Common use of ACCEPTANCE AND SURRENDER OF PREMISES Clause in Contracts

ACCEPTANCE AND SURRENDER OF PREMISES. Landlord, at its sole cost and expense, shall deliver the leased Premises with all building systems and components in good condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water and gas systems, ceiling system, heating, ventilating and air condition systems. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and at the option of Landlord shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning airconditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordSubject to the provisions of Paragraph 6 (“As-Is Basis”), at its sole cost and expenseby entry hereunder, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the Building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such Building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly paintedcleaned, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all then-existing alterations, additions additions, and improvements (collectively “Alterations”) which may have been made made, in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except as referenced in Paragraph 7 (“Alterations and Additions”), Tenant shall not be required to remove any Alterations that are not subject to restoration pursuant to Landlord’s written Consent to Alterations agreement to be executed by Tenant and Landlord for each request from Tenant to make Alterations to the Premises. Notwithstanding anything to the contrary contained or implied in the above, the Interior Improvements constructed by Tenant pursuant to the Construction Agreement shall become a part of the Premises upon installation and Tenant shall not be required or allowed to remove said Initial Interior Improvements upon Lease Termination without Landlord’s written consent; however, Tenant shall be responsible for any and all maintenance, repairs and/or replacements required during the Lease Term. For all other such Alterations, Tenant shall ascertain from Landlord within thirty (30) days before the end of the term Term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant shown on Exhibit B and if Landlord shall so desire, then at Tenant’s option and in Tenant’s sole and absolute discretion, Tenant shall either (i) pay to Landlord a fee (“Restoration Fee”) in an amount equal to Landlord’s reasonably estimated cost to restore the Premises to said configuration and condition that existed upon the completion of Tenant’s Initial Interior Improvements and Other Tenant Improvements as reflected on Exhibit B (“Restoration Work”) or (ii) Tenant shall reconfigure and restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense; provided, provided however, that in the event Landlord requires Tenant to pay the Restoration Fee as noted in item (i) above, and Landlord does not complete all or a portion of the Restoration Work as related to Alterations within twelve (12) months following the Termination Date, Landlord agrees to refund to Tenant that portion of the Restoration Fee related to the Alterations not so completed within said twelve (12) month period. Notwithstanding anything to the contrary above, Tenant shall be responsible for ensuring that all of Tenant’s Initial Interior Improvements, as well as any future Alterations made during the Lease Term (including any Extended Term(s)) comply with all applicable building codes and any other applicable governmental and/or administrative rules, regulations and/or ordinances as of the date said (i) Initial Interior Improvements and/or future Alterations are made and (ii) as of the Lease Termination Date. In the event Tenant elects to pay for the cost of the restoration in lieu of completing the required construction, the fee shall be paid by Tenant to Landlord regardless of whether or not Landlord elects to restore all or part of said Premises. In the event Tenant elects to complete the restoration and said restoration is not completed prior to the Termination Date, Tenant acknowledges that Tenant shall enter into a Hold Over period pursuant to the terms of Lease Paragraph 30 (“Holding Over”) and Tenant shall automatically be liable to Landlord for the monthly Hold Over Basic Rent and all other Additional Rent until said restoration is completed by Tenant. Prior to the Termination Date, as part of the surrender of Premises procedures, Landlord may elect to have the Building systems inspected, at Tenant’s sole cost and expense, including, but not limited to the HVAC system, plumbing systems and roof, and Tenant shall be held responsible for restoration of any Tenant Improvements made pursuant the cost required to Paragraph 48put the Premises into the condition required by this Paragraph. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence . Upon surrender of the Premises to Landlord, its agents, servants, employees, invitees, or contractorsTenant shall provide Landlord with keys for all interior locking doors and Tenant agrees to pay to Landlord the cost of Landlord re-keying (i) all exterior doors (including Initial: DWD/JA mechanical rooms) and (ii) all interior doors with locks to which Tenant is not able to provide Landlord keys. If the Premises are is not surrendered at the end of the term Term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by costs associated with any judgment against Landlord in favor of any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term Term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in the present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions expectations to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning and heating hearing equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then the Tenant shall restore said Premises or such part or parts thereof before the end of this the Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end to the term or sooner termination of this Lease, shall remove all of Tenant's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed remove on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and at the option of Landlord shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.of

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordLandlord represents to its knowledge without any investigation, at its sole cost nor the duty to investigate, and expensewith the parties acknowledgement that the Tenant has been occupying the Premises for the past eight (8) years, shall deliver that as of the leased Premises with all building systems and components Commencement Date of this Lease, Landlord is not aware of any defect in good condition and good working order including all electricalthe roofs, plumbing, fire sprinkler, lighting, water and gas systems, ceiling systemstructural components, heating, ventilating ventilating, and air conditioning systems, electrical and plumbing systems, parking lots and site lighting, of the Premises and/or the Complex upon which the Premises are located. Subject to Landlord’s representations and warranties contained elsewhere in this Lease, Tenant accepts the Premises as being in good and sanitary order, condition systemsand repair and accepts the Premises in their present condition and without representation or warranty by Landlord as to the condition of the Premises or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replacedrepaired, if damaged; , and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) ), except that as to alterations which Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires is required to have the Premises remove or any part or parts thereof restored to their condition and configuration restore as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48set forth below. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordLandlord represents and warrants, at its sole cost to Tenant that, as of the date of delivery of possession; (i) the premises, and expense, all systems serving the Premises shall deliver the leased Premises with all building systems and components be in good operating order, condition, and repair; and (ii) the Premises shall comply with ADA requirements. By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and good working order including all electricalrepair and accepts the building and improvements included in the Premises in their condition on the date of occupancy and without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. In the event Landlord constructs improvements for Tenant prior to occupancy as part of this Lease, plumbingLandlord and Tenant shall prepare a punch list within fifteen (15) days of occupancy which items shall be corrected within thirty (30) days of submission of the punch list to Landlord. In the event that any item(s) in the punch list cannot be corrected within thirty (30) days, fire sprinkler, lighting, water and gas systems, ceiling system, heating, ventilating and air condition systemsit shall be sufficient that Landlord has commenced correction of such item(s) within the thirty (30) day period. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in at least as good condition and repair (damage by Acts repair, and restored to the same condition it was delivered in upon the commencement date of God, fire or this Lease normal wear and tear excepted)expected as when Tenant commenced occupancy of the Premises and in accordance with the standards set forth in Paragraph 11 below. Upon termination of the Lease and Tenant's surrendering the Premises, with all interior walls paintedLandlord may, at Tenant's expense, cause the Premises to meet the standards set forth in Paragraph 11. Any alterations, additions, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) shall be removed at Tenant's sole expense prior to termination of the Lease Term except that Tenant shall ascertain from Landlord within not less than thirty (30) days before the end of the term of this Lease Term whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises (including repairing any damage caused during the Lease Term or such part by the removal of Tenant's personal property or parts thereof before the end of this Lease at Tenant’s sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination trade of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify be treated as a holdover pursuant to Paragraph 30 below and Tenant agrees to indemnify, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term Term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof except as otherwise provided herein. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning airconditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term subject to paragraph 9 of this Lease Landlord shall notify Tenant at the same time as Landlord provides its consent to such alterations, additions or improvements which exceed $15,000 in construction costs whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered existed prior to Tenant such alteration, addition, or improvement and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.(See paragraph 50 below)

