenant's property that remains on the Property upon Leased Premises or in storage for more than twenty (20) days after the termination or expiration of this Lease, in addition as well as pay Landlord all amounts due under this Lease, including costs of removal and storage, Landlord may sell all or any portion of such property at a public or private sale after having given Tenant ten (10) days prior written notice. c. Landlord may apply the proceeds of such sale to any other liabilities the costs of removal, storage and sale of the property, and then to payment of all amounts due Landlord accruing therefromunder this Lease. Any amount remaining shall be paid to Tenant upon Tenant's written demand, without interest. d. Notwithstanding the foregoing, Tenant shall protectretain all right, defendtitle and interest in the trade fixtures, indemnity furniture, equipment and hold harmless Landlord from all lossnon-fixture personalty owned by Tenant, costs, attorneys' fees, damages located on the Leased Premises and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromused in the operation of its business.

Surrender. Upon the expiration or sooner termination of this Lease, Tenant shall peaceably surrender the Property Premises (including the Affixed Equipment) to Landlord the District in the same condition in which they were received that existed on the Commencement Date, ordinary wear and tear excepted; provided, however, Tenant shall be entitled to remove any of Tenant’s property located therein and Tenant shall repair any damage resulting from Landlord such removal. Upon surrender of possession of the Premises and use of the Property, at the commencement request of the District, Tenant shall remove any tenant improvements, Trade Fixtures, or Alterations and restore the Premises to the condition existing upon the Commencement Date. If Tenant fails to surrender the Premises or fails to restore the Premises upon expiration or termination of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable be in breach of removal without causing damage to the Property, 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 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 Tenantthis Lease. Notwithstanding anything to the contrary contained hereinin this Lease, if Tenant continues in possession of the Premises following the date that is 15 days following the expiration or termination of this Lease, the monthly Base Rent will increase, automatically and without notice, to an amount equal to 150% of the Base Rent paid by Tenant immediately prior to such holdover commencing. The Parties agree that the foregoing amount of Base Rent payable during any hold over by Tenant is a reasonable amount. Tenant shall indemnify, defend, protect and hold harmless all District Indemnified Parties from and against any and all Claims whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to Tenant’s continued possession of the Premises. Notwithstanding anything in this Lease to the contrary, the foregoing increased rent shall be the District’s sole and exclusive remedy in the event Tenant continues to occupy the Premises at the end of the Term; provided, however, that the District shall retain the right to terminate this Lease or otherwise terminate Tenant’s possession of the Premises at the end of the Term or upon earlier termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, legal means including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrombringing an action for unlawful detainer.

Surrender. Upon the expiration of the Term or earlier termination of this LeaseTenant’s right of possession, Tenant shall peaceably surrender the Property Premises to Landlord in broom clean condition (a) in the same condition in which they were received from Landlord at as of the commencement of this Lease, except as altered as permitted or required by this Lease and Effective Date (except for any Alterations permitted by Landlord to remain in the Premises pursuant to Section 12), subject to ordinary wear and tear. tear and casualty loss and condemnation covered by Sections 18 and 19, (b) with all wires, cables or similar equipment which Tenant shall remove from has installed in the Property prior to such termination all its property that is capable Premises or in the risers or plenums of removal without causing damage to the PropertyBuilding removed, andand (c) free of Hazardous Materials brought upon, at Tenant's expensekept, shall at such times used, stored, handled, treated, generated in, or released or disposed of removalfrom, repair the Premises by any damage caused by such removal. Property not so removed shall become the property person other than Landlord or any of Landlord’s employees, agents and contractors. 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after Upon the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefromTerm, Tenant shall protectpromptly return to Landlord all keys and/or access cards to parking, defendthe Project, indemnity restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which Multi-Tenant Office611 Gateway – Suite 900/Rigel Pharmaceuticals - Page 21 such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations and hold harmless property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord from at Tenant’s expense, and Tenant waives all loss, costs, attorneys' fees, claims against Landlord for any damages and liabilities or loss resulting from ▇▇▇▇▇▇▇▇’s retention and/or disposition of such failureproperty. All obligations of Tenant hereunder not fully performed as of the termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including, without limitation, any claims made by any succeeding tenant founded upon such failure indemnity obligations, payment obligations with respect to surrender Rent and any lost profits to Landlord resulting therefromobligations concerning the condition and repair of the Premises.

Surrender. Upon 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 Premises to Landlord "broom clean" and in good order, condition and repair, ordinary wear, tear and damage by fire or other casualty excepted, together with all Improvements and Fixtures therein (except as otherwise provided for in this Lease). Tenant shall, at its expense, remove from the Real Property all of Tenant's Property and any personal property of persons claiming through or under Tenant, and shall repair or pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant's Property or other personal property which shall remain in the Premises after the termination of this Lease, Tenant Lease shall peaceably surrender the Property be deemed to have been abandoned and either may be retained by Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable or may be disposed of removal without causing damage to the Property, and, at Tenant's expense, shall at as Landlord may see fit. If such times of removal, repair any damage caused by such removal. Property property not so removed shall become the property of Landlord. be sold, Landlord may thereafter cause receive and retain the proceeds of such property sale and apply the same, at its option, against the expenses of the sale, moving and storage, arrears of rent and any damages to which Landlord may be removed and disposition and the cost of repairing any damage caused by such removal entitled. Any excess proceeds shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord by Tenant as Additional Rent on demand. If, during the last month of the Term, Tenant shall have removed all or substantially all of Tenant's Property after from the expiration Premises and subject to Tenant's consent, Landlord may immediately enter and alter, renovate and redecorate the Premises, without abatement of rent or earlier liability to Tenant, provided Landlord releases Tenant from any further liability under the Lease. If the Expiration Date or the date of sooner termination of the term of this Lease shall fall on a day which is not a business day, then Tenant's obligations under Section 24.1 shall be performed on or any extensions thereof, with prior to the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromimmediately preceding business day.

Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall peaceably surrender remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the same condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in which they were received from Landlord at possession of the commencement Premises after the expiration or termination of this Lease, except as altered as permitted or required by Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease and (unless clearly inapplicable), except for ordinary wear and tear. Tenant shall remove from that the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 Monthly Rent shall be borne 150% of the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant. Notwithstanding anything to Tenant after the contrary contained herein, upon expiration or termination of this Lease pursuant shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property part of Landlord. Any holding over by Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the Property after remedies available to Landlord in the expiration or earlier termination event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromholdover.

Surrender. Upon the termination of this Lease, Tenant shall peaceably surrender the Property to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease, or upon termination of the Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month Tenant’s right to month only, at one hundred fifty percent (150%) possession of the Basic Rent reserved herein Leased Premises, Tenant will at once surrender and upon deliver up the same terms and conditions as contained in this Lease. Notwithstanding the foregoingLeased Premises, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) together with all improvements thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this LeaseLandlord, broom swept, in addition as good condition and repair as when received, reasonable wear and tear excepted; conditions existing because of Tenant’s failure to any other liabilities to Landlord accruing therefromperform maintenance, Tenant repairs or replacements as required herein, or because of Tenant’s particular use of the Leased Premises (even if permitted hereunder), shall protectnot be deemed “reasonable wear and tear.” As used herein, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, includingthe term “improvements” shall include, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender all plumbing, lighting, electrical, heating, cooling and any lost profits ventilating fixtures and equipment, and all Alterations (whether or not permitted hereunder). Tenant shall deliver to Landlord resulting therefrom.all keys to all doors therein. All Alterations, temporary or permanent, made in or upon the Leased Premises by Tenant shall become Landlord’s property and shall remain upon the Leased Premises on any such termination without compensation, allowance or credit to Tenant, provided, however, that Landlord shall have the right to require Tenant to remove any Alterations and to restore the Leased Premises to their condition prior to the making of such Alterations, repairing any damage occasioned by such removal and restoration. Such right shall be exercised by Landlord giving written notice thereof to Tenant. If Landlord requires removal of any Alterations and Tenant does not make such removal in accordance with this paragraph at the time of expiration of the term, or within thirty

Surrender. Upon Nothing in this agreement sliall prohibit the termination exercise by any working interest owner of the right to surrender vested in such partyby any lease, sublease, or operating agreement as to all or any part of the lands covered thereby, provided that each party who will or might acquire such working interest by such surrender or by forfeiture as hereafter set forth, is bound by tire terms oftliis agreement. If. as a result of auy such surrender, the working interest rights as to such Lands become vested in any party other than the fee owner of the unitized substances, said party ntay forfeit such rights and further benefits front operatiou hereunder as to said land to the party oect in lire chain of title who shall be and become the owner ofsuch working interest. If as a result of any such surrender or fotfeintre. working interest rights become vested in (he fee owner of the unitized substances, such owner may: (a) accept those working interest rights subject to this Lease, Tenant shall peaceably agreement and the unit operatingagreement; or (b) lease the portion ofsuch land subject to this agreement and the unit operating agreement; or (c) provide for the independent operation ofany part ofsuch land. If the fee owner of the unitized substances does not accept the working interest rights subject to this agreement and the unit operating agreement or lease such lands as above provided within six (6) months after the surrender the Property to Landlord or forfeited working interest rights become vested in the same condition in which they were received from Landlord at fee owner, the commencement of this Lease, except as altered as permitted or required by this Lease benefits and except for ordinary wear and tear. Tenant shall remove from the Property prior obligations ofoperations accruing to such termination lands under this agreement and (be unit operating agreement shall be shared by the remaining owners of unitized winking interests in accordance with their respective working interest ownerships, and such owners ofworking interests shall compensate the fee owner ofunitized substances in such lands by paying stuns equal to tire rentals, minimum royalties, and royalties applicable to such lands under the lease in effect when the lands were unitized. An appropriate accoontiug and settlement shall be made for all its property that is capable benefits accruing to or payments and expenditures made or incurred on behalf of removal without causing damage such surrendered or forfeited working interest subsequent to the Propertydate of surrender or forfeiture, and, at Tenant's expense, shall at such times and payment of removal, repair any damage caused auy monies found to be owing by such removal. Property not so removed shall become the 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 an accounting shall be borne by Tenantmade as between the parties within thirty (30) days. Notwithstanding anything The exercise of any right vested in a working interest owner to reassign such working interest to (be parly from whom obtained sliall be subject to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained set forth in this Lease. Notwithstanding (his section in regard to the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition exercise ofa right to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromsutrender.

