Common use of Surrender; Holdover Clause in Contracts

Surrender; Holdover. On expiration or early termination of this Lease (“surrender”), Tenant shall deliver all keys to Landlord and surrender the Property free of debris and the interior hallways and rooms of the Building vacuumed and/or swept. With respect to any damage to the Property that is the repair responsibility of Tenant under this Lease and that occurs during the last three months prior to expiration or early termination of this Lease or results from removal of any Tenant Alterations, Tenant’s repair responsibility shall, notwithstanding any other provision of this Lease, be limited to patching such damage (i.e., patching holes and cracks) and Tenant shall not be required to do any finish work as part of such repairs. Upon surrender ,Tenant shall not be required to return the Property to “good condition,” and shall not be required to mend any carpet tears or replace any carpet, provided that Tenant shall replace any broken glass. Tenant may, in its sole discretion but subject to any right of Landlord under this lease to demand removal of property by ▇▇▇▇▇▇, remove or leave any personal property located on the Property as of the date of expiration or early termination of the Lease, provided that Tenant shall remove any unattached personal property that is not normally used in the hotel industry unless the Parties mutually agree in writing to leave the same at the Property; Tenant shall have fifteen (15) days after expiration or early termination of this Lease within which to complete any removal of property authorized or required under this Lease. The Parties acknowledge that in lieu of any obligation on Tenant’s part to surrender the Property in good condition less wear and tear (including in lieu of any obligation on Tenant’s part to do any finish work during or after the last three months prior to expiration or early termination of this Lease), and in lieu of any obligation on Tenant’s part to surrender all or any part of the Property “furnished” for hotel use or otherwise, and in lieu of any obligation on Tenant’s part to restore all or any part of the Property to any pre-Lease, Commencement Date, or other condition or to reconfigure the Property back to any pre-Lease, Commencement Date, or other reconfiguration, Tenant shall, on expiration or early termination of this Lease, pay to Landlord a restoration fee in the amount of $156,000.00 (“Restoration Fee”) to be applied: (a) towards any finish work needed to return the Property to good condition, (b) towards the re-furnishing of the Property, (c) towards the removal of any property left by Tenant in accordance with this Lease, or (d) in any other manner determined by Landlord in its sole discretion; provided that, if Tenant exercises Tenant’s Termination Right, the Restoration Fee shall be reduced to $100,000. If Tenant fails to vacate the Property when and in the manner required Landlord may elect either: (i) to treat Tenant as a tenant from month-to-month, subject to the provisions of this Lease, provided that Base Rent for the month-to-month tenancy shall be the Base Rent for the month prior to commencement of the month-to-month tenancy increased by five percent (5%), and provided that any option or other rights regarding extension of the Term shall no longer apply; or (ii) to eject Tenant from the Property (using self-help or otherwise) and recover damages caused by wrongful holdover. The terms of this Section shall survive any expiration or early termination of this Lease.