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordUpon the Lease Commencement Date, at its sole cost Tenant, as to Landlord (but not necessarily as to any architect or contractor), accepts the Building and expense, shall deliver improvements included in the leased Premises with all building systems and components the Common Area(s) as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair to the extent of the then status as to construction and gas systems, ceiling system, heating, ventilating accepts the Building and air improvements included in the Premises in their then present condition systemsand without representation or warranty by Landlord as to the condition of the Building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Landlord and Tenant shall cause an appropriate description of the Interior Improvements as originally installed by Tenant, once completed, to be attached as Exhibit B to this Lease. If Tenant desires to make or has made any material alterations to the initial design of the Interior Improvements which Tenant would wish not to be required, pursuant to the provisions of this Paragraph, to remove upon surrender of the Premises to Landlord, Tenant may request Landlord's approval to the modification of Exhibit B to reflect such alterations, with Landlord to have the right in its reasonable discretion to grant or withhold such approval. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or other causes for which Tenant is not obligated to repair pursuant to Paragraph 25 ("Destruction"), and normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly paintedcleaned, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all interior and exterior windows washed; the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm or by Tenant's in-house maintenance staff (if approved by Landlord) and in good operating condition and repair; the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts; the roof membrane inspected and any required repairs or replacements completed by a licensed roof contractor and in good condition and repair; and to the extent reasonably allocable on an exclusive basis to the Premises: the lawn and shrubs in good condition including the replacement of any dead or damaged plantings; the sidewalk, driveways and parking areas in good order, condition and repair, including the sealing and striping of the parking lot and asphalt areas (provided and to the maintenance extent not so allocated on an exclusive basis to the Premises to instead be the subject of such equipment has been Tenant’s responsibility during 's obligations under either Paragraph 9C (Common Area Maintenance) or Paragraph 10 (Expenses of Operation, Management, and Maintenance of the term Common Areas of this Lease) (damage by Acts of Godthe Complex), fire or normal wear and tear excepted) as applicable); together with all alterations, additions additions, and improvements which may have been made made, in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant and such other items that Tenant, under this Lease, is allowed to remove, if any) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term Lease Term, as to any portion of this Lease the Premises which does not conform to the configuration reflected on Exhibit B, whether Landlord desires to have such portion of the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant then reflected on Exhibit B, and if Landlord shall so desire, then Tenant shall restore said portion of the Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expenseexpense to the configuration as reflected on Exhibit B. Notwithstanding the above, provided that Tenant shall not be held responsible for restoration Tenant, in lieu of reconfiguring the Premises to the configuration shown on Exhibit B, may instead modify any Tenant Improvements made pursuant non-conforming areas of such portion of the Premises to Paragraph 48provide an Open Office Area, as defined below. Tenant, on or before the end of the term Lease Term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Lease Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord Landlord, may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term Lease Term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof Lease Term or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases or subtenancies. Notwithstanding the above, in the event Tenant installs any permanently attached lab fixtures and subtenanciesequipment in the Building or on the roof of the Building, including any electrical, plumbing, ventilation or air conditioning equipment associated with supporting the specific requirements of any other lab equipment (collectively "Lab Equipment"), (i) Landlord shall have the right to require Tenant to remove any or all Lab Equipment prior to the end of the Lease Term and (ii) provided ALZA or an ALZA Affiliate is the Tenant at the time of intended removal at or near the end of the Lease Term, Tenant shall have the right to elect to remove any or all Lab Equipment (despite its having been permanently attached to the Premises), prior to the termination date of this Lease. Lab Equipment as used herein shall not include any supplemental HVAC equipment which is installed to provide general supplemental air-conditioning or ventilation to any occupied space in the Building. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Paragraph 7, Tenant, in removing any such Lab Equipment, xxxxx xx xxxxxxxxxle and liable for (i) complying with all permit and other governmental regulations related to the installation and/or removal of the Lab Equipment, and (ii) immediately restoring any and all damage to the Premises resulting from the installation and/or removal of the Lab Equipment. In the event Tenant elects or is required by Landlord to remove any of the Lab Equipment prior to the termination date of this Lease, Tenant shall be responsible and liable for (i) removing all lab related equipment and cabinets in the former lab location where such Lab Equipment is to be removed and (ii) creating an "Open Office Area" in such former lab location as provided in the following sentence. If Tenant is obligated to create an "Open Office Area" as provided above, then Tenant shall, at Landlord's election made prior to the termination date of this Lease, either (i) cause the following items to be installed by Tenant at Tenant's sole cost or (ii) be obligated to reimburse Landlord for any subsequent cost reasonably incurred by Landlord after expiration of the Lease in installing any of the following items in conjunction with Landlord's preparing such portion of the Premises for the immediately succeeding tenant, with such items being the following: (a) a dropped ceiling using the same type of ceiling tiles used throughout the Building in the office areas, (b) Landlord's standard grade carpet and base board (as used in the carpeted areas of the Premises), and (c) such re-configuration of the electrical and HVAC systems and controls and lighting and may be reasonably required to make it appropriate for open office use.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordSubject to Paragraph 40 by entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air air-conditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair, together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Leaselease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordSubject to Paragraphs 48 and 49, at its sole cost and expenseby entry hereunder, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning airconditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a ors mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry therein, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the Building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such Building or as to the use of occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with including without limitation, all interior walls freshly painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all tile floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; all windows washed inside and out, the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and firm, left in good operating condition (provided and repair as so certified to by such firm; the maintenance plumbing, electrical and lighting systems left in good order and repair, including replacement of such equipment has any burned out, discolored or broken light bulbs, ballasts or lenses, the lawn, shrubs and trees in good condition including the replacement of any dead or damaged plantings; the sidewalk, driveways and parking areas in good order, condition and repair, any damaged surface or other portion having been Tenant’s responsibility during the term of this Lease) (damage by Acts of Godrepaired or replaced, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except ), provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts part(s) thereof restored to their original condition and configuration as when the Premises were was delivered to Tenant Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part or parts perils) thereof before prior to the end termination of this Lease at Tenant’s 's sole cost and expense, provided that . Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenantshall, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove remove, store and/or sell all moveable furniture personal property and equipment trade fixtures so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify indemnity Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises Premises, including, without limitation, any claims made by any succeeding tenant founded on an such delay. Nothing contained herein No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be construed as deemed to be or constitute an extension acceptance of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation prior to the expiration of this Lease shall not work as a merger the Term hereof, and at the option of Landlord shall either terminate all or any existing subleases or subtenancies or operate as an assignment to acceptance by Landlord of all or any such subleases and subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.surrender by

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electricalrepair and accepts the building and improvements included in the Premises in their condition on the date of signing Lease and without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. In the event Landlord constructs improvements for Tenant prior to occupancy as part of this Lease, plumbingLandlord and Tenant shall prepare a punch list within fifteen (15) days of occupancy which items shall be corrected within thirty (30) days of submission of the punch list to Landlord. In the event that any item(s) in the punch list cannot be corrected within thirty (30) days, fire sprinkler, lighting, water and gas systems, ceiling system, heating, ventilating and air condition systemsit shall be sufficient that Landlord has commenced correction of such item(s) within the thirty (30) day period. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in at least as good condition and repair (damage by Acts as when Tenant commenced occupancy of Godthe Premises, fire or except normal wear and tear excepted)and in accordance with the standards set forth in Paragraph 11 below. Upon termination of the Lease and Tenant's surrendering the Premises, with all interior walls paintedLandlord may, at Tenant's expense, cause the Premises to meet the standards set forth in Paragraph 11. Any alterations, additions, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) shall be removed at Tenant's sole expense prior to termination of the Lease Term except that Tenant shall ascertain from Landlord within not less than thirty (30) days before the end of the term of this Lease Term whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore (including repairing any damage caused during the Lease Term or by the removal of Tenant's personal property or trade fixtures) said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify be treated as a holdover pursuant to Paragraph 30 below. and Tenant agrees to indemnify, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and at the option of Landlord shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.without