Surrender. Upon the expiration or sooner termination of the Term of this Lease, if Tenant has fully and faithfully perform-ed all of the terms, conditions and covenants of this Lease to be performed by Tenant, but not otherwise, Tenant shall, at its sole cost and expense, remove all personal property and trade fixtures which Tenant has installed or placed in or on the Premises (all of which are hereinafter referred to as "Tenant's Property") from the Premises and repair all damage thereto resulting from such removal, and Tenant shall peaceably thereupon surrender the Property to Landlord Premises in the same condition in which they were received from Landlord at as on the commencement Commencement Date, reasonable wear and tear excepted. If Tenant has not fully and faithfully performed all of the terms, conditions and covenants of this LeaseLease to be performed by Tenant, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall never-theless remove Tenant's Property from the Premises in the manner aforesaid within fifteen (15) days after receipt of written direction to do so from Landlord. In the event Tenant shall fail to remove any of Tenant's Property prior to such termination all its property that as provided herein, Landlord may, but is capable of removal without causing damage to the Property, andnot obligated to, at Tenant's expense, shall at remove all of such times of removal, repair any damage caused by such removal. Tenant's Property not so removed and repair all damage to the Premises resulting from such removal, and Landlord shall become the property of Landlord. Landlord may thereafter cause such property have no responsibility to be removed and disposition and the cost of repairing Tenant for any loss or damage to Tenant's Property caused by or resulting from such removal shall be borne by Tenantor otherwise. Notwithstanding anything to If the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, Premises is not surrendered at the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant end of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefromTerm, Tenant shall protect, defend, indemnity and hold harmless indemnify Landlord from against all loss, costs, attorneys' fees, damages and liabilities loss or liability resulting from such failure, delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded upon due to such failure delay. Tenant agrees not to surrender and commit or allow waste to be committed on any lost profits to Landlord resulting therefromportion of the Premises.

Surrender. Upon Section 21.01. On the Expiration Date or upon sooner termination of this Lease or upon any re-entry by Landlord upon the Premises, Tenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good order, condition and repair except for ordinary wear, tear and damage by fire or other insured casualty, together with all Improvements which have been made upon the Premises (except as otherwise provided for in this Lease). Tenant may remove from the Real Property any or all of Tenant's Property, the UPS system and/or the Generator and the Antenna and shall remove all personal property and personal effects of all persons claiming through or under Tenant, and shall repair all damage to the Premises and the Real Property occasioned by such removal, or in the alternative elect to pay Landlord the cost if repair of such damage. Section 21.02. 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 Article. Section 21.03. Any 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 as Landlord may see fit; provided, however, that notwithstanding the foregoing, Tenant will, upon request of Landlord made not later than 20 days after the termination of the Lease, Tenant shall peaceably surrender the Property to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall promptly remove from the Property prior to such termination all its Building any personal property that is capable of removal without causing damage to the Property, and, at Tenant's own cost and expense. If such personal property or any part thereof shall be sold, shall at such times of removal, repair any damage caused by such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause receive and retain the proceeds of such property sale and apply the same, at its option, against the expenses of the sale, moving and storage, arrears of rent and any damages to which Landlord may be removed and disposition and the cost of repairing any damage caused by such removal entitled. Any excess proceeds shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over expense incurred by Landlord in removing or disposing of such personal property shall be reimbursed to Landlord by Tenant of as Additional Rent on demand. Section 21.04. If the Property Premises are not surrendered upon the date which is three (3) months after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any Landlord's other liabilities to Landlord accruing therefromremedies hereunder, Tenant shall protect, defend, indemnity hereby indemnifies Landlord and hold holds it harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities against any loss and/or liability resulting from such failuredelay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant or prospective tenant founded upon such failure delay, or any loss of a prospective tenancy relating to surrender such delay. Section 21.05. In the event Tenant remains in possession of the Premises after the termination of this Lease without the execution of a new lease, Tenant, at the option of Landlord, shall be deemed to be occupying the Premises as a tenant from month to month, at a monthly rental equal to the greater of 1-1/2 times the Fixed Rent plus Additional Rent payable during the last month of the Term and any lost profits the then fair market value of the Premises as reasonably determined by Landlord, subject to Landlord resulting therefromall of the other terms of this Lease Insofar as the same are applicable to a month-to-month tenancy. Section 21.06. Tenant's obligations under this Article shall survive the termination of this Lease.

Surrender. Upon Subject to the provisions of Article 8 hereof, on the Expiration Date (or earlier termination of this Lease), Tenant shall peaceably quit and surrender possession of the Property Premises to Landlord in the same as good order and condition in which as they were received from Landlord at in on the commencement of this LeaseCommencement Date, except as altered as permitted or required by this Lease and except for ordinary reasonable wear and tear, taking by condemnation and repairs which are Landlord’s responsibility excepted, and damage from casualty to improvements other than the Tenant Improvements and other improvements paid for from allowances provided by Landlord excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Premises, and shall remove from the Property prior to such termination all its property that is capable of removal without causing repair any damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage caused by Project resulting from such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause Any such property to be not 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of by the Property after the expiration Expiration Date (or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding ) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent account and at a rate the expense and risk of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equityTenant. If Tenant fails shall fail to surrender pay the Property cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, the balance, if any, to Tenant. If Tenant did not elect pursuant to the Work Letter to cause Landlord to demolish the second floor server room, then at the termination or earlier expiration of this Lease, in addition to any other liabilities the Lease Tenant shall surrender to Landlord accruing therefrom, the equipment which was located in such room immediately prior to the commencement of construction of the Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromImprovements.

Surrender. Upon the expiration of the Term or earlier termination of this LeaseTenant’s right of possession, Tenant shall peaceably surrender the Property Premises to Landlord in the same condition as received, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Building, restrooms or all or any portion of the Premises, Building or Project furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which they were received from Landlord at such access card was used or changing the commencement of this Leaselock or locks opened by such lost key. Any Tenant’s Property, except as altered Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, Landlord at Tenant's ’s expense, shall at and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such times property. All obligations of removal, repair any damage caused by such removal. Property Tenant hereunder not so removed shall become fully performed as of the 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 pursuant to a default by Tenantthe Term, including the heatingobligations of Tenant under Section 30 hereof, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after survive the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failureTerm, including, without limitation, any claims made by any succeeding tenant founded upon such failure indemnity obligations, payment obligations with respect to surrender Rent and any lost profits to Landlord resulting therefromobligations concerning the condition and repair of the Premises.

Surrender. Upon Nothing in (his agreement shall prohibit the termination exercise by any working interest owner of the right to surrender vested in such party by any lease, sublease, or operating agreement as to all or any part of the lands covered thereby, provided that each party who will or might acquire such working interest by such surrender or by forfeiture as hereafter set forth, is bound by the terms of this Leaseagreement. If, Tenant shall peaceably surrender as a result of any such surrender, the Property working interest rights as to Landlord such lands become vested in any party other than the fee owner of the unitized substances, said party may forfeit such rights and further benefits from operation hereunder as to said land to the party next in the same condition chain of title who shall be and become the owner of such working interest. If, as a result of any such surrender or forfeiture, working interest rights become vested in which they were received from Landlord at the commencement fee owner of the unitized substances, such owner may: (a) accept those working interest rights subject to this Leaseagreement and the unit operating agreement; or (b) lease the portion of such land subject to this agreement and the unit operating agreement; or (c) provide for the independent operation of any part of such land. If the fee owner of the unitized substances does not accept the working interest rights subject to this agreement and the unit operating agreement or lease such lands as above provided within six (6) months after the surrender or forfeited working interest rights become vested in the fee owner, except as altered as permitted or required by this Lease (he benefits and except for ordinary wear and tear. Tenant shall remove from the Property prior obligations of operations accruing to such termination all its property that is capable lands under this agreement and the unit operating agreement shall be shared by the remaining owners of removal without causing damage unitized working interests in accordance with their respective working interest ownerships, and such owners of working interests shall compensate the fee owner of unitized substances in such lands by paying sums equal to the Propertyrentals, andminimum royalties, at Tenant's expenseand royalties applicable to such lands under the lease in effect when the lands were unitized. An appropriate accounting and settlement shall be made for all benefits accruing to or payments and expenditures made or incurred on behalf of such surrendered or forfeited working interest subsequent to the date of surrender or forfeiture, shall at such times and payment of removal, repair any damage caused monies found to be owing by such removal. Property not so removed shall become the 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 an accounting shall be borne by Tenantmade as between the parties within thirty (30) days. Notwithstanding anything The exercise of any right vested in a working interest owner to reassign such working interest to the contrary contained herein, upon termination of this Lease pursuant party from whom obtained shall be subject to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained set forth in this Lease. Notwithstanding section in regard to the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition exercise of a right to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromsurrender.