Surrender; Holdover. On expiration or early termination of this Lease (“surrender”)a) After the Term ends, Tenant shall deliver all keys to Landlord peaceably leave and surrender the Leased Property free to Landlord in good order, condition, and repair, ordinary wear and tear excepted, and in accordance with the requirements of debris and Section 16 of this Lease, including the interior hallways and rooms removal of any Alterations that Tenant is required to remove under Section 16, which obligations shall survive the end of the Building vacuumed and/or sweptTerm. With respect to On or before the end of the Term, Tenant shall remove from the Leased Property all of Tenant’s Property situated thereon, and shall repair any damage caused by such removal. Property not so removed shall become Landlord’s property. Tenant represents and warrants that any property left at the Leased Property shall have been owned by the Tenant free and clear of any liens or other encumbrances. Landlord may cause such property to be removed from the Leased Property and disposed of without accountability to Tenant, it being understood that is Tenant shall reimburse Landlord for the repair responsibility reasonable costs and expenses incurred by Landlord in removing and disposing of such property. Tenant under this Lease shall pay the cost of such removal and that occurs during disposition and of repairing any damage caused by such removal, which obligation shall survive the last three months prior end of the Term. Except for surrender at the end of the Term, no surrender to expiration or early termination Landlord of this Lease or results of the Leased Property shall be valid or effective unless agreed to in writing by Landlord. (b) If Tenant holds over after the end of the Term, without derogating from removal any of Landlord’s rights hereunder and without granting any Tenant Alterationsrights of possession to Tenant, Tenant’s repair responsibility shall, notwithstanding any other provision of this Lease, be limited to patching such damage (i.e., patching holes and cracks) and Tenant shall not be required to do any finish work as part of such repairs. Upon surrender ,Tenant shall not be required to return the Property to “good condition,” and shall not be required to mend any carpet tears or replace any carpet, provided that Tenant shall replace any broken glass. Tenant may, in its sole discretion but subject to any right of Landlord under this lease to demand removal of property by ▇▇▇▇▇▇, remove or leave any personal property located on the Property as of the date of expiration or early termination of the Lease, provided that Tenant shall remove any unattached personal property that is not normally used in the hotel industry unless the Parties mutually agree in writing to leave the same at the Property; Tenant shall have fifteen (15) days after expiration or early termination of this Lease within which to complete any removal of property authorized or required under this Lease. The Parties acknowledge that in lieu of any obligation on Tenant’s part to surrender the Property in good condition less wear and tear (including in lieu of any obligation on Tenant’s part to do any finish work during or after the last three months prior to expiration or early termination of this Lease), and in lieu of any obligation on Tenant’s part to surrender all or any part of the Property “furnished” for hotel use or otherwise, and in lieu of any obligation on Tenant’s part to restore all or any part of the Property to any pre-Lease, Commencement Date, or other condition or to reconfigure the Property back to any pre-Lease, Commencement Date, or other reconfiguration, Tenant shall, on expiration or early termination of this Lease, pay to Landlord upon demand, as Landlord’s sole measure of monetary damages on account of such holdover and as liquidated damages (and not as a restoration penalty), a use and occupancy fee in for the amount of $156,000.00 (“Restoration Fee”) period Tenant holds over equal to be applied: (a) towards for a period ending on the first to occur of forty-five (45) days following the end of the Term, or Landlord’s providing Tenant Notice that Landlord has entered into a commitment to lease the Leased Property, or any finish work needed other contractual commitment with respect to return the Leased Property to good conditionwhich would be adversely affected by Tenant’s continued possession of the Leased Property following the expiration of the Term (collectively a “Replacement Commitment”), one hundred fifty (150%) percent of, and (b) towards thereafter, two hundred (200%) percent of, the re-furnishing Basic Rent payable immediately before the end of the PropertyTerm, (c) towards the removal of any property left by prorated on a daily basis, plus all Additional Rent Tenant in accordance with would have been liable to pay had this Lease, or (d) in any other manner determined by Landlord in its sole discretion; provided that, if Tenant exercises Tenant’s Termination Right, the Restoration Fee shall be reduced to $100,000. If Tenant fails to vacate the Property when and in the manner required Landlord may elect either: (i) to treat Tenant as a tenant from month-to-month, subject to the provisions of this Lease, provided that Base Rent for the month-to-month tenancy shall be the Base Rent for the month prior to commencement of the month-to-month tenancy increased by five percent (5%), and provided that any option or other rights regarding extension of the Term shall no longer apply; or (ii) to eject Tenant from the Property (using self-help or otherwise) and recover damages caused by wrongful holdover. The terms of this Section shall survive any expiration or early termination of this LeaseLease not ended.