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning airconditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease Lese whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordSubject to the provisions of Section 1 above, at its sole cost and expense, shall deliver by entry therein. Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the Building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such Premises or Building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be made by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord broom clean, free of debris and personal property, and in good substantially the same condition and repair as of the commencement of this Lease term (damage by Acts of God, fire and casualty or condemnation, normal wear and tear and alterations not required to be removed pursuant to this Lease excepted), with ) including without limitation: all interior walls painted, freshly painted (or cleaned so that they appear freshly painted, and repaired and replaced, if damaged); and all tile floors cleaned and waxed; , all carpets cleaned and shampooedshampooed with stains removed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; all windows washed inside and out, the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and services firm, left in good operating condition (provided and repair as so certified to by such firm: the maintenance of such equipment has been Tenant’s responsibility during the term of this Lease) (damage by Acts of Godplumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out, discolored or normal wear broken light bulbs, ballasts or lenses; the lawn, shrubs and tear excepted) trees in good condition including the replacement of any dead or damaged plantings; the sidewalk, driveways and parking areas in good order, condition and repair, any damaged surface or other portion having been repaired or replaced; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except ), provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts part(s) thereof restored to their original condition and configuration as when the Premises were was delivered to Tenant Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part or parts part(s) thereof before prior to the end termination of this Lease at Tenant’s sole cost and expense, provided that . Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenantshall, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove remove, store, retain and/or sell all moveable furniture personal property and equipment trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. Nothing contained herein No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be construed as deemed to be or constitute an extension acceptance of the term hereof or as surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a consent written acknowledgment of Landlord to any holding over acceptance of surrender signed by TenantLandlord. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work network as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment or attornment to Landlord of all or any such subleases and subtenanciesas Landlord may elect to retain. Subject to After the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations expiration or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage damages by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and at the option of Landlord shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.termination

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordSubject to Paragraphs 41, at its sole cost 48 and expense50, shall deliver and by entry hereunder, Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls wall painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming accoustical ceiling tiles replaced; all windows washed; the server room air conditioning airconditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or bailasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, . Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. Landlord, at its sole cost and expense, Landlord shall deliver the leased Premises to Tenant with all building the plumbing, electrical and mechanical systems and components in good condition and good working order including all electricaland repair. Subject to Paragraphs 26 (Destruction) and 27 (Eminent Domain), plumbing, fire sprinkler, lighting, water and gas systems, ceiling system, heating, ventilating and air condition systems. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) shampooed together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except ); provided, however, that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease Term whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term Lease Term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Lease Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made consequential damages to Landlord caused, in whole or in part, by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Leasesubleases.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning airconditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty ninety (3090) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this LeaseSEE PARAGRAPH 51.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant ------------------------------------ accepts the leased Premises with all building systems and components premises as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without the representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or non-conforming acoustical ceiling tiles replaced; all windows washed; the server room air air-conditioning and heating equipment serviced systems served by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease Lease, at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or of sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by the Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordSubject to Paragraphs 48 and 49, at its sole cost and expenseby entry hereunder, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning airconditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed: all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty ninety (3090) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and subtenanciesor sub tenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this LeaseSEE PARAGRAPH 51.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; : all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty ninety (3090) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, Premises and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, Tenant at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this LeaseSee Paragraph 52.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, painted or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning airconditioning and heating equipment serviced services by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and sublease or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. Subject to Landlord’s obligations under Paragraph 6.A (AS-IS Basis: Leased on “As-Is” Basis) and completion of its obligations under Paragraph 6.B (AS-IS Basis: Interior Improvements to be Constructed by Landlord) and Landlord’s obligations under the Construction Agreement, at its sole cost and expenseby entry hereunder, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the Building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such Building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems within the non-common areas of the Premises serviced by a reputable and licensed service firm and in good operating condition and repair; the plumbing and electrical systems and lighting within the non-common areas of the Premises in good order and repair, including replacement of any burned out or broken light bulbs or ballasts (provided all lights and ballasts must be of the maintenance of such equipment has been Tenant’s responsibility during the term of this Lease) (damage by Acts of Godsame type, fire or normal wear color and tear excepted) wattage); together with all alterations, additions additions, and improvements (collectively “Alterations”) which may have been made made, in, to, or on the Premises after the Lease Commencement Date, except as referenced in Paragraph 7 (except movable Alterations and Additions), Tenant shall not be required to remove any Alterations that are not subject to restoration pursuant to Landlord’s written Consent to Alterations agreement executed by Tenant and Landlord. Tenant shall be responsible for repairing any damage caused by the installation and/or the removal of Tenant’s trade fixtures installed by Tenant or Tenant’s employees, agents or contractors. If requested by Tenant in writing at the expense of time Tenant submits its request for Alterations to Landlord, Landlord shall state in Landlord’s Consent to Alterations whether the requested Alterations can remain in the Premises and/or are subject to restoration by Tenant) except that . Tenant shall not be required to remove the initial Landlord Interior Improvements unless otherwise noted on the final Landlord Interior Improvements plans. For all other such Alterations, Tenant shall ascertain from Landlord within thirty sixty (3060) days before the end of the term Term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense. In the event Tenant is required to complete the restoration and said restoration is not completed prior to the Termination Date, provided Tenant acknowledges that Tenant shall enter into a Hold Over period pursuant to the terms of Paragraph 30 (Holding Over) and Tenant shall automatically be liable to Landlord for the monthly Hold Over Basic Rent and all other Additional Rent until said restoration is completed by Tenant. Prior to the Termination Date, as part of the surrender of Premises procedures, Landlord will have the non-Common Area Building systems inspected, at Tenant’s sole cost and expense, including, but not limited to the HVAC system and plumbing systems, and Tenant shall be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48all repairs noted on said inspection reports. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Tenant shall be responsible for repairing any damage caused by the installation and/or the removal of Tenant’s trade fixtures by Tenant or Tenant’s employees, agents or contractors. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence . Upon surrender of the Premises to Landlord, Tenant shall provide Landlord with keys for all exterior and interior locking doors and Tenant agrees to pay to Landlord the cost of Landlord re-keying all exterior doors (including mechanical rooms) and Tenant agrees to pay to Landlord the cost of Landlord rekeying all interior doors with locks to which Tenant is not able to provide Landlord keys. Tenant may install, and shall maintain, repair and replace as needed, at its agentssole cost and expense, servants(a) exterior security cameras (in locations on the Building to be approved by Landlord) with the requirement that Tenant remove said security cameras and related equipment by the Lease Termination Date and repair any and all damage related to the installation and/or removal of the security cameras and (b) a cardkey system located on the exterior of the Building to provide controlled access to its Premises, employeesand if Tenant installs a cardkey system, inviteesTenant shall also be responsible for the costs Landlord incurs in replacing the doors and/or door frames in which such cardkey system was installed and removing any and all equipment and wiring related thereto, or contractorsunless Landlord notifies Tenant in writing prior to the Lease Termination Date that Landlord wants the cardkey system to remain in the Premises, in which event the cardkey system shall remain on the Premises after the expiration of the Term and Tenant shall provide Landlord with the cardkeys and instructions for such system along with any other equipment that is necessary for the operation of said cardkey system. For example, if software and/or specialized computer systems are required to operate the cardkey system, Tenant shall leave the cardkey pads, the software (hard copies and assignment of the license at no cost to Landlord should Landlord so elect), the computer and the instructions thereto in place in the Premises. If the Premises are is not surrendered at the end of the term Term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term Term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction Multi Tenant/Single Parcel Page 10 of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.55 Initial: /S/ JA; RP; VP