Surrender. Upon the termination of this LeaseLease for whatever reason, Tenant shall peaceably surrender the Property Leased Premises to Landlord in good condition and repair (including, without limitation, all additions and alterations constructed on the same condition in which they were received from Landlord Leased Premises), reasonable wear and tear and casualty not attributable to Tenant’s act or omission excepted. If the Leased Premises are damaged at the commencement time of this Leasesurrender due to an act or omission of Tenant, except as altered as permitted Tenant’s responsibility for that damage shall be limited to that portion of the repair or required restoration not paid by this Lease casualty insurance maintained by Landlord. In removing its fixtures and except for ordinary wear and tear. personal property from the Leased Premises, Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing repair any damage to the Property, and, at Tenant's expense, shall at Leased Premises resulting from that removal. If Tenant fails to remove any of such times of removal, property or to adequately repair any damage caused by such the removal. Property not so removed shall become , Landlord may at Landlord’s option remove the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and or repair the damage, in which event the cost of repairing any damage caused by such removal or repair shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation due and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over payable by Tenant of to Landlord upon demand. Should Tenant continue to occupy the Property Leased Premises after the expiration or earlier termination of the term of this Lease or Term, including any extensions renewal thereof, with the consent such tenancy shall (without limitation of any of Landlord, shall operate and ’s rights or remedies therefor) be construed as one at sufferance at a tenancy from month minimum monthly rental equal to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon rent payable for the same terms and conditions as contained in this Leaselast full month of the Term. Notwithstanding No holdover by Tenant or payment by Tenant after the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law expiration or in equity. If Tenant fails to surrender the Property upon the earlier termination or expiration of this Lease, in addition Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of the Leased Premises by summary proceedings or otherwise. In the event that Landlord is unable to deliver possession of the Leased Premises to a new tenant or to perform improvements for a new tenant as a result of any other liabilities holdover by Tenant after receipt of Landlord’s notice to Landlord accruing therefromvacate, Tenant shall protect, defend, indemnity and hold harmless be liable to Landlord from for all loss, costs, attorneys' fees, damages and liabilities resulting from such failuredamages, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to consequential damages, that Landlord resulting therefromsuffers as a result of Tenant’s holdover.

Surrender. Upon 12.1 On the termination of this LeaseExpiration Date, Tenant shall peaceably surrender or upon the Property to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term Sublease or of Subtenant's right to possession of the Sublease Premises, Subtenant will at once surrender and deliver up the Sublease Premises, together with all improvements thereon, to Sublandlord in as good condition and repair as when delivered to Subtenant, reasonable wear and tear and casualty excepted. Conditions existing because of Subtenant's failure to perform maintenance, repairs or replacements as required of Subtenant under this Lease Sublease shall not be deemed "reasonable wear and tear." Subtenant shall surrender to 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 upon the Sublease Premises made by Subtenant and not removed or required to be removed hereunder shall become a 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 extensions 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 the consent of Landlordthis Section, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon Sublandlord may remove the same terms (and conditions as contained in this Lease. Notwithstanding the foregoingrepair any damage occasioned thereby), any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) and dispose thereof, or at its election, warehouse the same. Subtenant shall pay the costs of such removal, repair and warehousing on demand. 12.3 As between Sublandlord and Subtenant, Subtenant shall not be required to exercise all rights and remedies provided remove any Alterations performed by law Sublandlord prior to the Commencement Date ("Sublandlord Alterations") or in equity. If Tenant fails to surrender restore the Property upon Sublease Premises to their condition prior to the termination or expiration making of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.such

Surrender. Upon Section 21.01. On the Expiration Date or upon the sooner termination of this Lease or upon any reentry by Landlord upon the Premises, Tenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good order, condition and repair except for ordinary wear, tear and damage by fire or 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 and all other personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all material damage to the Premises and the Real Property occasioned by such removal. Any Tenant's Property or 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 a manner as 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 Landlord by Tenant as Additional Rent within ten days of demand. Section 21.02. If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day,k then Tenant's obligations under Section 21.01 shall be performed on or prior to the immediately preceding business day. Section 21.03. If the Premises are not surrendered upon the termination of this Lease, Tenant shall peaceably surrender the Property to hereby indemnifies Landlord in the same condition in which they were received against liability resulting from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over delay by Tenant of in so surrendering the Property after the expiration or earlier termination of the term of this Lease or any extensions thereofPremises, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, including any claims made by any 36 37 succeeding tenant or prospective tenant founded upon such failure delay. Section 21.04. In the event Tenant remains in possession of the Premises after the termination of this Lease without the execution of a new lease, Tenant, at the option of the Landlord, shall be deemed to surrender be occupying the Premises as a tenant from month to month, at a monthly rental equal to one and any lost profits one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to Landlord resulting therefromall of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Section 21.05. Tenant's obligation under this Article shall survive the termination of this Lease.

Surrender. Upon Subject to the provisions of Section 5.07 hereof, on the Term Expiration Date (or earlier termination of this Lease), Tenant shall peaceably quit and surrender possession of the Property Leased Premises to Landlord in the same as good order and condition in which as they were received from Landlord at in on the commencement of this LeaseTerm Commencement Date, except as altered as permitted or required by this Lease and except for ordinary reasonable wear and tear, taking by condemnation, casualty and repairs which are Landlord's responsibility excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Leased Premises, and shall remove from the Property prior to such termination all its property that is capable of removal without causing repair any damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage caused by Project resulting from such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause Any such property to be not removed and disposition by Tenant following Tenant's vacation 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration Term Expiration Date (or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding ) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent account and at a rate the expense and risk of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equityTenant. If Tenant fails shall fail to surrender pay the Property cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the termination proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or expiration thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, in addition the balance, if any, to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromTenant.

Surrender. (a) Upon the expiration or earlier termination of the term of this Lease, Tenant shall peaceably surrender the Property Premises to Landlord in the same condition in which they the Premises were originally received from Landlord at the commencement except as repaired, replaced, rebuilt, restored, as required by any provision of this Lease, except as altered as permitted or required by this Lease added to with Landlord's prior written approval, and 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 Property Premises on or prior to such expiration or earlier termination all personal property situated thereon which is not owned by Landlord, and at its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, cost and expense shall at such times of removal, repair any damage caused by such removalremoval and upon Landlord's request, remove any alteration made by Tenant which did not require or receive Landlord's prior written approval. Property not so removed shall become the property of Landlord. Landlord , which may thereafter cause such property to be removed from the Premises and disposed of, but the cost of any such removal and disposition and as well as the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, . (b) Except for surrender upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term hereof, no surrender to Landlord of this Lease or of the Premises or any extensions thereof, with the consent 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 estate, right, title and interest of Landlord hereunder or in the Premises shall operate and be construed assigned or mortgaged as a tenancy from month to month onlysecurity for the payment of indebtedness for borrowed money, at one hundred fifty percent (150%) an officer of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Leaseeach such assignee or mortgagee. Notwithstanding the foregoing, No act by any holding over without Landlord's consent shall entitle other representative or agent of Landlord, in addition to collecting Basic Rent at a rate and no act by Landlord, other than such an agreement and acceptance so signed, shall constitute an acceptance of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromsurrender.

Surrender. Upon On the last day of the term of this Lease, or upon the earlier termination of this Lease, Tenant Lessee shall peaceably surrender the Property Premises to Landlord Lessor in good order, repair, and condition at least equal to the same condition in which they were received when delivered to Lessee, excepting only reasonable wear and tear resulting from Landlord at normal use, and damage by fire or other casualty covered by the commencement insurance carried by Lessor. All movable fixtures, office equipment, and other personal property of Lessee shall remain the property of Lessee, and upon the expiration date or earlier termination of this LeaseLease may be removed from the Premises by Lessee, except as altered as permitted or required by this Lease subject, however, to Lessor's lien for rent; provided, however, that Lessee shall repair and except for ordinary restore in a good and workmanlike manner (reasonable wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing tear excepted), any damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage Premises or the Building caused by such removal. Property not Any of such movable fixtures, office equipment and other personal property no so removed by Lessee at or prior to the expiration date or earlier termination of this Lease shall become the property of LandlordLessor. Landlord may thereafter cause such All other property to be removed and disposition and as a part of the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything premises attached or affixed to the contrary contained hereinfloor, wall, or ceiling of the Premises (including wall-to-wall carpeting, paneling, or other wall covering) are the property of Lessor and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease pursuant by lapse of time or otherwise, Lessee hereby waiving all rights to a default by Tenantany payment or compensation therefor. Notwithstanding anything herein to the contrary, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant Lessee's surrender of the Property after Premise shall in no way affect Lessee's obligation to pay rent to the expiration or earlier termination date of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from whether or not the amount of such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromobligation has been ascertained either as of the date Lessee surrenders the Premises or as of the date of expiration of this Lease.