Surrender; Holdover. On expiration or early termination A. At the end of this Lease (“surrender”)the Term, Tenant shall deliver all keys to Landlord peaceably leave and surrender the Property free of debris Premises to Landlord in good condition and repair, reasonable use, ordinary wear and tear, and damage by fire or other casualty, condemnation, or appropriation excepted (Tenant’s obligation for repair, reconstruction or restoration following a casualty being governed by Section 7.5 above). Tenant shall, at its expense, remove from the interior hallways and rooms Premises at the end of the Building vacuumed and/or swept. With respect to Term all of Tenant’s property (and repair any damage caused by such removal), except that Tenant shall not remove at the end of the Term any permanently attached equipment, conduits or fixtures providing water, plumbing, electrical, heating, ventilation, air conditioning, lighting and/or sewer service to the Property that is Premises, whether or not the repair responsibility same were furnished or installed by Tenant. Such surrender shall be made without any payment by Landlord to Tenant. Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent. B. If Tenant or any person claiming under Tenant holds over in possession after the end of the Term, the tenancy under this Lease shall become a month-to-month tenancy, terminable by either party on 30 days’ notice, and that occurs during shall be subject to all of the last three months prior to expiration or early termination of this Lease or results from removal of any Tenant Alterations, Tenant’s repair responsibility shall, notwithstanding any other provision terms and conditions of this Lease, except that Base Rent for each month during the holdover period shall be limited 125% of the monthly Base Rent installment payable for the last full month of the Term. C. Any and all alterations, additions, improvements, and fixtures installed by Tenant which are so attached to patching the floors, walls or ceilings that removal would either irreparably damage such items or the materials to which they are attached (including any linoleum or other floor covering of similar character which may be cemented or otherwise adhesively affixed to the floor, and any electrical, plumbing, heating, ventilating or air-conditioning systems and equipment) shall remain upon the Premises after the end of the Term and shall be surrendered with the Premises as a part thereof without disturbance, molestation or injury, and title thereto shall thereupon automatically vest in Landlord absolutely free of any leasehold and any liens permitted or suffered by Tenant. However, the usual trade fixtures, equipment and furniture which may be installed in the Premises at the cost of Tenant (and any other personal property) (collectively “Tenant’s Property”) shall be removed by Tenant from the Premises prior to the end of the Term. Tenant shall, at its own cost and expense, repair any and all damage (i.e., patching holes and cracks) and to the Premises resulting from or caused by such removal. Tenant shall not remove at or near the end of the Term any building components, including the HVAC system, plumbing system, electrical system (including light fixtures) and security gate(s) (if any). All of Tenant’s right, title and interest in the Premises, including all additions, improvements, and all fixtures and leasehold improvements installed upon the Premises, shall cease and terminate. All Tenant’s Property which has not been removed by Tenant within ten (10) days after Tenant vacates the Premises at the end of the Term shall be deemed abandoned by Tenant and become Landlord’s exclusive property or may be disposed of by Landlord, at Landlord’s option (and, in the case of trade fixtures, furniture and any other personal property, at Tenant’s cost and expense), without further notice or demand to Tenant and without any requirement to account for the same to or any other liability to or recourse by Tenant or anyone claiming by, through or under Tenant. No further deed, bill of sale, or other instrument shall be required to do any finish work as part confirm such transfer to and vesting in Landlord of title to the Premises and all of such repairsproperty. Upon surrender ,Tenant shall not be required to return the Property to “good condition,” and shall not be required to mend Medinah Temple Lease 30 D. Notwithstanding any carpet tears or replace any carpet, provided that Tenant shall replace any broken glass. Tenant may, in its sole discretion but subject to any right of Landlord under this lease to demand removal of property by ▇▇▇▇▇▇, remove or leave any personal property located on the Property as of the date of expiration or early termination of the Lease, provided that Tenant shall remove any unattached personal property that is not normally used in the hotel industry unless the Parties mutually agree in writing to leave the same at the Property; Tenant shall have fifteen (15) days after expiration or early termination provision