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the Building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such Building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems within the non-common areas of the Premises serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been the Tenant’s responsibility during the term Term of this Lease) and repair; the plumbing and electrical systems and lighting within the non-common areas of the Premises in good order and repair, including replacement of any burned out or broken light bulbs or ballasts (damage by Acts and Tenant shall pay Landlord for Tenant’s Proportionate Share of Godthe cost to insure that all Common Area features and systems are in good operating condition and repair, fire including the lawn and shrubs (including the replacement of any dead or normal wear damaged plantings), the sidewalk, driveways and tear excepted) parking areas); together with all alterations, additions additions, and improvements (collectively “Alterations”) which may have been made made, in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term Term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then at Landlord’s option and in Landlord’s sole and absolute discretion, Tenant shall either (i) pay to Landlord a fee in an amount equal to (a) Landlord’s estimated cost to restore the Premises to the configuration and condition that existed when the Premises were delivered Tenant plus (b) an amount equal to the daily prorated Basic Rent due for the last month of the Term times the number of days Landlord estimates are required to complete said restoration or (ii) Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense. In the event Landlord requires Tenant to pay for the cost of the restoration, provided the fee shall be paid by Tenant to Landlord regardless of whether or not Landlord elects to restore all or part of said Premises. In the event Tenant is required to complete the restoration and said restoration is not completed prior to the Termination Date, Tenant acknowledges that Tenant shall enter into a Hold Over period pursuant to the terms of Lease Paragraph 30 (“Holding Over”) and Tenant shall automatically be liable to Landlord for the monthly Hold Over Basic Rent and all other Additional Rent until said restoration is completed by Tenant. Prior to the Termination Date, as part of the surrender of Premises procedures, Landlord will have the Building systems inspected, at Tenant’s sole cost and expense, including, but not limited to the HVAC system, plumbing systems and roof, and Tenant shall be held responsible for restoration its Proportionate Share (as reasonably determined by Landlord) of any Tenant Improvements made pursuant to Paragraph 48all repairs noted on said inspection reports. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence . Upon surrender of the Premises to Landlord, its agentsTenant shall provide Landlord with keys for all interior locking doors and Tenant agrees to pay to Landlord the cost of Landlord re-keying (i) all exterior doors (including mechanical rooms) and (ii) all interior doors with locks to which Tenant is not able to provide Landlord keys. If Tenant has installed a cardkey system, servants, employees, invitees, or contractorsTenant shall also be responsible for the costs Landlord incurs in replacing the doors and/or door frames in which such cardkey system was installed and removing any and all equipment and wiring related thereto. If the Premises are is not surrendered at the end of the term Term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term Term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction 7 of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.25 991719 v2/SF BUILDING: Marriott 12 PROPERTY: 01-0112 UNIT: 2 LEASE ID: 0112-BECE01-01

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy taking possession hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electricalrepair and accepts the Building, plumbingthe Premises and the Common Areas in their then existing condition and without representation or warranty by Landlord as to its condition, fire sprinklerthe use or occupancy which may be made thereof, lighting, water and gas systems, ceiling system, heating, ventilating and air condition systemsor the precise square footage of the Building or the Premises. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Subject to Paragraphs 26 and 27, Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except ); provided, however, that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease Term whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term Lease Term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Lease Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made consequential damages to Landlord caused, in whole or in part, by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Leasesubleases.

ACCEPTANCE AND SURRENDER OF PREMISES. Effective as of March 1, 2011 Lease Paragraph 5 (“Acceptance and Surrender of Premises”) shall be replaced with the following: Subject to Landlord’s completion of its obligations under Amendment No. 1, at its sole cost and expenseParagraph 7.A (“AS- IS Basis: Interior Improvements to be Constructed by Landlord”) above, shall deliver by entry hereunder, Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the Building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such Building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly paintedcleaned, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems exclusive to the Premises, if any, serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been the Tenant’s responsibility during the term Term of this Lease) and repair; the plumbing and electrical systems and lighting within the non-common areas of the Premises in good order and repair, including replacement of any burned out or broken light bulbs or ballasts (damage by Acts all lights and ballasts must be of Godthe same type, fire or normal wear color and tear excepted) wattage); together with all alterations, additions additions, and improvements (collectively “Alterations”) which may have been made made, in, to, or on the Premises, except as referenced in Lease Paragraph 6 (“Alterations and Additions”), Tenant shall not be required to remove any Alterations that are not subject to restoration pursuant to Landlord’s written Consent to Alterations agreement executed by Tenant and Landlord. Tenant shall be responsible for repairing any damage caused by the installation and/or the removal of Tenant’s trade fixtures by Tenant or Tenant’s employees, agents or contractors. For purposes of clarification, Landlord agrees that Tenant shall not be required to remove any Alterations that existed in the Premises (except movable trade fixtures installed at including the expense of TenantRelinquished Initial: JDK Premises) except that on March 1, 2010. For all other such Alterations, Tenant shall ascertain from Landlord within thirty (30) days before the end of the term Term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then at Tenant’s option, Tenant shall either (i) pay to Landlord a fee in an amount equal to (a) Landlord’s estimated cost to the average of two (2) estimates received by Landlord to perform such removal work required to restore the Premises to the configuration as shown on Exhibit B attached hereto that existed on March 1, 2010 after bidding such work to at least two (2) contractors; however Landlord shall not obtain the estimates until Tenant has notified Landlord that it wants to pay the fee versus doing the work itself, or (ii) Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense. In the event Tenant elects to pay for the cost of the restoration, provided the fee shall be paid by Tenant to Landlord regardless of whether or not Landlord elects to restore all or part of said Premises. In the event Tenant is required to complete the restoration and said restoration is not completed prior to the Termination Date, Tenant acknowledges that Tenant shall not be held responsible for restoration of any Tenant Improvements made enter into a Hold Over period pursuant to the terms of Lease Paragraph 4825 (“Holding Over”) and Tenant shall automatically be liable to Landlord for the monthly Hold Over Basic Rent and all other Additional Rent until said restoration is completed by Tenant. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence . Upon surrender of the Premises to Landlord, its agents, servants, employees, invitees, or contractorsTenant shall provide Landlord with keys for all exterior and interior locking doors (including mechanical rooms). If the Premises are is not surrendered at the end of the term Term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term Term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and at the option of Landlord shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.,