Surrender. Upon On the termination last day of the term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Property to Landlord Leased Premises and all improvements thereon in the same condition in which they were received from Landlord as at the commencement of this Lease, except as altered as permitted or required by this Lease in good order, condition and except for ordinary repair, fire and other unavoidable casualty, and reasonable wear and teartear excepted. Except as provided in Section 3.5, all alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage caused by such removal. Property not so removed shall become remain the property of LandlordLandlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, 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. Landlord may thereafter cause such Any personal property to be not 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by the Firstar Bank, N.A. or its successors or assigns, whichever is higher. Any holding over If, prior to surrender of the premises or within twenty (20) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall repair any damage occasioned by such removals or Tenant will pay to Landlord, on demand, the cost thereof with interest from the date of completion of such repairs by Landlord, at the rate specified in the immediately preceding paragraph of this Lease. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the Property after keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the expiration or earlier contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the term property of Tenant then 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 any extensions thereofto secure the payment of damages, with the consent and Landlord may retain possession of Landlord, such property until payment in full of said amounts. Said lien shall operate and not be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained defeated by placing such property in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equitystorage. If Tenant fails to surrender the Property upon has not redeemed said property within ninety (90) days after the termination or expiration of this said Lease, Landlord may sell such property at public or private sale without further notice to Tenant, and shall apply in addition a reasonable manner determined by Landlord the proceeds of sale to any other liabilities reduce the amounts then owed from Tenant to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromLandlord.

Surrender. Upon (a) Except as otherwise provided in Section 2(c) or 14(b), upon the expiration or other termination of this 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 peaceably surrender the Property to Landlord remove all of its personal property located at or in the same condition 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 or sooner termination of the Term. (b) Except for any applicable transition periods pursuant to the Transition Rights, which they were received from Landlord at the commencement for purposes of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant Section 18(b) shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 pursuant to considered a default hold over by Tenant, the heating, ventilation if Tenant shall hold over and air conditioning systems shall remain on the Property and shall become the Subleased Premises or fail to remove any of its personal property of Landlord. Any holding over by Tenant of the Property after beyond the expiration or earlier termination of the term this Sublease, such holding over shall not be deemed to be an extension of this Lease or any extensions thereofSublease, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Leaseand, in addition to any other liabilities rights Landlord may have under the terms of this Sublease, or at law or in equity, Landlord shall be entitled to Landlord accruing therefrom, Tenant shall protect, defend, indemnity recover any and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by out-of-pocket costs associated with any succeeding tenant founded upon such failure to surrender repairs, replacements, removal of property or other similar costs, but excluding any special, indirect, consequential or exemplary damages and any lost profits loss of business or profits, whether or not foreseeable) suffered by Landlord as a result of Tenant’s holding over, and Tenant shall also be obligated to pay to Landlord resulting therefroma per diem amount based on an annual rate equal to two hundred percent (200%) of the Rent payable on the date immediately preceding such holdover for each day thereafter that Tenant remains in occupancy of the Subleased Premises. Subject to the parenthetical in the immediately preceding sentence regarding the scope of damages, Tenant shall indemnify and hold Landlord harmless from any liability, loss, costs and expenses, including, but not limited to reasonable attorneys’ fees and holdover rent and/or other charges payable to Master Lessor for Landlord holding over in the Leased Premises, arising out of such holding over by Tenant.

Surrender. Upon the expiration of the Term or earlier termination of this LeaseTenant’s right of possession, Tenant shall peaceably surrender the Property Premises to Landlord in the same condition as received, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by Tenant or Tenant’s agents, employees and invitees (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which they were received from Landlord at such access card was used or changing the commencement of this Leaselock or locks opened by such lost key. Any Tenant’s Property, except as altered Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, Landlord at Tenant's ’s expense, shall at and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such times property. All obligations of removal, repair any damage caused by such removal. Property Tenant hereunder not so removed shall become fully performed as of the 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 pursuant to a default by Tenantthe Term, including the heatingobligations of Tenant under Section 30 hereof, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after survive the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failureTerm, including, without limitation, any claims made by any succeeding tenant founded upon such failure indemnity obligations, payment obligations with respect to surrender Rent and any lost profits to Landlord resulting therefromobligations concerning the condition and repair of the Premises.

Surrender. Upon At the termination of this Lease, time Tenant shall peaceably surrender the Property to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 property of requests 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the ’s consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, Alterations (including, without limitation, any claims made "Tenant's Work") at the New Premises, Landlord shall notify Tenant if Landlord will require removal of any such item or items included as part of said Tenant Alterations at the end of the Term (or of tenant’s right to possession of the subject Premises under the Lease) (which removal requirement shall only be imposed by any succeeding Landlord if Landlord, in its good faith judgment, determines that such item or items would be excessively costly or hazardous to remove or that such item or items are not customary for office tenant founded upon such usage at comparable Class A office buildings in downtown Chicago, Illinois). Landlord's failure to surrender advise Tenant, as part of its consent process, that a given Tenant Alteration is required to be removed upon expiration or earlier termination of this Lease or Tenant's right to possession hereunder, shall be construed to mean that Tenant need not so remove same and such determination shall be binding on Landlord at expiration or termination of the Lease (or of Tenant’s right to possession of the subject Premises under the Lease). Notwithstanding anything herein to the contrary, Tenant shall not be obligated at any lost profits time to Landlord resulting therefromremove any tenant improvements located within the New Premises as of Landlord’s delivery of possession of such New Premises to Tenant on the New Premises Turnover Date. Further, in no event shall Tenant be required at any time to remove any electrical, cabling or voice/data wiring installed at the New Premises.

Surrender. Upon 19.1 At the expiration or other termination of this Lease, Tenant shall peaceably surrender the Property Premises to Landlord in the same as good order and condition in which as they were received from Landlord at the commencement of the Term or may be put in thereafter in accordance with this Lease, except as altered as permitted or reasonable wear and tear and (other than for any Restoration required by the terms of this Lease 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 except for ordinary wear equipment, computer and tearother similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination or other expiration of the 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 Property prior Premises. Tenant agrees to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any and all damage caused by such removal. Property Trade fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord. , and Landlord may thereafter cause such property to be removed and disposition and from the Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Premises caused by such removal shall be borne by Tenant. Notwithstanding anything Landlord shall not in any manner or to the contrary contained herein, upon termination of this Lease pursuant any extent be obligated to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become reimburse Tenant for any property which becomes the property of Landlord. Any holding over by Tenant Landlord as a result of the Property after the such expiration or earlier termination of the term termination. The provisions of this Lease or any extensions thereof, with the consent of Landlord, Section 19.1 shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon survive the termination or expiration of this Lease. 19.2 Upon termination of this Lease for any reason, in addition Tenant will return to Landlord the Premises licensed by the State of Oregon and by any and all governmental agencies having jurisdiction over the Premises as a memory care facility with at least the Minimum Licensed Beds (subject to any other liabilities 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 Landlord accruing therefromthe physical attributes of the improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any 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 physical attributes of the improvements on the Premises). 19.3 Upon the expiration or earlier termination of this Lease, Tenant shall protectenter into an operating transition agreement (the “OTA”) with Landlord in order to provide for the orderly transition of the 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, defendoperating agreements and other agreements that Landlord elects to have assigned from Tenant. In addition, indemnity and hold harmless Landlord from the OTA shall address the transition of licensing requirements for the Facility under all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromapplicable Legal Requirements.

Surrender. Upon Nothing in this agreement shall prohibit the termination exercise by any working interest owner of the right to surrender vested in such party by any lease, sublease, or operating agreement as to all or any part of the lands covered thereby, provided that each party who will or might acquire such working interest by such surrender or by forfeiture as hereafter set forth, is bound by the terms of this Leaseagreement. 4 Optional sections and subsection. (Agreements submitted for final approval should not identify section or provision as “optional.”) If as a result of any such surrender, Tenant shall peaceably surrender the Property working interest rights as to Landlord such lands become vested in any party other than the fee owner of the unitized substances, said party may forfeit such rights and further benefits from operations hereunder as to said land to the party next in the same condition chain of title who shall be and become the owner of such working interest. If as the result of any such surrender or forfeiture working interest rights become vested in which they were received from Landlord at the commencement fee owner of the unitized substances, such owner may: (a) Accept those working interest rights subject to this Leaseagreement and the unit operating agreement; or (b) Lease the portion of such land as is included in a participating area established hereunder subject to this agreement and the unit operating agreement; or (c) Provide for the independent operation of any part of such land that is not then included within a participating area established hereunder. If the fee owner of the unitized substances does not accept the working interest rights subject to this agreement and the unit operating agreement or lease such lands as above provided within 6 months after the surrendered or forfeited, except as altered as permitted or required by this Lease working interest rights become vested in the fee owner; the benefits and except for ordinary wear and tear. Tenant shall remove from the Property prior obligations of operations accruing to such termination all its property that is capable lands under this agreement and the unit operating agreement shall be shared by the remaining owners of removal without causing damage unitized working interests in accordance with their respective working interest ownerships, and such owners of working interests shall compensate the fee owner of unitized substances in such lands by paying sums equal to the Propertyrentals, andminimum royalties, at Tenant's expenseand royalties applicable to such lands under the lease in effect when the lands were unitized. An appropriate accounting and settlement shall be made for all benefits accruing to or payments and expenditures made or incurred on behalf of such surrendered or forfeited working interests subsequent to the date of surrender or forfeiture, shall at such times and payment of removal, repair any damage caused moneys found to be owing by such removal. Property not so removed shall become the 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 an accounting shall be borne by Tenantmade as between the parties within 30 days. Notwithstanding anything The exercise of any right vested in a working interest owner to reassign such working interest to the contrary contained herein, upon termination of this Lease pursuant party from whom obtained shall be subject to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained set forth in this Lease. Notwithstanding section in regard to the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition exercise of a right to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromsurrender.