of this Lease within which to complete any removal of property authorized or required under this Lease. The Parties acknowledge that in lieu of any obligation on Tenant’s part to surrender the Property in good condition less wear and tear (including in lieu of any obligation on Tenant’s part to do any finish work during or after the last three months prior to expiration or early termination of this Lease)contrary, and in lieu of any obligation on Tenant’s part to surrender all or any part of the Property “furnished” for hotel use or otherwise, and in lieu of any obligation on Tenant’s part to restore all or any part of the Property to any pre-Lease, Commencement Date, or other condition or to reconfigure the Property back to any pre-Lease, Commencement Date, or other reconfiguration, Tenant shall, on expiration or early upon termination of this Lease, pay whether by expiration of its term or for any other reason, title to Landlord a restoration fee the Building shall automatically transfer to, and vest in the amount of $156,000.00 (“Restoration Fee”) to be applied: (a) towards Landlord, without any finish work needed to return the Property to good condition, (b) towards the re-furnishing further action of the Property, (c) towards the removal parties. This remainder interest of any property left by Tenant in accordance with this Lease, or (d) in any other manner determined by Landlord in its sole discretion; provided that, if Tenant exercises Tenant’s Termination Right, and to the Restoration Fee Building shall be reduced to $100,000. If Tenant fails to vacate the Property when absolute and in the manner required Landlord may elect either: (i) to treat Tenant as a tenant from month-to-month, subject to the provisions of this Lease, provided that Base Rent for the month-to-month tenancy shall not be the Base Rent for the month prior to commencement defeased by any action of the month-to-month tenancy increased by five percent (5%)parties or any one claiming by, and provided that through or under any option or other rights regarding extension of the Term shall no longer apply; or (ii) to eject Tenant from the Property (using self-help or otherwise) and recover damages caused by wrongful holdover. The terms of this Section shall survive any expiration or early termination of this Leaseparties.

Surrender; Holdover. On expiration Subtenant shall, on or early termination of this Lease (“surrender”)before the Sublease Termination Date, Tenant shall deliver all keys to Landlord promptly quit and surrender the Property Sublet Premises free of debris all furniture, fixtures and equipment and other personal property and in the interior hallways same condition the Sublet Premises were in on the Sublease Commencement Date and rooms of in conformity with the Building vacuumed and/or swept. With respect to any damage to the Property that is the repair responsibility of Tenant under this Lease and that occurs during the last three months prior to expiration or early termination applicable provisions of this Lease or results from removal of any Tenant Alterations, Tenant’s repair responsibility shall, notwithstanding any other provision of this Lease, be limited to patching such damage (i.e., patching holes Sublease and cracks) and Tenant shall not be required to do any finish work as part of such repairs. Upon surrender ,Tenant shall not be required to return the Property to “good condition,” and shall not be required to mend any carpet tears or replace any carpet, provided that Tenant shall replace any broken glass. Tenant may, in its sole discretion but subject to any right of Landlord under this lease to demand removal of property by ▇▇▇▇▇▇, remove or leave any personal property located on the Property as of the date of expiration or early termination of the Lease, provided that Tenant shall remove excepting only reasonable wear and tear and/or damage by fire or other casualty and any unattached personal property other matter that is not normally used in the hotel industry unless responsibility of Subtenant under this Sublease, timely surrender of the Parties mutually agree in writing Sublet Premises being of the essence hereof. Subtenant understands and acknowledges Sublandlord’s stated need to leave regain possession of the same at Sublet Premises by the Property; Tenant Sublease Termination Date and therefore Subtenant understands that it shall have fifteen (15) days after expiration or early termination of this Lease within which no right to complete any removal of property authorized or required under this Lease. The Parties acknowledge that holdover in lieu of any obligation on Tenant’s part to surrender the Property in good condition less wear and tear (including in lieu of any obligation on Tenant’s part to do any finish work during or after the last three months prior to expiration or early termination of this Lease), and in lieu of any obligation on Tenant’s part to surrender all or any part of the Property “furnished” Sublet Premises. If Subtenant shall fail to deliver