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this the Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expenseTenant accepts the Premises, shall deliver the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as in the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably reasonably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, maimed or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning airconditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair; including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk; driveways and parking areas in good order, fire or normal wear condition and tear excepted) repair; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, . Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been the Tenant’s responsibility during the term Term of this Lease) (damage by Acts and repair; the plumbing and electrical systems and lighting in good order and repair, including replacement of Godany burned out or broken light bulbs or ballasts; the lawn and shrubs in good condition including the replacement of any dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made made, in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term Term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term Term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term Term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. Subject to Landlord’s obligations under Paragraph 9.A (“AS-IS Basis: Leased on “As-Is” Basis”) and completion of its obligations under Paragraph 9.B (“AS-IS Basis: Tenant Improvements to be Constructed by Landlord”), at its sole cost and expenseby entry hereunder, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the Building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such Building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems within the non-common areas of the Premises serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been the Tenant’s responsibility during the term Term of this Lease) and repair; the plumbing and electrical systems and lighting within the non-common areas of the Premises in good order and repair, including replacement of any burned out or broken light bulbs or ballasts (damage by Acts all lights and ballasts must be of Godthe same type, fire color and wattage) (and Tenant shall pay Landlord for Tenant’s Proportionate Share of the cost to insure that all Common Area features and systems are in good operating condition and repair, including the lawn and shrubs (including the replacement of any dead or normal wear damaged plantings), the sidewalk, driveways and tear excepted) parking areas); together with all alterations, additions additions, and improvements (collectively “Alterations”) which may have been made made, in, to, or on the Premises Premises, except as referenced in Paragraph 10 (except movable “Alterations and Additions”), Tenant shall not be required to remove those Alterations, if any, that are not subject to restoration pursuant to Landlord’s written Consent to Alterations agreement as executed by Tenant and Landlord. Tenant shall be responsible for repairing any damage caused by the installation and/or the removal of Tenant’s trade fixtures installed at the expense of by Tenant or Tenant) except that ’s employees, agents or contractors. For all other such Alterations, Tenant shall ascertain from Landlord within thirty (30) days before the end of the term Term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then at Landlord’s option and in Landlord’s sole and absolute discretion, Tenant shall either (i) pay to Landlord a fee in an amount equal to (a) Landlord’s estimated cost to restore the Premises to the configuration and condition that existed when the Premises were delivered Tenant plus (b) an amount equal to the daily prorated Basic Rent due for the last month of the Lease Term times the number of days Landlord estimates are required to complete said restoration or (ii) Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense. In the event Landlord requires Tenant to pay for the cost of the restoration, provided the fee shall be paid by Tenant to Landlord regardless of whether or not Landlord elects to restore all or part of said Premises. In the event Tenant is required to complete the restoration and said restoration is not completed prior to the Lease Termination Date, Tenant acknowledges that Tenant shall enter into a Hold Over period pursuant to the terms of Lease Paragraph 30 (“Holding Over”) and Tenant shall automatically be liable to Landlord for the monthly Hold Over Basic Rent and all other Additional Rent until said restoration is completed by Tenant. Prior to the Lease Termination Date, as part of the surrender of Premises procedures, Landlord will have the Building systems inspected, at Tenant’s sole cost and expense, including, but not limited to the HVAC system, plumbing systems and roof, and Tenant shall be held responsible for restoration its Proportionate Share (as reasonably determined by Landlord) of any Tenant Improvements made pursuant to Paragraph 48all repairs noted on said inspection reports. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence . Upon surrender of the Premises to Landlord, its agentsTenant shall provide Landlord with keys for all interior locking doors and Tenant agrees to pay to Landlord the cost of Landlord re-keying (i) all exterior doors (including mechanical rooms) and (ii) all interior doors with locks to which Tenant is not able to provide Landlord keys. If Tenant has installed a cardkey system, servantsTenant shall also be responsible for the costs Landlord incurs in replacing the doors and/or door frames in which such cardkey system was installed and removing any and all equipment and wiring related thereto, employeesunless Landlord notifies Tenant in writing prior to the Lease Termination Date that Landlord wants the cardkey system to remain in the Premises, inviteesin which event the cardkey system shall remain on the Premises after the expiration of the Term and Tenant shall provide Landlord with the cardkeys and instructions for such system along with any other equipment that is necessary for the operation of said cardkey system. For example, or contractorsif software and/or specialized computer systems are required to operate the cardkey system, Tenant shall leave the cardkey pads, the software (hard copies and assignment of the license at no cost to Landlord should Landlord so elect), the computer and the instructions thereto in place in the Premises. If the Premises are is not surrendered at the end of the term Term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term Term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder and subject to Tenant’s “punch list” rights as stated in Paragraph 6.C (“As-Is Basis: Punch List”), at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the Building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such Building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly paintedcleaned, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems within the non-common areas of the Premises serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting within the non-common areas of such equipment has been Tenant’s responsibility during the term Premises in good order and repair, including replacement of this Lease) (damage by Acts of God, fire any burned out or normal wear and tear excepted) broken light bulbs or ballasts; together with all alterations, additions additions, and improvements (collectively “Alterations”) which may have been made made, in, to, or on the Premises (except movable moveable trade fixtures installed at and paid for by Tenant; however, Tenant shall be responsible for repairing any damage caused by the expense installation and/or the removal of Tenantsaid items) except as referenced in Paragraph 7 (“Alterations and Additions”), Tenant shall not be required to remove those Alterations, if any, that are not subject to restoration pursuant to Landlord’s written Consent to Alterations agreement to be executed by Tenant and Landlord for each request from Tenant to make Alterations to the Premises. For all other such Alterations, Tenant shall ascertain from Landlord within thirty (30) days before the end of the term Term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then at Landlord’s option and in Landlord’s sole and absolute discretion, Tenant shall either (i) pay to Landlord a fee in an amount equal to (a) Landlord’s estimated cost to restore the Premises to the configuration and condition that existed when the Premises were delivered Tenant plus (b) subject to Paragraph 30 (“Holding Over”), an amount equal to the daily prorated Basic Rent due for the last month of the Term times the number of days Landlord estimates are required to complete said restoration or (ii) Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense. In the event Landlord requires Tenant to pay for the cost of the restoration, provided the fee shall be paid by Tenant to Landlord regardless of whether or not Landlord elects to restore all or part of said Premises. In the event Landlord does not elect to be paid for such work and Tenant is required to complete the restoration and said restoration is not completed prior to the Termination Date, Tenant acknowledges that Tenant shall enter into a Hold Over period pursuant to the terms of Lease Paragraph 30 (“Holding Over”) and Tenant shall automatically be liable to Landlord for the monthly Hold Over Basic Rent and all other Additional Rent until said restoration is completed by Tenant. In addition to Tenant’s surrender obligations within the non-Common Areas of the Premises, Tenant shall pay Landlord for Tenant’s Proportionate Share of the cost to insure that all Common Area features and systems are in good operating condition and repair, including the lawn and shrubs (including the replacement of any dead or damaged plantings), the sidewalk, driveways and parking areas. Prior to the Termination Date, as part of the surrender of Premises procedures, Landlord will have the Building systems inspected that serve the Premises, at Tenant’s sole cost and expense, including, but not limited to the HVAC system, plumbing systems and roof membrane (and the roof structure pursuant to Lease Paragraph 11.C (“Structural Maintenance”), and Tenant shall be held responsible for restoration its Proportionate Share (as reasonably determined by Landlord) of any Tenant Improvements made pursuant to Paragraph 48all repairs noted on said inspection reports. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord Initial: MMK BUILDING: 1098 Alta PROPERTY: 1-0001 UNIT: 1 LEASE ID: 0001-SONI01-01 without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost. Upon surrender of the Premises to Landlord, Tenant shall provide Landlord with keys for all interior locking doors and Tenant agrees to pay to Landlord the cost of Landlord re-keying (i) all exterior doors (including mechanical rooms) and (ii) all interior doors with locks to which Tenant is not able to provide Landlord keys (provided that Landlord provided keys to Tenant for said interior doors upon Lease commencement). Tenant may utilize any existing security system located within the Premises, and Tenant shall not be required to remove any such damage existing equipment or related wiring. If Tenant has installed a cardkey system (which installation is subject to Landlord’s Consent pursuant to Paragraph 7 (“Alterations and Additions”), Tenant shall also be responsible for the costs Landlord incurs in replacing the doors and/or door frames in which such cardkey system was not caused by negligence installed and removing any and all equipment and wiring related thereto unless Landlord notifies Tenant in writing prior to the Lease Termination Date that Landlord wants the cardkey system to remain in the Premises, in which event the cardkey system shall remain on the Premises after the expiration of Landlordthe Term and Tenant will provide Landlord with the cardkeys and instructions for such system along with any other equipment that is necessary for the operation of said cardkey system. For example, its agentsif software and/or specialized computer systems are required to operate the cardkey system, servantsTenant shall leave the cardkey pads, employeesthe software (hard copies and assignment of the license to Landlord should Landlord so elect), invitees, or contractorsthe computer and the instructions thereto in place in the Premises. If the Premises are is not surrendered at the end of the term Term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term Term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expensesubject to ------------------------------------ the supplemental letter agreement between Landlord and Tenant dated July 21, shall deliver 1998. Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and merger, and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been the Tenant’s 's responsibility during the term Term of this Lease) (damage by Acts and repair; the plumbing and electrical systems and lighting in good order and repair, including replacement of Godany burned out or broken light bulbs or ballasts; the lawn and shrubs in good condition including the replacement of any dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made made, in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term Term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term Term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term Term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work Multi Tenant/Complex Initial:____________ BUILDING: Westport 5 PROPERTY: 30-0105 UNIT: 3 LEASE ID: 0105-GUPT01-01 as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. Subject to Landlord’s completion of its obligations under Paragraph 6.B (“As-Is” Basis: Tenant Improvements to be Constructed by Landlord), at its sole cost and expenseby entry hereunder, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair Multi Tenant/Single Parcel Page 7 of 43 BUILDING: Ardenwood I-4 PROPERTY: 1-0514 UNIT: 1 LEASE ID: 0514-WAFE01-01 and gas systems, ceiling system, heating, ventilating accepts the Building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such Building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooedshampooed and all damage carpeted areas repaired and/or replaced (if the repairs are evident or do not match the existing carpet, Tenant will be required to replace the entire carpeted area); all broken, marred or nonconforming acoustical ceiling tiles replaced; all interior windows washed; all lighting fixtures, interior doors, switch plates and blinds cleaned; the server room air conditioning and heating equipment systems within the non-common areas of the Premises serviced by a reputable and licensed service firm and in good operating condition and repair; the plumbing and electrical systems and lighting within the non-common areas of the Premises in good order and repair, including replacement of any burned out or broken light bulbs or ballasts (provided all lights and ballasts must be of the maintenance of such equipment has been Tenant’s responsibility during the term of this Lease) (damage by Acts of Godsame type, fire or normal wear color and tear excepted) wattage); together with all alterations, additions additions, and improvements (collectively “Alterations”) which may have been made made, in, to, or on the Premises Premises, except as referenced in Paragraph 7 (except movable Alterations and Additions), Tenant shall not be required to remove any Alterations that are not subject to restoration pursuant to Landlord’s written Consent to Alterations agreement executed by Tenant and Landlord. Tenant shall be responsible for repairing any damage caused by the installation and/or the removal of Tenant’s trade fixtures installed at the expense of and/or Alterations by Tenant or Tenant) except that ’s employees, agents or contractors. For all other such Alterations, Tenant shall ascertain from Landlord within thirty (30) days before the end of the term Term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then at Landlord’s option and in Landlord’s sole and absolute discretion, Tenant shall either (i) pay to Landlord a fee in an amount equal to (a) Landlord’s estimated cost to restore the Premises to the configuration and condition that existed when the Premises were delivered Tenant plus (b) an amount equal to the daily prorated Basic Rent due for the last month of the Term times the number of days Landlord estimates are required to complete said restoration or (ii) Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense. In the event Landlord requires Tenant to pay for the cost of the restoration, provided the restoration fee shall be paid by Tenant to Landlord regardless of whether or not Landlord elects to restore all or part of said Premises. In the event Tenant is required to complete the restoration and said restoration is not completed prior to the Termination Date, Tenant acknowledges that Tenant shall enter into a Hold Over period pursuant to the terms of Paragraph 30 (Holding Over) and Tenant shall automatically be liable to Landlord for the monthly Hold Over Basic Rent and all other Additional Rent until said restoration is completed by Tenant. In addition to Tenant’s surrender obligations within the non-Common Areas of the Premises, Tenant shall pay Landlord for Tenant’s Proportionate Share of the cost to insure that all Common Area features and systems are in good operating condition and repair, including the lawn and shrubs (including the replacement of any dead or damaged plantings), the sidewalk, driveways and parking areas. Prior to the Termination Date, as part of the surrender of Premises procedures, Landlord will have the Building systems inspected, at Tenant’s sole cost and expense, including, but not limited to the HVAC system, plumbing systems and roof, and Tenant shall be held responsible for restoration its Proportionate Share (as reasonably determined by Landlord) of any Tenant Improvements made pursuant to Paragraph 48all repairs noted on said inspection reports. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence . Upon surrender of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not surrendered at the end of the term or sooner termination of this Leaseto Landlord, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension Multi Tenant/Single Parcel Page 8 of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and at the option of Landlord shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.43 BUILDING: Ardenwood I-4 PROPERTY: 1-0514