Surrender. Upon a. On the last day of the term or on the sooner termination of this Leasethereof, Tenant shall shall, at Tenant's sole cost and expense peaceably surrender the Property to Landlord Demised Premises broom-clean, in the same as good order and condition in which they were received from Landlord at as of the commencement of the term of this Lease, except as altered as permitted or required by this Lease and except for ordinary reasonable wear and teartear and damage by casualty. Tenant shall may remove from the Property prior to such termination all Demised Premises its property that is capable of removal without causing damage to the Propertysigns, andfurniture, equipment, machinery, trade fixtures, HVAC, and portable walls, provided same shall have been acquired and installed at Tenant's expense, shall at such times of removal, repair any damage caused cost and expense by such removalTenant ("Tenant's Property"). Tenant's Property not so removed within thirty (30) days following the Termination Date, may at Landlords' election and without limiting Landlord's right to compel removal thereof, be deemed abandoned. Tenant shall become in no event be obligated to remove the 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 roof top penthouse constructed by Tenant. Notwithstanding anything Any damage to the contrary contained hereinDemised Premises caused by Tenant in the removal of Tenant's Property shall be immediately repaired by Tenant at Tenant's sole cost and expense, upon and this obligation shall survive the expiration or sooner termination of this Lease pursuant Lease. b. Title to a default all alterations, additions, improvements, repairs, fixtures, other than Tenant's Property, which shall have been made, furnished or installed by Tenantor at the expense of the Landlord in or upon the Demised Premises, shall vest in Landlord upon the heatinginstallation thereof, ventilation and air conditioning systems the same shall remain on the Property upon and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, be surrendered with the consent of Demised Premises as part thereof without disturbance and without charge, unless otherwise required by Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Surrender. Upon Tenant covenants and agrees to surrender possession of the termination of this Lease, Tenant shall peaceably surrender the Property to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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, Premises upon termination of this Lease pursuant to a default (whether by Tenanttermination, the heating, ventilation and air conditioning systems shall remain expiration or otherwise) in as good condition as on the Property and shall become Commencement Date (or in the property case of Landlord. Any holding over by Tenant improvements or alterations made or fixtures installed subsequent thereto, then as of the Property after date such improvements, alterations, or fixtures were made or installed), reasonable wear and tear, and damage from casualty as described in Article 11 which results in the expiration or earlier termination of this Lease and repairs which are the term responsibility of the Authority, excepted. No act or thing done by the 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 operate as a termination of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) surrender of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equityPremises. If upon such termination Tenant fails to surrender remove any personal property or trade fixtures (which Tenant is allowed under the Property upon terms hereof to remove) on or before the termination Expiration Date, the Authority may, but without the obligation to do so, remove said personal property or expiration 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 this Leasethe 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, in addition release and hold harmless the Authority from any and all damage, costs and expenses related to said removal or storage. In addition, the Authority shall have the right, but not the obligation, to dispose of such property as waste or sell such stored property and the proceeds of such sale shall be applied, first, to the cost of the sale, second, to the payment of charges for storage and removal, third, to the payment of Rent, Additional Rent or any other liabilities obligation which may then be due from Tenant to Landlord accruing therefromthe Authority and the balance, if any, shall be retained by the Authority. In the event the expenses of such removal, storage, disposal and sale shall exceed the proceeds of sale, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from pay such failure, including, without limitation, any claims made by any succeeding tenant founded excess to the Authority upon such failure to surrender and any lost profits to Landlord resulting therefromdemand.

Surrender. Upon 5.1. As of the Occupancy Expiration Date (or the sooner termination of this the Lease), Tenant shall peaceably surrender vacate the Property to Landlord Occupancy Area in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tearSection 18 of the Initial Lease. Without limitation of the foregoing, Tenant shall remove the Tenant Property on or prior to the Occupancy Expiration Date. In the event that Tenant does not vacate the Occupancy Area on or prior to the Occupancy Expiration Date (or the sooner termination of the 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 limited to, the right to collect hold over rent, and such failure shall constitute a Default Event. 5.2. From and after the Occupancy Expiration Date (or the sooner termination of the Lease), the Surrendered Termination Areas shall again constitute Relinquished Areas as contemplated by the Third Amendment. 5.3. 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 that expressly survive a termination of the Lease as to 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 Vacated Space for the period prior to the deletion of such space from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromThird Amendment.

Surrender. Upon (A) No act or thing done by Landlord during the Lease 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 Landlord. No employee of Landlord or of Landlord's agents shall have any power to accept the keys of the Premises as an acceptance of a surrender of the Premises prior to the termination of this Lease; provided, Tenant however, that the foregoing shall peaceably surrender not apply to the Property 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 same condition in which they were received from delivery of keys to any employee of Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 's agents shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon not operate as a termination of this the Lease pursuant to or a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant surrender of the Property after Premises. (B) Upon the expiration or earlier termination of the term Lease Term, Tenant shall surrender the Premises to Landlord in the condition as required by Sections 8.1 and 9.5, first removing all goods and effects of this Lease Tenant and completing such other removals as may be permitted or any extensions thereofrequired pursuant to Section 9.5. (C) All furniture, with equipment and personal property which remains in the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent Buildings or elsewhere on the Premises after: (150%i) the expiration or prior termination of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration term of this Lease, (ii) Tenant has vacated the Premises, and (iii) Landlord has given Tenant at least ten (10) days prior written notice that it intends to exercise its rights under this Paragraph C, shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in addition to such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other liabilities charges payable hereunder by Tenant to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits damages to which Landlord resulting therefrommay be entitled under this Lease and at law and in equity.

Surrender. Upon 19.01 On the last day of the Term, or the Option Term if in effect, or upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall peaceably quit and surrender the Property Demised Premises to Landlord broom clean, in the same good order, condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and repair except for ordinary wear and tear. tear and damage by fire or other insured casualty, restored as provided in Section 8.01, if applicable. 19.02 Prior to such surrender, Tenant shall (a) remove from any Tenant’s property not part of the Property prior to such termination personal property as otherwise provided herein, including, without being limited to, all its property that is capable of removal without causing damage Tenant’s machinery, equipment, medical equipment and machines bolted to the Propertyfloor and such fixtures as Landlord shall designate, whether or not previously deemed to be the property of Landlord, (b) 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 subparagraph (a) above occurred, to a condition which will be suitable for non-specialized medical office use, and (c) Tenant shall restore the Demised Premises including, without limitation, any floor space area which may have been removed in order to accommodate Tenant’s needs, the Demised Premises to be restored to that state or condition as shall be useable for non-specialized, medical office use. If Tenant shall fail to perform as provided in this Section 19.02 hereof, Landlord shall have the right (but not the obligation) to do so at Tenant’s cost and expense, without further notice or demand upon Tenant, and Tenant shall indemnify Landlord against all loss or liability resulting therefrom, including without limitation, any delay in granting occupancy of the Demised Premises to a future occupant, and, at Tenant's expenseLandlord’s option, Tenant shall be deemed a Tenant “at such times of will” until compliance with the removal, repair and restoration provisions of this Section 19.02 hereof has fully been satisfied. 19.03 Tenant hereby indemnifies and agrees to hold Landlord harmless from and against any damage caused loss, cost, liability, claim, damage, fine, penalty and expense, including reasonable attorneys’ fees and disbursements, resulting from delay by such removal. Property not so removed shall become Tenant in surrendering the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and Demised Premises upon 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained provided in this Lease. Notwithstanding the foregoingArticle 19, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, including without limitation, any claims made by any succeeding tenant founded Tenant or prospective Tenant-based upon such failure delay. 19.04 In the event Tenant remains in possession of the Demised Premises for a period of more than sixty (60) days after the termination of this Lease without the execution by Landlord and Tenant of a new Lease, Tenant, at the option of Landlord, shall be deemed to surrender be occupying the Demised Premises as a Tenant “at will”, at a monthly rental equal to two times the Base Rent and Additional Rent payable during the last month of the Term or any lost profits Option Term, subject to all of the other terms of this Lease insofar as the same are applicable to an at will tenancy, and without in any way whatsoever waiving the provisions of Section 19.03 hereof. In the event of any holdover of less than sixty (60) days, Tenant shall pay Landlord resulting therefromRent and Additional Rent at the rate in effect during the last month of the Term or any Option Term.

Surrender. Upon (a) Subject to the provisions of Section 5.7 hereof, on the Term Expiration Date (or earlier termination of this Lease), Tenant ▇▇▇▇▇▇ shall peaceably quit and surrender possession of the Property Leased Premises to Landlord in the same broom clean condition in which and as good order and condition as they were received from Landlord at in on the commencement of this LeaseTerm Commencement Date, except as altered as permitted or required by this Lease and except for ordinary reasonable wear and tear, casualty damage, taking by condemnation and damage by casualty not caused by Tenant, its agents, employees, contractors, invitees and licensees excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Leased Premises, and shall remove from the Property prior to such termination all its property that is capable of removal without causing repair any damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage caused by Project resulting from such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause Any such property to be not 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of by the Property after the expiration Term Expiration Date (or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding ) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent account and at a rate the expense and risk of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equityTenant. If Tenant fails shall fail to surrender pay the Property cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the termination proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or expiration thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, in addition the balance, if any, to any other liabilities to Landlord accruing therefromTenant. (b) In addition, on the Term Expiration Date (or earlier termination of this Lease), Tenant shall protectremove, defendat its sole cost and expense, indemnity all of Tenant’s telecommunications lines and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failurecabling installed by Tenant or Current Tenant, including, without limitation, any claims made such lines and cabling installed in the plenum or risers of the Building in compliance with the National Electrical Code (collectively, “Wires”) and repair all damage caused thereby and restore the Leased Premises or the Building, as the case may be, to their condition existing prior to the installation of the Wires (“Wire Restoration Work”). Landlord, at its option, may perform such Wire Restoration Work at Tenant’s sole cost and expense. In the event that Tenant fails to perform the Wire Restoration Work or refuses to pay all costs of the Wire Restoration Work (if performed by Landlord) within ten (10) days of Tenant’s receipt of Landlord’s notice requesting ▇▇▇▇▇▇’s reimbursement for or payment of such costs or otherwise fails to comply with the provisions of this Section 5.15(b), Landlord may apply all or any succeeding tenant founded upon portion of the Security Deposit toward the payment of any costs or expenses relative to the Wire Restoration Work or Tenant’s obligations under this Section 5.15(b). The retention or application of such failure Security Deposit (if any) by Landlord pursuant to surrender and any lost profits this Section 5.15(b) does not constitute a limitation on or waiver of Landlord’s right to Landlord resulting therefromseek further remedy under law or equity. The provisions of this Section 5.15(b) shall survive the expiration or sooner termination of this Lease.