possession of the Sublet Premises as herein provided, such occupancy shall not be construed to effect or constitute other than a daily tenancy at sufferance. Subtenant shall pay to Sublandlord for hotel use or otherwiseand occupancy of the Sublet Premises after the Sublease Termination Date the amount equal to two hundred percent (200%) of the Annual Rent and regularly occurring additional rent payable during the Sublease term at the rates in effect under the Sublease as of the Sublease Termination Date, and in lieu which shall be calculated on a per diem basis, on account of any obligation on Tenant’s part to restore and all or any part days of holdover occupancy. The amount of the Property charge for use and occupancy is acknowledged to be the appropriate level of compensation to Sublandlord as reimbursement for inconvenience to its business and anticipated expenses arising from Subtenant’s failure to vacate and surrender the Sublet Premises in a timely manner, and shall not be deemed a penalty. The acceptance of payment on account of use and occupancy by Sublandlord or the failure or delay of Sublandlord in notifying or evicting Subtenant following the Sublease Termination Date shall not create any pretenancy rights in Subtenant and any such payments by Subtenant may be applied by Sublandlord against its costs and expenses, including reasonable attorney’s fees incurred by Sublandlord as a result of such holdover. In addition, Subtenant shall save Sublandlord, harmless and will exonerate, defend and indemnify Sublandlord from and against any and all actual damages which Sublandlord may suffer on account of Subtenant’s hold-Lease, Commencement Date, or other condition or to reconfigure the Property back to any pre-Lease, Commencement Date, or other reconfiguration, Tenant shall, on expiration or early termination of this Lease, pay to Landlord a restoration fee over in the amount of $156,000.00 (“Restoration Fee”) to be applied: (a) towards any finish work needed to return the Property to good condition, (b) towards the re-furnishing of the Property, (c) towards the removal of any property left by Tenant in accordance with this Lease, or (d) in any other manner determined by Landlord in its sole discretion; provided that, if Tenant exercises Tenant’s Termination Right, the Restoration Fee shall be reduced to $100,000. If Tenant fails to vacate the Property when and in the manner required Landlord may elect either: (i) to treat Tenant as a tenant from month-to-month, subject to the provisions of this Lease, provided that Base Rent for the month-to-month tenancy shall be the Base Rent for the month prior to commencement of the month-to-month tenancy increased by five percent (5%), and provided that any option or other rights regarding extension of the Term shall no longer apply; or (ii) to eject Tenant from the Property (using self-help or otherwise) and recover damages caused by wrongful holdover. The terms of this Section shall survive any expiration or early termination of this LeaseSublet Premises.

Surrender; Holdover. 24.01 On expiration or early termination of this Lease (“surrender”), Tenant shall deliver all keys to Landlord and surrender the Property free of debris and the interior hallways and rooms last day of the Building vacuumed and/or swept. With respect to any damage to the Property that is the repair responsibility of Tenant under this Lease and that occurs during the last three months prior to expiration or early termination of this Lease or results from removal of any Tenant Alterations, Tenant’s repair responsibility shall, notwithstanding any other provision term of this Lease, be limited to patching such damage (i.e., patching holes and cracks) and Tenant shall not be required to do or upon any finish work as part of such repairs. Upon surrender ,Tenant shall not be required to return the Property to “good condition,” and shall not be required to mend any carpet tears or replace any carpet, provided that Tenant shall replace any broken glass. Tenant may, in its sole discretion but subject to any right of Landlord under this lease to demand removal of property by ▇▇▇▇▇▇, remove or leave any personal property located on the Property as of the date of expiration or early termination of the Lease, provided that Tenant shall remove any unattached personal property that is not normally used in the hotel industry unless the Parties mutually agree in writing to leave the same at the Property; Tenant shall have fifteen (15) days after expiration or early termination of this Lease within which to complete any removal of property authorized or required under this Lease. The Parties acknowledge that in lieu of any obligation on Tenant’s part to surrender the Property in good condition less wear and tear (including in lieu of any obligation on Tenant’s part to do any finish work during or after the last three months prior to expiration or early termination of this Lease), and in lieu of any obligation on Tenant’s part to surrender all or any part of the