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by landlord as to the conditions of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning airconditioning and heating equipment serviced service by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear exceptedlease) together with all alterations, additions additions, and improvements Improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not be no surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term terms hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease lease or the Premises by Tenant or a mutual cancellation condition of this Lease lease shall not work as a merger and and, at the option of Landlord landlord, shall either terminate all or any existing subleases sublease or subtenancies or operate as an assignment to Landlord landlord of all or any such subleases and sublease or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordSubject to Paragraph 53 and by entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts Act of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning airconditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims claim made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the Building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such Building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems within the non-common areas of the Premises serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been the Tenant’s 's responsibility during the term Term of this Lease) and repair; the plumbing and electrical systems and lighting within the non-common areas of the Premises in good order and repair, including replacement of any burned out or broken light bulbs or ballasts (damage by Acts and Tenant shall pay Landlord for Tenant's Proportionate Share of Godthe cost to insure that all Common Area features and systems are in good operating condition and repair, fire including the lawn and shrubs (including the replacement of any dead or normal wear damaged plantings), the sidewalk, driveways and tear excepted) parking areas); together with all alterations, additions additions, and improvements which may have been made made, in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term Term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall either (i) pay to Initial:________ Multi Tenant/Complex Page 7 of 27 BUILDING: Wesport 17 PROPERTY: 30-0017 UNIT: 4 LEASE ID: 0117-FVCC01-01 Landlord a fee in an amount equal to (a) Landlord's estimated cost to restore the Premises to the configuration and condition that existed when the Premises were delivered Tenant plus (b) an amount equal to the daily prorated Basic Rent due for the last month of the Lease Term times the number of days Landlord estimates are required to complete said restoration or (ii) Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense. In the event Landlord requires Tenant to pay for the cost of the restoration, the fee shall be paid by Tenant to Landlord regardless of whether or not Landlord elects to restore all or part of said Premises. In the event Tenant is required to complete the restoration and said restoration is not completed prior to the Lease Termination Date, Tenant acknowledges that Tenant shall enter into a Hold Over period pursuant to the terms of Lease Paragraph 30 ("Holding Over") and Tenant shall automatically be liable to Landlord for the monthly Hold Over Basic Rent and all other Additional Rent until said restoration is completed by Tenant. Prior to the Lease Termination Date, as part of the surrender of Premises procedures, Landlord will have the Building systems inspected, at Tenant's sole cost and expense, provided that including, but not limited to the HVAC system, plumbing systems and roof, and Tenant shall not be held responsible for restoration its Proportionate Share (as reasonably determined by Landlord) of any Tenant Improvements made pursuant to Paragraph 48all repairs noted on said inspection reports. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term Term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term Term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. Landlord, at its sole cost and expense, shall deliver Be entry hereunder Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use of occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, term or on the sooner termination of this Lease, to . To surrender the Premises promptly and peaceably ocaceably to Landlord in good condition and repair (damage by Acts of God, fire or and other causes for which Tenant does not have the obligation to repair under the other provisions of this Lease, and normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repainted, and repaired and or replaced, if damaged; and all floors cleaned and waxedwaved; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling files replaced; all windows washed; the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or ballast; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense. Notwithstanding the above, provided that Tenant shall not be held responsible for restoration of any required to remove such interior improvements shown on Exhibit B to this Lease. Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade trace fixtures from the Premises, and all property not so removed on or before on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, . Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant successful Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over given by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and at and. all the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies subleases or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordExcept as otherwise expressly provided herein, at its sole cost and expenseby entry hereunder, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the Buildings and air improvements included in the Premises in their present condition systems. Any exceptions and without representation or warranty by Landlord as to the foregoing must condition of the Buildings or as to the use or occupancy which may be by written agreement executed by made thereof. Except as otherwise expressly provided for herein, Landlord and Tenantshall not be responsible for any tenant improvements to the Premises of any kind or nature whatsoever. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage damages by Acts acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired all holes in the walls repaired, patched and replacedrepainted, if damaged; and all floors cleaned and waxed; , all carpets cleaned and shampooed; shampooed and replaced to the server room air conditioning extent of excessive wear through failure to use carpet shields, all broken, damaged, stained or nonconforming ceiling xxxxx replaced. The HVAC System and heating equipment serviced by roof membrane shall be in good condition and repair. Landlord shall have the right, at its expense, to retain a reputable qualified and licensed service firm roof and HVAC contractor to perform an inspection thereof and do an inventory of all components thereof which need repair or replacement. Tenant shall perform all such repair and replacement reasonably designated by such contractor. All plumbing, electrical and lighting systems, both interior and exterior shall be in good operating condition (provided the maintenance of such equipment has been Tenant’s responsibility during the repair and condition. Tenant shall remove all monument and other signs and repair any damage caused thereby. The term of this Lease) (damage by Acts of God, fire or "normal wear and tear excepted) together with all tear" shall be deemed to exclude items of neglected or deferred maintenance. All alterations, additions additions, and improvements which may have been made in, to, or on the Premises by Tenant (except movable trade fixtures installed at the expense of Tenant) shall be surrendered in good condition and repair, except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the Lease term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as existing when the Premises were delivered to Tenant Tenant, and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof to their condition existing before the end of this Lease term, at Tenant’s 's sole cost and expensecost, provided except, however, that Tenant shall Tenant's obligation to restore if elected by Landlord does not be held responsible for restoration include the removal of any the Tenant Improvements made pursuant to outlined in Paragraph 4840. Tenant, on On or before the end of the Lease term or sooner termination of this Lease, Tenant shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon Upon termination of this Lease, Landlord may remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and at the option of Landlord shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Leaseremoval.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition and repair; the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts; the lawn and shrubs in good condition including the replacement of any dead or damaged plantings; the sidewalk, driveways and parking areas in good order, condition and repair (provided said landscaping, sidewalks, driveways and parking areas are considered Common Areas of the maintenance Parcel and shall be maintained by Landlord throughout the Term of such equipment has been Tenant’s responsibility the Lease; however Tenant shall be responsible for its proportionate share of any maintenance, repairs, and/or replacements which are completed during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) Lease Term); together with all alterations, additions additions, and improvements which may have been made made, in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term Term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence . Upon surrender of the Premises to Landlord, its agentsTenant shall provide Landlord with keys for all interior locking doors and Tenant agrees to pay to Landlord the cost of Landlord re-keying (i) all exterior doors (including mechanical rooms) and (ii) all interior doors with locks to which Tenant is not able to provide Landlord keys. If Tenant has installed a cardkey system, servants, employees, invitees, or contractorsTenant shall also be responsible for the costs Landlord incurs in replacing the doors and/or door frames in which such cardkey system was installed and removing any and all equipment and wiring related thereto. If the Premises are be not surrendered at the end of the term Term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term Term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease."