Surrender. Upon 19.1 At the expiration or other termination of this Lease, Tenant shall peaceably surrender the Property Premises to Landlord in the same as good order and condition in which as they were received from Landlord at the commencement of the Term or may be put in thereafter in accordance with this Lease, except as altered as permitted or reasonable wear and tear and (other than for any Restoration required by the terms of this Lease 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 except for ordinary wear equipment, computer and tearother similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination or other expiration of the 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 Property prior Premises. Tenant agrees to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any and all damage caused by such removal. Property Trade fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord. , and Landlord may thereafter cause such property to be removed and disposition and from the Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Premises caused by such removal shall be borne by Tenant. Notwithstanding anything Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the contrary contained herein, upon 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 one (1) year. 19.2 Upon termination of this Lease pursuant for any reason, Tenant will return to Landlord the Premises licensed by the State of Texas and by any and all governmental agencies having jurisdiction over the Premises as a default skilled nursing facility with at least the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by Tenant, any governmental authority solely as a result of changes in Laws relating to the heating, ventilation and air conditioning systems shall remain physical attributes of the improvements on the Property Premises) with an unrestricted license in full force and shall become good standing for no less than the property Minimum Licensed Beds (subject to any reduction in the number of Landlord. Any holding over licensed beds required by Tenant any governmental authority solely as a result of changes in Laws relating to the physical attributes of the Property after improvements on the Premises). 19.3 Upon the expiration or earlier termination of the term of this Lease or any extensions thereof, with (unless the consent earlier termination arises from an Event of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided Default by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of under this Lease, in addition which case the OTA shall be in a form acceptable only to any other liabilities to Landlord accruing therefromLandlord, in its reasonable discretion), Tenant shall protectenter into a mutually agreeable operations transfer agreement (the “OTA”) with Landlord in order to provide for the orderly transition of the 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, defendoperating agreements and other agreements that Landlord elects to have assigned from Tenant. In addition, indemnity and hold harmless Landlord from the OTA shall address the transition of licensing requirements for the Facility under all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.applicable Legal Requirements. Lease – Friendswood SNF 21

Surrender. Upon the termination of this Lease, Tenant The LESSEE shall peaceably surrender the Property to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted expiration or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 other termination of this Lease pursuant to a default by Tenantpeaceably give up and surrender the Leased Premises without the requirement of any notice. Further, the heatingLESSEE shall surrender carpeting, ventilation any electrical meters, alarm systems, and air conditioning systems shall remain on all fixtures and work (including partitions) in any way built-in or otherwise attached to the Property and shall become the Leased Premises, as property of LandlordLESSOR, except such trade fixtures and work LESSOR shall direct LESSEE to remove or which LESSEE may remove without causing damages, losses, claims or injuries to persons or property. Any holding over LESSEE shall restore and repair all damages, losses, and injuries to persons and property including the Premises, and LESSEE shall indemnify, save and hold LESSOR harmless from any and all losses, claims, liabilities, damages, injuries to persons or property, real or personal, and expenses arising from any removal of personal property; which sums shall be paid by Tenant LESSEE as Additional Rent. LESSEE shall remove all LESSEE’S good and effects from the Leased Premises (including, without hereby limiting the generality of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leased Premises). LESSEE shall deliver to the LESSOR the Leased Premises in a good and broom clean condition (ready for future occupancy or the next Lessee), shall deliver all keys and locks thereto and other fixtures connected therewith and all alterations and additions made to or upon the Leased Premises, damage by fire or other casualty and reasonable wear and tear only excepted. In the event of the LESSEE’S failure to remove any holding over of LESSEE’S property from the Premises, LESSOR is hereby authorized without Landlord's consent shall entitle Landlordthe liability to LESSEE for loss and damage thereto, in addition to collecting Basic Rent and at a rate the sole risk of one hundred fifty percent (150%) thereofLESSEE, to exercise remove and store any of the property at LESSEE’S expense, or to retain same under LESSOR’S control or to sell at public or private sale, without notice of any or all rights of the property not so removed and remedies provided by law to apply the net proceeds of such sale to the payment of any sum due hereunder, or in equityto destroy such property. If Tenant the LESSEE fails to surrender surrender, vacate and deliver-up the Property upon Premises either after a default, agreement, judgment for possession or at the termination or expiration Lease Termination Date then LESSEE shall pay LESSOR Rent equal to one and half (1 1⁄2) times the Rent in effect at the time of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from the holdover until the date that LESSEE completely vacates the Premises together with all loss, costs, attorneys' feesexpenses, consequential damages and liabilities resulting from such failure, including, without limitation, any claims made reasonable attorneys’ fees incurred by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromLESSOR.