Property “furnished” for hotel use or otherwise, and in lieu of any obligation on Tenant’s part to restore all or any part of the Property to any pre-Lease, Commencement Date, or other condition or to reconfigure the Property back to any pre-Lease, Commencement Date, or other reconfiguration, Tenant shall, on expiration or early earlier termination of this Lease, pay or upon any re-entry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises to Landlord a restoration fee in the amount of $156,000.00 (“Restoration Fee”) to be applied: (a) towards any finish work needed to return the Property to good conditionorder, (b) towards the re-furnishing of the Propertycondition and repair, (c) towards the removal of any property left by Tenant in accordance except for ordinary wear and tear together with this Leaseall Tenant's Changes which may have been made in, on, or (d) in any other manner determined by Landlord in its sole discretion; provided that, if Tenant exercises Tenant’s Termination Right, the Restoration Fee shall be reduced to $100,000. If Tenant fails to vacate the Property when and in the manner required Landlord may elect either: (i) to treat Tenant as a tenant from month-to-month, subject to the provisions Demised Premises except for furniture, trade fixtures or equipment put in at the sole expense of Tenant; provided, however, Tenant shall ascertain from Landlord at least sixty (60) days prior to the expiration or earlier termination of this Lease, provided whether Landlord desires to have the Demised Premises or any part thereof restored to the original condition in which it was delivered as of the Commencement Date of this Lease, reasonable wear and tear excepted. Tenant, prior to the end of the Term, at its sole cost and expense, shall so restore the Demised Premises, remove therefrom all of its property, including, but not limited to, its furniture, fixtures and equipment, together with Tenant's Changes as may be requested by Landlord and fix and repair any and all damage or defacement to the Building and/or Land caused by the installation and/or removal of Tenant's Changes, furniture, equipment or trade fixtures or any other property. Any or all of Tenant's personal property or Tenant's Changes not so removed, at Landlord's option, shall become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice or demand. If the Demised Premises be not surrendered as and when aforesaid, Tenant shall indemnify Landlord against any damages, loss or liability, resulting therefrom. Tenant's obligation under this Article shall survive the expiration or earlier termination of the Term. (a) In the event this Lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant shall then hold over after the expiration of the term of this Lease, and if Landlord shall then not proceed to remove Tenant from the Demised Premises in the manner permitted by law (or shall not have given written notice to Tenant that Base Rent Tenant must vacate the Demised Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, the parties hereby agree that Tenant's occupancy of the Demised Premises after the expiration of the term shall be under a month-to-month tenancy commencing on the first day after the expiration of the term, which tenancy shall be upon all of the Base Rent for terms set forth in this Lease except Tenant shall pay on the first day of each month of the holdover period as fixed rent, an amount equal to one and one half (1 and "/z) times one-twelfth of the fixed rent and additional rent payable by Tenant during the last year of the term of this Lease (i.e., the year immediately prior to commencement the holdover period). Further, Landlord shall not be required to perform any work, furnish any materials or make any repairs within the Demised Premises during the holdover period. It is further stipulated and agreed that if Landlord shall, at any time after the expiration of the month-to-month tenancy increased by five percent (5%)original term or after the expiration of any term created thereafter, and provided that any option or other rights regarding extension of the Term shall no longer apply; or (ii) proceed to eject remove Tenant from the Property Demised Premises as a holdover, the fixed rent for the use and occupancy of the Demised Premises during any holdover period shall be calculated in the same manner as set forth above. In addition to the foregoing, Landlord shall be entitled to recover from Tenant any losses or damages arising after such holdover continues for more than thirty (using self-help or otherwise30) and recover damages caused by wrongful holdover. The terms of this Section shall survive any expiration or early termination of days. (b) Notwithstanding anything to the contrary contained in this Lease, the acceptance of any rent paid by Tenant pursuant to subsection 24.02(a) above shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding. (c) All damages to Landlord by reason of holding over by Tenant may be of the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenant.

Surrender; Holdover. On (a) Upon the expiration or early earlier termination of this Lease (“surrender”)Lease, Tenant shall deliver all keys to Landlord peaceably leave and surrender the Property free of debris and Leased Premises to Landlord in the interior hallways and rooms of same condition in which the Building vacuumed and/or swept. With respect to any damage to Leased Premises was at the Property that is the repair responsibility of Tenant under this Lease and that occurs during the last three months prior to expiration or early termination commencement of this Lease Lease, except as repaired, rebuilt, restored, altered, replaced or results from removal of added to as permitted or required by any Tenant Alterations, Tenant’s repair responsibility shall, notwithstanding any other provision of this Lease, be limited to patching and except for ordinary wear and tear. Upon such damage (i.e.surrender, patching holes and cracks) and Tenant shall (a) remove from the Leased Premises all property which is owned by Tenant or third parties other than Landlord and (b) repair any damage caused by such removal. Property not so removed shall become the property of Landlord, and Landlord may thereafter cause such property to be required to do any finish work as part removed from the Leased Premises. The reasonable cost of removing and disposing of such repairsproperty and repairing any damage to any of the Leased Premises caused by such removal shall be paid by Tenant to Landlord upon demand. Upon surrender ,Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 25. (b) If Tenant shall not be required permitted to return the Property to “good condition,” and shall not be required to mend any carpet tears or replace any carpet, provided that Tenant shall replace any broken glass. Tenant may, in its sole discretion but subject to any right of Landlord under this lease to demand removal of property by ▇▇▇▇▇▇, remove or leave any personal property located on the Property as retain possession of the date of expiration or early Leased Premises after the termination of the Lease, provided that Tenant shall remove any unattached personal property that is not normally used in the hotel industry unless the Parties mutually agree in writing to leave the same at the Property; Tenant shall have fifteen (15) days after expiration or early termination of this Lease within which to complete any removal of property authorized or required under this Lease. The Parties acknowledge that in lieu of any obligation on Tenant’s part to surrender the Property in good condition less wear and tear (including in lieu of any obligation on Tenant’s part to do any finish work during or after the last three months prior to expiration or early termination of this Lease), and in lieu of any obligation on Tenant’s part to surrender all or any part of the Property “furnished” for hotel use or otherwise, and in lieu of any obligation on Tenant’s part to restore all or any part of the Property to any pre-Lease, Commencement Date, or other condition or to reconfigure the Property back to any pre-Lease, Commencement Date, or other reconfiguration, Tenant shall, on expiration or early termination Term of this Lease, then Tenant shall pay to Landlord the Basic Rent and all other amounts due under this Lease (including, without limitation, all Additional Rent due from time to time), computed on a restoration fee per month basis, for each month or part thereof that Tenant remains in the amount of $156,000.00 (“Restoration Fee”) to be applied: (a) towards any finish work needed to return the Property to good condition, (b) towards the re-furnishing of the Property, (c) towards the removal of any property left by Tenant in accordance with this Lease, or (d) in any other manner determined by Landlord in its sole discretion; provided that, if Tenant exercises Tenant’s Termination Right, the Restoration Fee possession. Basic Rent so owing shall be reduced to $100,000. If Tenant fails to vacate paid at the Property when and in the manner required Landlord may elect eitherfollowing rates: (i) during the first six (6) months of any such holdover, at a monthly rate equal to treat Tenant as 110% of the Basic Rent payable monthly during the last Lease Year before termination; and (ii) thereafter, during the remainder of any such holdover, at a tenant from month-to-month, subject monthly rate equal to 125% of the provisions Basic Rent payable monthly during the last Lease Year before termination. Any holdover of this Lease, provided that Base Rent for the Lease shall be deemed a month-to-month tenancy shall be the Base Rent for the month prior to commencement of the month-to-month tenancy increased by five percent (5%), and provided that any option or other rights regarding extension of the Term shall no longer apply; or (ii) to eject Tenant from the Property (using self-help or otherwise) and recover damages caused by wrongful holdover. The terms of this Section shall survive any expiration or early termination of this Leasetenancy.

Surrender; Holdover. On expiration or early termination of this Lease (“surrender”), Tenant shall deliver all keys to Landlord and surrender the Property Premises vacuumed, swept, and free of debris and in the interior hallways and rooms same condition as at the commencement of the Building vacuumed and/or sweptterm subject only to reasonable wear from ordinary use. With respect to any damage to the Property that is the repair responsibility of Tenant under this Lease and that occurs during the last three months prior to expiration or early termination of this Lease or results from removal of any Tenant Alterations, Tenant’s repair responsibility shall, notwithstanding any other provision of this Lease, be limited to patching such damage (i.e., patching holes and cracks) and Tenant shall not be required to do any finish work as part of such repairs. Upon surrender ,Tenant shall not be required to return the Property to “good condition,” and shall not be required to mend any carpet tears or replace any carpet, provided that Tenant shall replace any broken glass. Tenant may, in its sole discretion but subject to any right of Landlord under this lease to demand removal of property by ▇▇▇▇▇▇, remove or leave any personal property located on the Property as of the date of expiration or early termination of the Lease, provided that Tenant shall remove all of its furnishings and trade fixtures that remain its property and any unattached personal property that is not normally used in alterations, cables or conduits if required by paragraph 6.2.1 and shall repair all damage resulting from such removal. Failure to remove shall be an abandonment of the hotel industry unless the Parties mutually agree in writing to leave the same at the Property; Tenant shall have fifteen (15) days after expiration or early termination of this Lease within which to complete any removal of property authorized or required under this Lease. The Parties acknowledge that in lieu of any obligation on Tenant’s part to surrender the Property in good condition less wear and tear (including in lieu of any obligation on Tenant’s part to do any finish work during or after the last three months prior to expiration or early termination of this Lease)property, and Landlord may remove or dispose of it in lieu of any obligation on Tenant’s part to surrender all or any part of the Property “furnished” for hotel use or otherwisemanner without liability, and in lieu recover the cost of any obligation on removal and other damages from Tenant’s part to restore all or any part of the Property to any pre-Lease, Commencement Date, or other condition or to reconfigure the Property back to any pre-Lease, Commencement Date, or other reconfiguration, Tenant shall, on expiration or early termination of this Lease, pay to Landlord a restoration fee in the amount of $156,000.00 (“Restoration Fee”) to be applied: (a) towards any finish work needed to return the Property to good condition, (b) towards the re-furnishing of the Property, (c) towards the removal of any property left by Tenant in accordance with this Lease, or (d) in any other manner determined by Landlord in its sole discretion; provided that, if Tenant exercises Tenant’s Termination Right, the Restoration Fee shall be reduced to $100,000. If Tenant fails to vacate the Property Premises when and in the manner required required, including failure to remove all its personal property, Landlord may elect either: (i) to treat Tenant as a tenant from month-to-month to month, subject to the provisions of this Lease, provided Lease except that Base Rent for the month-to-month tenancy rent shall be the Base Rent for the month prior to commencement 125% of the month-to-month tenancy increased by five percent (5%)total rent being charged when the Lease term expired, and provided that any option or other rights regarding extension of the Term term or expansion of the Premises shall no longer apply; or (ii) to eject Tenant from the Property Premises (using self-help or otherwise) and recover damages caused by wrongful holdover▇▇▇▇▇▇ continuing to occupy the Premises after the Lease term has expired without the permission of the Landlord. The terms In the absence of a lease extension or agreement otherwise, no less than one hundred (100) days prior to the expiration of the Lease, Tenant shall provide Landlord written notice advising the Landlord that the Tenant will not be extending the Lease and in said notice, Tenant shall request notice from the Landlord whether the Landlord will require the Tenant to vacate on or before the Lease expiration date or if the Landlord will approve of the Tenant remaining in the Premises after the expiration date as a month to month Tenant. Landlord shall respond and answer this Section shall survive any expiration or early termination notice from Tenant within ten (10) days of this Leasereceipt.