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components premises as being in good and sanitary order, conditions and repair and accepts the building and improvements included in the Premises in their present condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water and gas systems, ceiling system, heating, ventilating and air without representation or warranty by Landlord as to the condition systemsof such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed, all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed, the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty ninety (3090) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable movable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.See Paragraph 52

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy taking possession hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary, condition and good working order including all electricalrepair and accepts the Building, plumbingthe Premises and the Common Areas in their then existing condition and without representation or warranty by Landlord as to its condition, fire sprinklerthe use or occupancy which may be made thereof, lighting, water and gas systems, ceiling system, heating, ventilating and air condition systemsor the precise square footage of the Building or the Premises. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Subject to Paragraphs 26 and 27, Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or normal wear and tear exceptedexcepted in broom clean condition), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except ); provided, however, that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease Term whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term Lease Term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Lease Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and at the option of Landlord shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.,

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordSubject to Paragraph 41 and by entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning airconditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord the Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordSubject to the provisions of Paragraph 17 below, at its sole cost and expenseby entry hereunder, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, replaced if damaged; damaged beyond normal wear and all floors cleaned and waxed; all carpets cleaned and shampooedtear; the server room air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) ), except that Landlord shall inform Tenant shall ascertain from in writing at the time Landlord within thirty (30) days before approves Tenant's plans and specifications for the end of initial leasehold improvements, and upon Tenant's written request, at the term of this Lease time Tenant makes any other alterations or improvements to the Premises, whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant, subject to applicable laws. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordSubject to Paragraphs 11 (“Expenses of Operation, at its sole cost Management, and expenseMaintenance of the Common Areas of the Parcel and Building in Which the Premises are Located”) and 19B (“Compliance”), shall deliver and by entry hereunder, Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made made, in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term Term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence . Upon surrender of the Premises to Landlord, its agentsTenant shall provide Landlord with keys for all interior locking doors and Tenant agrees to pay to Landlord the cost of Landlord re-keying (i) all exterior doors (including mechanical rooms) and (ii) all interior doors with locks to which Tenant is not able to provide Landlord keys. If Tenant has installed a cardkey system, servants, employees, invitees, or contractorsTenant shall also be responsible for the costs Landlord incurs in replacing the doors and/or door frames in which such cardkey system was installed and removing any and all equipment and wiring related thereto. If the Premises are be not surrendered at the end of the term Term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term Term hereof or as a consent of Landlord to any Multi Tenant/Single Parcel Page 5 of 23 Initial: BUILDING: West Bayshore PROPERTY: 40-0002 UNIT: 2 LEASE ID: 0002-OPTI01-01 holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordSubject to Paragraph 41, at its sole cost and expenseby entry hereunder, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electricalrepair and accepts the building and improvements (as shown on Exhibit B1), plumbing, fire sprinkler, lighting, water included in the Premises in their present condition and gas systems, ceiling system, heating, ventilating and air without representation or warranty by Landlord as to the condition systemsof such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire,normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning airconditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to At the Tenant Improvements provided for in Xxxxxxxxx 00Commencement of the Lease, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant all known roof leaks shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Leasehave been repaired at Landlord's expense.