Surrender. Upon the expiration or other termination of the term, Tenant shall quit and surrender to Landlord the Demised Premises, broom clean, in as good order, condition and repair as it now is or may hereafter be placed, ordinary wear and tear and damage by casualty which Tenant is not specifically obligated to restore hereunder excepted. Tenant shall remove all property of Tenant. Any property left on the Demised Premises at the expiration or other termination of this Lease, or after the happening of any of the events of default set forth in Article 18, may, at the option of Landlord, either be deemed abandoned or be placed in storage at a public warehouse in the name of and for the account of and at the expense and risk of Tenant shall peaceably surrender the Property to or otherwise disposed of by Landlord in the same condition in which they were received manner provided by law. Tenant expressly releases Landlord of and from Landlord any and all claims and liability for damage to or destruction or loss of property left by Tenant upon the Demised Premises at the commencement expiration or other termination of this Lease, except and Tenant hereby indemnifies Landlord against any and all claims and liability with respect thereto. If Tenant holds over after, the term with the express consent of Landlord, such tenancy shall be from month to month only and shall not be a renewal hereof, and Tenant shall pay the rent and all the other charges at the same rate as altered as permitted or required by herein provided and also comply with all of the terms, covenants, conditions, provisions and agreements of this Lease for the time during which Tenant holds over. If Tenant holds over after the term without the consent of Landlord and except shall fail to vacate the Demised Premises after the expiration or sooner termination of this Lease for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, at any cause or after Tenant's expenseright to occupy same ceases, shall at such times of removalthereafter, repair any damage caused by such removal. Property not so removed shall become the 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 notwithstanding anything to the contrary contained hereinelsewhere in this Lease Tenant shall be liable to Landlord for the use and occupancy of the Demised Premises in an amount agreed to be 125% of the monthly installment of Base Monthly Rent, upon and all the other charges as provided in this Lease for the last month of the term. Tenant's obligation to observe or perform all of the terms, covenants, conditions, provisions and agreements of this Article 21 shall survive the expiration or other termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Surrender. Upon The Tenant shall provide and surrender to the landlord's possession of the extinguished facility so that the same terms and repairs will take place on the start date at the expiration of this Agreement or at the early termination set out in this Agreement. C) Removal and restoration. Any property not deleted at the expiration of this period shall be considered abandoned by the tenant and may be retained or disposed of by the landlord. The Tenant shall not improve lease rights or remove non-trade equipment and waive the Extinguished Facility, except for normal wear and tear and fire or other insured damage, on the same terms that the extinguished facility was required to enter the start date at the termination of the Tenant created by this LeaseAgreement. Fixtures and equipment installed by the tenant (check one) ☐ If the tenant is not the default in the performance of this Agreement, the tenant repairs all damage caused to the facility extinguished by the removal of such trading equipment and equipment; It may be deleted by the tenant. ☐ termination of this Agreement, all transaction equipment and equipment installed by the Tenant may not be removed by the Tenant. D) Assignment and subleting. (check one) ☐ not allowed to sublease. The Tenant does not assign this Agreement with any part or all of the Extinguished Facilities and does not make or permit any sublease or other transfer of all or all of the Extinguished Facilities. ☐ leases are permitted with the approval of the landlord. The Tenant shall peaceably surrender not assign, mortgage, transfer, sever any interest in this Agreement in whole or in part, or grant any license or concession in connection there without the Property prior written consent of the Landlord. Damage to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tearfacility. Tenant shall remove from the Property prior With regard to such termination all its property that is capable of removal without causing damage to the Propertyfacility: A) substantial damage. The property that constitutes an extinguished or extinguished facility is damaged or destroyed by fire or other casualties, 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 property of Landlord. Landlord may thereafter cause such property to be removed and disposition and the cost of repairing or replacing the same one ☐ (check one), and then $_% of its exchange value ☐, within days after such casualties have occurred, terminates this Agreement on the basis of written notice. B) Partial damage. In the case of an extinct facility or real estateThe portions that make up the extinguished facility will be partially damaged or destroyed by fire or other casualties, and the cost of repairing or replacing the same (check one) ☐ %☐, of subsequent replacement values, and if the landlord does not choose to terminate this Agreement as a result of substantial damages, the landlord shall repair the damage with reasonable dispatch after notice of such victim. However, the obligation of the landlord to repair or restore ☐ (Check 1) shall not be limited to the restoration of the structural part of the ☐ extinguished facility (confirmed one☐ and shall not include repairing or repairing any damage caused equipment, improvements or other changes made by such removal the tenant in or in the ☐ facility in which the tenant has disappeared. Contrary to what is provided here, the obligation of the landlord to repair or rebuild shall be borne by Tenant. Notwithstanding anything limited to the contrary contained herein, upon termination proceeds of this Lease pursuant fire insurance received by the landlord (less of the cost associated with the same collection) as a result of such victims. If the proceeds of fire insurance received by the landlord (which reduces the cost incurred by the landlord in collecting the same) are insufficient to a default by Tenantrebuild the extinguished facility and/or property, the heatinglandlord shall have the option to terminate the lease if notified to the tenant within _ days after receipt of the entire net insurance to be paid in regards to such fire or casualties. C) Rent in the time of damage or destruction. If this Agreement terminates in the above way, ventilation the rent shall be allocated at the time of such casualty. If this Agreement does not terminate and air conditioning systems the landlord chooses to restore or restore the extinguished facility, the rent paid by the tenant shall remain be fairly abolished on the Property and shall become the property of Landlord. Any holding over by Tenant basis of the Property after square feet of the expiration extinguished facility that can be used until the damage to the extinguished facility is repaired. However, there is no need to reduce the payment of any operating expenses in any case. Eminable domain. Regarding eminminion domain: A) condemnation of the vanished establishment. If all or earlier termination part of an extinguished facility is acquired or acquired by a public or quasi-public authority under the power or threat of a eminance domain, except for a temporary period of time, the lease term shall be suspended as of the period of ownership on that date. Facilities that have disappeared during the term of this Lease Agreement, or any extensions thereofpart therep, or more than _% of the physical or common areas, are taken by condemnation or rightsIn eminent domain, or instead of private purchase, this Agreement and the period for which this Agreement was given, end with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) sole option of the Basic Rent landlord, and if the landlord terminates, this agreement expires on the day that possession is taken by the worder, and the basic rent reserved herein here is allocated until that date and upon paid in full, and all prepaid base rents will be paid in full until that date, All upfront base rents shall be repaid to the same terms landlord tenant. If the Landlord does not choose to cancel or terminate this Agreement in accordance with the fore provisions, the Landlord shall as much as possible reconstruct and conditions restore as contained much as possible the facility that has terminated immediately before such up-and-coming, and this Agreement shall fairly allocate the payment of the basic rent in accordance with the provisions of this Agreement during such restoration. The vanished facility took the bear to the total square foot of the facility, which disappeared shortly before such a shooting. However, in no event will the payment of operating costs be reduced, but the landlord's obligation to restore or rebuild will be limited to an amount that does not exceed the revenue earned from such take-out (less costly to collect the same). Despite the above, the net blame award received by the landlord must have the option to cancel and terminate this contract within _ days after the landlord receives a net re-accusation. B) Blame award. All compensation awarded or paid for the acquisition of all or part of an extinguished facility belongs to the property of the landlord and is property. Unless the tenant's award is reduced from the authority to condemn the landlord's award, there is nothing preventing the tenant from pursuing another award from the blame authority for taking the cost of moving or its personal property. Bankruptcies and bankruptcies. The appointment of a tenant who owns all or substantially all of the tenant's assets, or by the tenant or the person who constitutes the tenant, who constitutes the creditor's interest, tenant or tenant, or who constitutes the tenant for the benefit of the person who constitutes the tenant under the Bankruptcy, Bankruptcy, or Reorganization Act, constitutes a breach of this Agreement by the Tenant. In no event may this Agreement be assigned or assigned by the operation of law or voluntary or involuntary bankruptcy proceedings, and in no event shall this Agreement or any right or privilege under this Agreement be the asset of a tenant or person.Tenants under bankruptcy, bankruptcy, or reorganization procedures. Default. Default: A) Permissions for the default tenant. If the tenant waives or empties the leased facility, does not pay the rent at the time provided for in this Lease. Notwithstanding Agreement, or is notified in writing by the foregoinglandlord after _ days, the tenant shall not cure any holding over without Landlord's consent shall entitle Landlord, other default in addition the performance of its obligations under this Agreement (in order for the tenant to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, Unless you proceed to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender continue until the Property upon the termination or expiration of this Leasedefault is cured), in addition to any other liabilities rights or remedies that the landlord has in law or otherwise, the landlord shall have the right to Landlord accruing therefromre-move in and own the extinguished facility without legal proceedings, from which all persons and property shall be removed. If the landlord chooses to re-enter the country in accordance with this Agreement, or if the landlord is in possession in accordance with legal proceedings or in accordance with the notice provided by law, the landlord may terminate the tenant's rights under this Agreement and re-permit the facility or part thereo of that disposition in accordance with such period and other conditions in such period and the exercise of the landlord's discretion. With each such re-forgiveness, the Tenant shall protectimmediately be liable for the payment to the landlord of the tenant's debts (excluding the rent in this document), defendthe costs and expenses of such re-lending. In addition, indemnity the changes and hold harmless Landlord from all lossrepairs incurred by the landlord and the amount of rent reserved in this Agreement, costswhich is the tenant's responsibility under the provisions of this Agreement for such re-lease period, attorneys' fees, damages and liabilities resulting from exceed the amount agreed to be paid as rent by the new tenant of the extinguishing facility for the period of such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.re-lease. B)

Surrender. Upon On the last day of the term of this Lease or upon the earlier termination of this Lease, Tenant shall peaceably surrender the Property Leased Premises to Landlord in good order, repair, and condition at least equal to the same condition in which they were received when delivered to Tenant, excepting only reasonable wear and tear resulting from Landlord at normal use, the commencement damage by fire or other casualty covered by the insurance carried by Landlord. All movable fixtures, office equipment, and other personal property of Tenant shall remain the property of Tenant, and upon the expiration date or earlier termination of this LeaseLease may be removed from the Leased Premises by Tenant, except as altered as permitted or required by this Lease subject, however, that Tenant shall repair and except for ordinary restore in a good and workmanlike manner (reasonable wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing tear excepted) any damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage Leased Premises or Building caused by such removal. Property Any of such movable fixtures, office equipment and other personal property not so removed by Tenant at or prior to the expiration date or earlier termination of this Lease shall unless otherwise agreed become the property of Landlord. Landlord may thereafter cause such All other property to be removed and disposition and as a part of the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything Leased Premises attached or affixed to the contrary contained hereinfloor, wall or ceiling of the Leased Premises (including wall-to-wall carpeting, paneling or other wall covering) are the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease pursuant by lapse of time or otherwise, Tenant hereby waiving all rights to a default by any payment or compensation therefor. Notwithstanding anything herein to the contrary, Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant 's surrender of the Property after Leased Premises shall in no way affect Tenant's obligation to pay rent to the expiration or earlier termination date of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, whether or not the amount of such obligation has been ascertained either as of the date Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromsurrenders the Leased Premises or as of the date of expiration of this Lease.

Surrender. Upon 19.01 On the last day of the Term, or the Option Term if in effect, or upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall peaceably quit and surrender the Property Demised Premises to Landlord broom clean, in the same good order, condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and repair except for ordinary wear and tear. tear and damage by fire or other insured casualty, restored as provided in Section 8.01, if applicable. 19.02 Prior to such surrender, Tenant shall (a) remove from any Tenant's property not part of the Property prior to such termination personal property as otherwise provided herein, including, without being limited to, all its property that is capable of removal without causing damage Tenant's machinery, equipment, medical equipment and machines bolted to the Propertyfloor and such fixtures as Landlord shall designate, whether or not previously deemed to be the property of Landlord, (b) 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 subparagraph (a) above occurred, to a condition which will be suitable for non-specialized medical office use, and (c) Tenant shall restore the Demised Premises including, without limitation, any floor space area which may have been removed in order to accommodate Tenant's needs, the Demised Premises to be restored to that state or condition as shall be useable for non- specialized, medical office use. If Tenant shall fail to perform as provided in this Section 19.02 hereof, Landlord shall have the right (but not the obligation) to do so at Tenant's cost and expense, without further notice or demand upon Tenant, and Tenant shall indemnify Landlord against all loss or liability resulting therefrom, including without limitation, any delay in granting occupancy of the Demised Premises to a future occupant, and, at TenantLandlord's expenseoption, Tenant shall be deemed a Tenant "at such times of will" until compliance with the removal, repair and restoration provisions of this Section 19.02 hereof has fully been satisfied. 19.03 Tenant hereby indemnifies and agrees to hold Landlord harmless from and against any damage caused loss, cost, liability, claim, damage, fine, penalty and expense, including reasonable attorneys' fees and disbursements, resulting from delay by such removal. Property not so removed shall become Tenant in surrendering the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and Demised Premises upon 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained provided in this Lease. Notwithstanding the foregoingArticle 19, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, including without limitation, any claims made by any succeeding tenant founded Tenant or prospective Tenant-based upon such failure delay. 19.04 In the event Tenant remains in possession of the Demised Premises for a period of more than sixty (60) days after the termination of this Lease without the execution by Landlord and Tenant of a new Lease, Tenant, at the option of Landlord, shall be deemed to surrender be occupying the Demised Premises as a Tenant "at will", at a monthly rental equal to two times the Base Rent and Additional Rent payable during the last month of the Term or any lost profits Option Term, subject to all of the other terms of this Lease insofar as the same are applicable to an at will tenancy, and without in any way whatsoever waiving the provisions of Section 19.03 hereof. In the event of any holdover of less than sixty (60) days, Tenant shall pay Landlord resulting therefromRent and Additional Rent at the rate in effect during the last month of the Term or any Option Term.