ACCEPTANCE AND SURRENDER OF PREMISES. Subject to Landlord’s obligations under Paragraph 6.A (“AS-IS Basis: Leased on “As-Is” Basis”) and completion of its obligations under Paragraph 6.B (“AS-IS Basis: Tenant Improvements to be Constructed by Landlord”), at its sole cost and expenseby entry hereunder, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the Building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such Building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly paintedcleaned, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems within the non-common areas of the Premises serviced by a reputable and licensed service firm and in good operating condition and repair; the plumbing and electrical systems and lighting within the non-common areas of the Premises in good order and repair, including replacement of any burned out or broken light bulbs or ballasts (provided all lights and ballasts must be of the maintenance of such equipment has been Tenant’s responsibility during the term of this Lease) (damage by Acts of Godsame type, fire or normal wear color and tear excepted) wattage); together with all alterations, additions additions, and improvements (collectively “Alterations”) which may have been made made, in, to, or on the Premises Premises, except as referenced in Paragraph 7 (except movable “Alterations and Additions”), Tenant shall not be required to remove any Alterations that are not subject to restoration pursuant to Landlord’s written Consent to Alterations agreement executed by Tenant and Landlord. Tenant shall be responsible for repairing any damage caused by the installation and/or the removal of Tenant’s trade fixtures installed at the expense of by Tenant or Tenant) except that ’s employees, agents or contractors. For all other such Alterations, Tenant shall ascertain from Landlord within thirty (30) days before the end of the term Term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then at Landlord’s option and in Landlord’s sole and absolute discretion, Tenant shall either (i) pay to Landlord a fee in an amount equal to Landlord’s estimated cost to restore the Premises to the configuration and condition that existed when the Premises were delivered Tenant or (ii) Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense. In the event Landlord requires Tenant to pay for the cost of the restoration, provided the fee shall be paid by Tenant to Landlord regardless of whether or not Landlord elects to restore all or part of said Premises. In the event Tenant is required to complete the restoration and said restoration is not completed prior to the Termination Date, Tenant acknowledges that Tenant shall enter into a Hold Over period pursuant to the terms of Lease Paragraph 30 (“Holding Over”) and Tenant shall automatically be liable to Landlord for the monthly Hold Over Basic Rent and all other Additional Rent until said restoration is completed by Tenant. In addition to Tenant’s surrender obligations within the non-Common Areas of the Premises, Tenant shall pay Landlord for Tenant’s Proportionate Share of the cost to insure that all Common Area features and systems are in good operating condition and repair, including the lawn and shrubs (including the replacement of any dead or damaged plantings), the sidewalk, driveways and parking areas. Prior to the Termination Date, as part of the surrender of Premises procedures, Landlord will have the Building systems inspected, at Tenant’s sole cost and expense, including, but not limited to the HVAC system, plumbing systems and roof, and Tenant shall be held responsible for restoration its Proportionate Share (as reasonably determined by Landlord) of any Tenant Improvements made pursuant to Paragraph 48all repairs noted on said inspection reports. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence . Upon surrender of the Premises to Landlord, its agentsTenant shall provide Landlord with keys for all interior locking doors and Tenant agrees to pay to Landlord the cost of Landlord re-keying (i) all exterior doors (including mechanical rooms) and (ii) all interior doors with locks to which Tenant is not able to provide Landlord keys. If Tenant has installed a cardkey system, servantsTenant shall also be responsible for the costs Landlord incurs in replacing the doors and/or door frames in which such cardkey system was installed and removing any and all equipment and wiring related thereto, employeesunless Landlord notifies Tenant in writing prior to the Lease Termination Date that Landlord wants the BUILDING: Potrero 1 PROPERTY: 01-0034 UNIT: 1 LEASE ID: 0034-RUCK01-01 cardkey system to remain in the Premises, inviteesin which event the cardkey system shall remain on the Premises after the expiration of the Term and Tenant shall provide Landlord with the cardkeys and instructions for such system along with any other equipment that is necessary for the operation of said cardkey system. For example, or contractorsif software and/or specialized computer systems are required to operate the cardkey system, Tenant shall leave the cardkey pads, the software (hard copies and assignment of the license at no cost to Landlord should Landlord so elect), the computer and the instructions thereto in place in the Premises. If the Premises are is not surrendered at the end of the term Term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term Term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and , all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air air-conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole 's solo cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over over, by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming accoustical ceiling tiles replaced; all windows washed; the server room air conditioning airconditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveway and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease lease whether Landlord desires to have the Premises or any part or parts thereof therefore restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of the term of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry therein, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the Building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such Premises or Building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be made by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or and normal wear and tear excepted), with including without limitation: all interior walls painted, freshly painted (or cleaned so that they appear freshly painted, and repaired and replaced, if damaged); and all tile floors cleaned and waxed; , all carpets cleaned and shampooedshampooed with stains removed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; all windows washed inside and out, the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and firm, left in good operating condition (provided and repair as so certified to by such firm: the maintenance of such equipment has been Tenant’s responsibility during the term of this Lease) (damage by Acts of Godplumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out, discolored or normal wear broken light bulbs, ballasts or lenses; the lawn, shrubs and tear excepted) trees in good condition including the replacement of any dead or damaged plantings; the sidewalk, driveways and parking areas in good order, condition and repair, any damaged surface or other portion having been repaired or replaced; together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except ), provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts part(s) thereof restored to their original condition and configuration as when the Premises were was delivered to Tenant Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part or parts part(s) thereof before prior to the end termination of this Lease at Tenant’s sole cost and expense, provided that . Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenantshall, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove remove, store, retain and/or sell all moveable furniture personal property and equipment trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. Nothing contained herein No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be construed as deemed to be or constitute an extension acceptance of the term hereof or as surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a consent written acknowledgment of Landlord to any holding over acceptance of surrender signed by TenantLandlord. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment or adornment to Landlord of all or any such subleases and subtenanciesas Landlord may elect to retain. Subject to After the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations expiration or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy taking possession hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electricalrepair and accepts the Building, plumbingthe Premises and the Common Areas in their then existing condition and without representation or warranty by Landlord as to its condition, fire sprinklerthe use or occupancy which may be made thereof, lightingor the precise square footage of the Building or the Premises, water and gas systems, ceiling system, heating, ventilating and air condition systemsexcept as may be expressly provided herein to the contrary. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Subject to Paragraphs 26 and 27, Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replacedrepaired, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except ); provided, however, that Tenant shall ascertain from if Landlord within thirty (30) days before has conditioned its consent to any alterations during the end Term upon such alterations removed at the expiration of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desireTerm, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the Term through the end of the term time reasonably required for such removal. Landlord shall also have the right to retain or sooner termination dispose of this Lease, shall remove all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after Tenant’s personal 's receipt of written notice from Landlord (in which event title to all such property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease described in Landlord's notice shall be deemed abandoned by Tenant transferred to and title to same shall thereupon pass to Landlord without compensation to Tenantvest in Landlord). Landlord may, upon termination of this Lease, remove removed all moveable movable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises Premises, including, without limitation, any claims made consequential damages to Landlord forseeably caused by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Leasesubleases.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming accoustical ceiling tiles replaced; all windows washed; the server room air conditioning airconditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided and repair; the maintenance plumbing and electrical systems and lighting in good order and repair, including replacement of such equipment has been Tenant’s responsibility during any burned out or broken light bulbs or ballasts; the term lawn and shrubs in good condition including the replacement of this Lease) (damage by Acts of Godany dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made in, in to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty ninety (3090) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, may upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If It the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.See Paragraph 51

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electricalrepair and accepts the Building and Improvements included in the Premises in their present condition and without representation or warranty by landlord as to the condition of such Building, plumbingthe use or occupancy which may be made thereof, fire sprinkler, lighting, water and gas systems, ceiling system, heating, ventilating and air condition systemsor the precise square footage of the Building or the Premises. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, and normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except ); provided, however, that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon may [ILLEGIBLE] termination of this Lease, remove all moveable [ILLEGIBLE] furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, [ILLEGIBLE] and repair any damage caused by such removal of wall-mounted furniture and equipment [ILLEGIBLE] at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant tenant in so surrendering the Premises including, without limitation, any claims made by any an succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordBy entry hereunder, at its sole cost and expense, shall deliver Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present condition systemsand without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; the server room air conditioning and heating equipment serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been Tenant’s 's responsibility during the term of this Lease) (damage by Acts of God, fire or normal wear and tear excepted) together with all alterations, additions additions, and improvements which may have been made in, to, or on the Premises (except movable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.

ACCEPTANCE AND SURRENDER OF PREMISES. LandlordSubject to Paragraphs 9, at its sole cost 11 and expense------------------------------------ 19.B, shall deliver and by entry hereunder, Tenant accepts the leased Premises with all building systems and components as being in good and sanitary order, condition and good working order including all electrical, plumbing, fire sprinkler, lighting, water repair and gas systems, ceiling system, heating, ventilating accepts the building and air improvements included in the Premises in their present-condition systemsInitial: /s/ [ILLEGIBLE] ---------------- Multi Tenant/Complex Page 6 of 25 BUILDING: Milpitas 10 PROPERTY: 1-0210 UNIT: 2 LEASE ID: 0210-OPTI01-01 and without representation or warranty by Landlord as to the condition of such building or as to the use or occupancy which may be made thereof. Any exceptions to the foregoing must be by written agreement executed by Landlord and Tenant. Tenant agrees on the last day of the Lease termTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God, fire or fire, normal wear and tear excepted), with all interior walls painted, or cleaned so that they appear freshly painted, and repaired and or replaced, if damaged; and all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all windows washed; the server room air conditioning and heating equipment systems serviced by a reputable and licensed service firm and in good operating condition (provided the maintenance of such equipment has been the Tenant’s 's responsibility during the term Term of this Lease) (damage by Acts and repair; the plumbing and electrical systems and lighting in good order and repair, including replacement of Godany burned out or broken light bulbs or ballasts; the lawn and shrubs in good condition including the replacement of any dead or damaged plantings; the sidewalk, fire or normal wear driveways and tear excepted) parking areas in good order, condition and repair; together with all alterations, additions additions, and improvements which may have been made made, in, to, or on the Premises (except movable moveable trade fixtures installed at the expense of Tenant) except that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term Term of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition and configuration as when the Premises were delivered to Tenant and if Landlord shall so desire, then Tenant shall restore said Premises or such part or parts thereof before the end of this Lease at Tenant’s 's sole cost and expense, provided that Tenant shall not be held responsible for restoration of any Tenant Improvements made pursuant to Paragraph 48. Tenant, on or before the end of the term Term or sooner termination of this Lease, shall remove all of Tenant’s 's personal property and trade fixtures from the Premises, and all property not so removed on or before the end of the term Term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove all moveable furniture and equipment so abandoned by Tenant, at Tenant’s 's sole cost, and repair any damage caused by such removal of wall-mounted furniture and equipment at Tenant’s 's sole cost, provided that such damage was not caused by negligence of Landlord, its agents, servants, employees, invitees, or contractors. If the Premises are be not surrendered at the end of the term Term or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay. Nothing contained herein shall be construed as an extension of the term Term hereof or as a consent of Landlord to any holding over by Tenant. The voluntary or other surrender of this Lease or the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger and and, at the option of Landlord Landlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases and or subtenancies. Subject to the Tenant Improvements provided for in Xxxxxxxxx 00, Xxxxxx agrees to lease the Premises in their “AS IS” condition, and the construction of any alterations or improvements by Tenant shall not delay the Lease commencement date nor the obligation to pay Rent under the terms of this Lease.