Surrender. Upon the expiration of the Term or earlier termination of this LeaseTenant’s right of possession, Tenant shall peaceably surrender the Property Premises to Landlord in the same condition as received, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 15 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which they were received from Landlord at such access card was used or changing the commencement of this Leaselock or locks opened by such lost key. Any Tenant’s Property, except as altered Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, Landlord at Tenant's ’s expense, shall at and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such times property. All obligations of removal, repair any damage caused by such removal. Property Tenant hereunder not so removed shall become fully performed as of the 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 pursuant to a default by Tenantthe Term, including the heatingobligations of Tenant under Section 26 hereof, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after survive the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failureTerm, including, without limitation, any claims made by any succeeding tenant founded upon such failure indemnity obligations, payment obligations with respect to surrender Rent and any lost profits to Landlord resulting therefromobligations concerning the condition and repair of the Premises.

Surrender. Upon On the termination last day of the Term of this Lease, including any extended term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Property to Landlord Leased Premises and all improvements thereon in the same condition in which they were received from Landlord as at the commencement of this Lease, except as altered as permitted or required by this Lease in good order, condition and except for ordinary repair, fire and other unavoidable casualty, and reasonable wear and teartear 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 or in Common Areas 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. On or before the last day of the Term, Tenant shall remove all business, trade fixtures, equipment and personal property from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, Leased Premises and shall at such times of removal, repair any damage caused occasioned by such removal. Property Any personal property not so removed shall become the 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 Tenant shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten percent (10%) 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. Any holding over The delivery of the keys to the Leased Premises to Landlord at the place then fixed for the payment of rent shall constitute surrender of the Leased Premises by Tenant and acceptance of the Property after keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the expiration or earlier contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the term property of Tenant then 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 any extensions thereofto secure the payment of damages, with the consent and Landlord may retain possession of Landlord, such property until payment in full of said amounts. Said lien shall operate and not be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained defeated by placing such property in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equitystorage. If Tenant fails to surrender the Property upon has not redeemed said property within ninety (90) days after the termination or expiration of this said Lease, Landlord may sell such property at public or private sale without further notice to Tenant, and shall apply in addition a reasonable manner determined by Landlord the proceeds of sale to any other liabilities reduce the amounts then owed from Tenant to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromLandlord.

Surrender. Upon the Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination of this Lease, Tenant shall peaceably vacate and surrender the Property Premises to Landlord in the same condition in which they were as when received from Landlord at the commencement inception of this Lease, except as altered as permitted or required by this Lease and except for subject to ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage caused by such removal. Property not so removed All Alterations shall become a part of the 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property Premises and shall become the property of Landlord. Any holding over 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 strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. 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 Property Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall 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 the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protectbe deemed to have abandoned the same, defendin which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), indemnity and hold harmless Landlord from all lossor appropriate the same for itself, costsand/or sell the same in its discretion, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure with no liability to surrender and any lost profits to Landlord resulting therefromTenant.

Surrender. Upon SECTION 4.01. On the last day of the term hereof or upon any earlier termination of this lease, or upon any re-entry by Landlord upon the Demised Premises pursuant to Article 19 hereof, Tenant shall surrender the Demised Premises, together with all fixtures and articles of personal property attached to or used in connection with the operation thereof, into the possession and use of Landlord without delay and in good order, condition and repair, reasonable wear and tear excepted, free and clear of all lettings and occupancies other than subleases permitted by this lease and any existing subleases and free and clear of all liens and encumbrances other than those, if any, permitted by this lease or created or consented to by Landlord. SECTION 4.02. Where furnished by or at the expense of any subtenant, furniture, trade fixtures and business equipment (not constituting part of the Demised Premises) may be removed by Tenant or by such subtenant at or prior to the termination of its sublease, provided, however, that the removal thereof will not contravene the provisions of the Ground Lease and that Tenant shall with due diligence, and without expense to Landlord, cause the Building to be promptly restored to its condition prior to such removal and cause any injury due to such removal to be promptly repaired. SECTION 4.03. Any personal property of Tenant or any subtenant which shall remain in the Building after the termination of this Leaselease or any sublease and the removal of Tenant or such subtenant from the Building, Tenant shall peaceably surrender the Property to Landlord in the same condition in which they were received from Landlord may, at the commencement option of Landlord be deemed to have been abandoned by Tenant or such subtenant and either may be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. SECTION 4.04. Landlord shall not be responsible for any loss or damage occurring to any property owned by Tenant or any subtenant. SECTION 4.05. The provisions of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant Article 4 shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, shall at such times of removal, repair survive any damage caused by such removal. Property not so removed shall become the 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromlease.

Surrender. Upon the Except as provided in Section 7.3 and in this Section 10.5, upon expiration or earlier termination of this Lease, Tenant shall peaceably surrender the Property Premises to Landlord in the same condition in which they were as when received from Landlord at the commencement inception of this Lease, except as altered as permitted or required by this Lease and except for subject to ordinary wear and tear. All Alterations and the Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage caused by such removal. Property not so removed Improvements shall become a part of the 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property Premises and shall become the property of LandlordLandlord 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 or the Tenant Improvements, in which event Tenant shall promptly remove prior to the date of such expiration or termination the Alterations and the Tenant Improvements designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant's sole expense. Any holding over Failure by Tenant to strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. 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 Property Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall 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 the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protectbe deemed to have abandoned the same, defendin which case Landlord may store the same at Tenant's expense (and Tenant shall pay Landlord the cost thereof upon demand), indemnity and hold harmless Landlord from all lossor appropriate the same for itself, costsand/or sell the same in its discretion, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure with no liability to surrender and any lost profits to Landlord resulting therefromTenant.

Surrender. Upon On the last day of the Term, or on the sooner termination of this Lease, Tenant shall peaceably surrender the Property Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, casualty, condemnation, Landlord’s repair obligations and ordinary wear and tear excepted). In addition, on or before the same condition in which they were received from Landlord at the commencement expiration or sooner termination of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all its property that is capable of removal without causing damage to the Property, andTenant, at Tenant's ’s expense, shall at such times of removal, remove the following items and repair any damage caused by such removal(damage by acts of God, fire, casualty, condemnation, Landlord’s repair obligations and ordinary wear and tear excepted): all of Tenant’s Property (as defined in Paragraph ‎15(b)) and ▇▇▇▇▇▇’s signage from the Premises, the Building or the Project; and (ii) subject to the provisions of Paragraph ‎12, any Required Removal Alterations (as defined below) made by or on behalf of Tenant and designated by Landlord for removal. Property not so removed shall become the property Tenant’s removal and disposal 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 items pursuant to a default by Tenant, this Paragraph ‎11 must comply with Laws. All Tenant Improvements and Alterations (other than the heating, ventilation and air conditioning systems Required Removal Alterations) shall remain on in the Property and shall become Premises as the property of Landlord. Any holding over of Tenant’s Property not so removed by Tenant shall be deemed abandoned and may be stored, removed, and disposed of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of by Landlord, at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from ▇▇▇▇▇▇▇▇’s retention and disposition of such property; provided that Tenant shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities remain liable to Landlord accruing therefrom, Tenant shall protect, defend, indemnity for all costs incurred in storing and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from disposing of such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromabandoned property of Tenant.

Surrender. Upon (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall peaceably surrender remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the same condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in which they were received from Landlord at possession of the commencement Premises after the expiration or termination of this Lease, except as altered as permitted or required by Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease and (unless clearly inapplicable), except for ordinary wear and tear. Tenant shall remove from that the Property prior to such termination all its property that is capable of removal without causing damage to the Property, 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 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 Monthly Rent shall be borne 150% the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant. Notwithstanding anything to Tenant after the contrary contained herein, upon expiration or termination of this Lease pursuant shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property part of Landlord. Any holding over by Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the Property after remedies available to Landlord in the expiration or earlier termination event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromholdover.

Surrender. Upon Subject to the provisions of Section 5.07 hereof, on the Term Expiration Date (or earlier termination of this Lease), Tenant ▇▇▇▇▇▇ shall peaceably quit and surrender possession of the Property Leased Premises to Landlord in the same as good order and condition in which as they were received from Landlord at in on the commencement of this LeaseTerm Commencement Date, except as altered as permitted or required by this Lease and except for ordinary reasonable wear and tear, casualties, taking by condemnation and repairs which are Landlord's responsibility excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Leased Premises, and shall remove from the Property prior to such termination all its property that is capable of removal without causing repair any damage to the Property, and, at Tenant's expense, shall at such times of removal, repair any damage caused by Project resulting from such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause Any such property to be not 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 pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of by the Property after the expiration Term Expiration Date (or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding ) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent account and at a rate the expense and risk of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equityTenant. If Tenant fails shall fail to surrender pay the Property cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper in accordance with applicable law, without notice to or demand upon Tenant. Landlord shall apply the termination proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or expiration thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, in addition the balance, if any, to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnity and hold harmless Landlord from all loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromTenant.