Common use of SURRENDER OF PREMISES; HOLDING OVER Clause in Contracts

SURRENDER OF PREMISES; HOLDING OVER. 20.1 No act by Xxxxxxxx shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same is made in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable wear and tear and condemnation and fire or other casualty damage not caused by Tenant excepted, and shall deliver to Landlord all keys to the Premises. Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, and furniture as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, Tenant shall pay to Landlord on demand any and all such charges. The provisions of this paragraph shall survive the expiration or termination of the Lease.

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable wear and tear and condemnation and fire or other casualty damage not caused by Tenant (subject however to Tenant's maintenance obligations) excepted, and shall with the HVAC System and hot water equipment, any remaining light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises, the Building, or the Land by or at Tenant's request. Provided that Xxxxxx has performed all of its obligations hereunderAll fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant and described on EXHIBIT "C" (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, furniture, and furniture other property as Landlord may request. Tenant shall repair all damage caused by request in writing (excluding the Initial Improvements described on EXHIBIT "B"), provided such removalrequest is made within six (6) months after the end of the Term. All items so requested to be moved which are not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay to for the costs incurred by Landlord on demand any and all in connection therewith. Any such charges. The provisions disposition shall not be considered a strict foreclosure or other exercise of this paragraph shall survive the expiration or termination Landlord's rights in respect of the Lease.security interest granted under Section 26 below. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all applicable Laws, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a). Without limiting the generality of the foregoing, delivery of the Premises in compliance with this Section 16.(a) shall require that Tenant cause the following (which is not an exclusive list) to be true as of the date of surrender:

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises and Equipment Yard Area shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant's right to possess the Premises and Equipment Yard Area, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in reasonably good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) and damage due to casualty and condemnation and fire or other casualty damage not caused by Tenant excepted, and shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in reasonably good working order, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises, the Building, or the Land by or at Tenant's request. Provided that Xxxxxx has performed all of its obligations hereunderAll fixtures, alterations, additions, and improvements (whether temporary or permanent) including raised flooring and transformers, shall be Landlord's property and shall remain on the Premises or Equipment Yard Area except as provided in the next two sentences and in 16(b) below. Tenant may remove renovate all unattached trade fixtures, furniture, equipment and personal property placed in the Premises and the Equipment Yard Area by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, and furniture as Landlord may request. ) provided that Tenant shall repair all any damage caused by such removal. Additionally, Tenant shall restore the Building and associated parking area to the original Building Shell condition (except for the office area) as Landlord may request, provided such request is made within three (3) months prior to the termination of the Lease. All items not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay to for the costs incurred by Landlord on demand any and all in connection therewith. Any such charges. The provisions disposition shall not be considered a strict foreclosure or other exercise of this paragraph shall survive the expiration or termination Landlord's rights in respect of the Leasesecurity interest granted under Section 16(a). All work required of Tenant under Sections 16(a) and 16(b) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under Sections 16(a) and 16(b).

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this Lease, Tenant's right to possess the Premises. Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable wear and tear and condemnation and fire or other casualty damage not caused by Tenant (subject however to Tenant's maintenance obligations) excepted, and shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises by or at Tenant's request. Provided that Xxxxxx has performed all of its obligations hereunderAll fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided below. Tenant may remove all unattached trade fixturesfixtures (including the clean room, ultra-pure gas farm area, and ultra-pure water farm area), furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, if the Term has not been cancelled in accordance with Section 27 hereof, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, cabling, furniture, and furniture other property as Landlord may request. Tenant shall repair all damage caused by , provided such removalrequest is made within two months after the end of the Term. All items not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to Landlord on demand damage the Premises. Tenant shall, at its expense, repair all damage caused by any and all such charges. The provisions of work performed by Tenant under this paragraph shall survive the expiration or termination of the LeaseSection 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. 20.1 No act by Xxxxxxxx shall be deemed an acceptance of a surrender Upon expiration of the Premisesterm or the termination of this Lease or of Tenant’s right of possession, Tenant shall surrender to Landlord the Premises and no agreement all improvements and alterations (except alterations which this Lease grants to accept a surrender Tenant the right or obligation to remove) in good condition, except for ordinary wear and tear. Notwithstanding the foregoing, unless the parties otherwise mutually agree, Tenant shall remove all trade fixtures, equipment and personal property including, without limitation, all wallpaper, paneling and other decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any alterations or Tenant’s personal property before the expiration of the Premises shall be valid unless term, including for example, restoring all wall surfaces to their condition prior to the same is made in writing and signed by Landlord. At the expiration or termination commencement of this Lease, Tenant shall deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable ordinary wear and tear and condemnation and fire excepted. Landlord can elect to retain or other casualty damage not caused by Tenant excepted, and shall deliver to Landlord all keys to the Premises. Provided that Xxxxxx has performed all dispose of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and in any reasonable manner Xxxxxx’s personal property placed in not removed from the Premises by Tenant (but prior to the expiration of the term. Tenant shall not remove waives all claims against Landlord for any such item which was paid for, in whole damage to Tenant resulting from Xxxxxxxx’s retention or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, and furniture as Landlord may requestdisposition of Xxxxxx’s personal properly. Tenant shall repair all damage caused by such removalbe liable to Landlord for Landlord’s costs for storage, removal or disposal of Tenant’s personal property. All items not so removed If Xxxxxx fails to surrender the Premises upon the expiration of the term, or upon the termination of this Lease or of Tenant’s right of possession, (a) Tenant shall be deemed to have been abandoned by Tenant a tenant at sufferance at the base rental rate of 125% of the last rental rate hereunder and may be appropriatedotherwise on the terms set forth herein, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, (b) Tenant shall pay to defend, indemnify and hold Landlord harmless from all resulting loss or liability, including without limitation, any claim made by any succeeding tenant founded on demand any and all or resulting from such charges. The provisions of this paragraph shall survive the expiration or termination of the Leasefailure.

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable wear and tear and condemnation and fire or other casualty damage not caused by Tenant (subject however to Tenant's maintenance obligations) excepted, and shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises, by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Xxxxxx Tenant has performed all of its obligations hereunder, Tenant may remove all Removable Items, unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, furniture, and furniture other property as Landlord may request. request except for items that Landlord has specifically agreed in writing need not be removed by Tenant shall repair all damage caused by at the end of the Term, provided such removalrequest is made within six months after the end of the Term. All items not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay to for the costs incurred by Landlord on demand any and all in connection therewith. Any such charges. The provisions disposition shall not be considered a strict foreclosure or other exercise of this paragraph shall survive the expiration or termination Landlord's rights in respect of the Leasesecurity interest granted under Section 27. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. 20.1 No act by Xxxxxxxx Lessee shall be deemed an acceptance of a surrender of have surrendered the Premises when (a) the move-out date has passed and no one is using the Premise within Lessor’s reasonable judgement; or (b) all Premise keys and access devices have been turned in to Lessor, whichever comes first. Upon surrendering the Premises, Lessee shall promptly surrender and no agreement to accept a surrender of deliver the Premises shall be valid unless the same is made to Lessor in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in as good repair and conditioncondition as received, reasonable wear and tear excepted. Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Lessee holds over (a) the Base Rent payable shall be increased to 110% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (b) Lessee’s right to possession shall terminate on 30 or 60 days notice from Lessor; and condemnation (c) all other terms and fire or other casualty damage not caused conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Tenant exceptedLessor to any holding over by Lessee. Lessee shall indemnify, defend, and shall deliver to Landlord all keys to the Premises. Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, hold Lessor harmless from and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, and furniture as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, Tenant shall pay to Landlord on demand against any and all such charges. The claims, demands, actions, losses, damages, obligations, costs, and expenses, including, without limitation, attorneys’ fees incurred or suffered by Lessor by reason of Lessee’s failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this paragraph shall survive Lease. Any consent by Lessor to allow the expiration Lessee to hold over is not to be construed as or termination an agreement to a renewal of the Leaselease. Lessor reserves all rights and powers described above as Remedies and Defaults.

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant’s right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable wear and tear and condemnation and fire or other casualty damage not caused by Tenant (subject however to Tenant’s maintenance obligations) excepted, and shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises, the Building, or the Land by or at Tenant’s request. Provided that Xxxxxx has performed all of its obligations hereunderAll fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord’s property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant and described on Exhibit “C” (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvementsimprovements (so long as Landlord has provided written notice to Tenant as required in Section 6 of this Lease), trade fixtures, equipment, wiring, furniture, and furniture other property as Landlord may request. Tenant shall repair all damage caused by , provided such removalrequest is made within six (6) months after the end of the Term. All items so requested to be moved which are not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay to for the costs incurred by Landlord on demand any and all in connection therewith. Any such charges. The provisions disposition shall not be considered a strict foreclosure or other exercise of this paragraph shall survive the expiration or termination Landlord’s rights in respect of the Lease.security interest granted under Section 21 below. All work required of Tenant under this Section 16(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all applicable Laws, and so as not to damage the Building or unreasonably interfere with other tenants’ use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16(a). Without limiting the generality of the foregoing, delivery of the Premises in compliance with this Section 16(a) shall require that Tenant cause the following (which is not an exclusive list) to be true as of the date of surrender:

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable wear and tear and condemnation and fire or other casualty damage not caused by Tenant (subject however to Tenant's maintenance obligations) excepted, and shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises, the Building or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Xxxxxx Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvementsimprovement, trade fixtures, equipment, wiring, furniture, and furniture other property as Landlord may request. , provided such request is made within fifteen (15) days after the end of the Term and provided that the installation or construction of the applicable alteration, improvement, additions, fixture or wiring was not consented to by Landlord in writing (unless at the time of consent, Landlord informed Tenant shall repair all damage caused by that such removalitem would need to be removed upon expiration of the Lease). All items not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay for the costs (if a sale, after deducting proceeds of sale of such items) incurred by Landlord in connection therewith. All work required of Tenant under this Section 16 (a.) shall be coordinated with Landlord and be done in good and workmanlike manner, in accordance with all Laws, and so as not to Landlord on demand damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any and all such charges. The provisions of work performed by Tenant under this paragraph shall survive the expiration or termination of the LeaseSection 16(a.)

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) Tenant agrees on the last day of the Term, or on the sooner termination of this Lease, to surrender the Premises, together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant and subject to Landlord's election under Section 11(a), if any), promptly and peaceably to Landlord in good condition and repair (normal wear and tear excepted), including, without limitation: all interior walls freshly painted or cleaned so that they appear freshly painted; all tile floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred, stained or non-conforming acoustical ceiling tiles replaced; all windows washed inside; the air conditioning and heating systems serviced by a reputable and licensed service firm, left in good operating condition and repair as so certified to by such firm; the plumbing, electrical, and lighting systems left in good order and repair, including replacement of any burned out, discolored, or broken light bulbs, ballasts, or lenses. If Tenant fails to surrender the Premises at the end of the Term or other 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, including, without limitation, any claims made by any succeeding tenant founded on such delay. No act by Xxxxxxxx of conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of a surrender of the Premises, and no agreement to accept a 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 valid unless the same is made in writing and evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. At 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 existing subleases or operate as an assignment or attornment to Landlord of such subleases as Landlord may elect to retain. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge, and deliver to Landlord, within ten (10) days after written demand from Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and conditionto Tenant, reasonable wear and tear and condemnation and fire any quitclaim deed or other casualty damage not caused document required by Tenant exceptedany reputable title company, and shall deliver licensed to Landlord all keys operation in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises. Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, and furniture as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, Tenant shall pay to Landlord on demand any and all such charges. The provisions of this paragraph shall survive the expiration or termination of the Lease.

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable wear and tear and condemnation and fire or other casualty damage not caused by Tenant (subject however to Tenant's maintenance obligations) excepted, and shall with the light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys at least one key for each lock to the Premises, and (3) remove all signage placed on the Premises, the Building, or the Project by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Xxxxxx Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall be required to remove only such alterations, additions, improvements, trade fixtures, equipment, wiringfurniture, and furniture other property as Landlord may request. Tenant shall repair all damage caused by such removalhas previously requested be removed, pursuant to Section 6 here in above, and not Permitted Alterations. All items not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure. All work required of Tenant under this Section 16(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to Landlord on demand damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any and all such charges. The provisions of work performed by Tenant under this paragraph shall survive the expiration or termination of the LeaseSection 16(a).

SURRENDER OF PREMISES; HOLDING OVER. 20.1 No act by Xxxxxxxx On the last day or sooner termination of the Term of this Lease, Tenant shall be deemed an acceptance of a quit and surrender of the Premises, together with all alterations and no agreement Utility Installations, vacant and free of all tenancies (except those Landlord elects to accept a surrender assume) and any leasehold rights therein and in good condition and repair, normal wear and tear and casualty and condemnation excepted, broom clean, free of known violations, without regard to the condition of the Premises on the Commencement Date, and shall surrender all keys for the Premises to Landlord at the place then Amended and Restated Master Lease - Par Petroleum - 22 Property 10978268v3 6 fixed for the payment of rent and shall inform Landlord of all combinations of locks, safes, and vaults, if any, in the Premises. If Tenant does not do so, then after expiration of this Lease, Tenant will be a tenant at will upon the applicable conditions of this Lease. In such event the Base Monthly Rent payable shall be valid unless increased by fifty percent (50%) over the same is rent payable during the last full month of the Term. If the Premises are not surrendered by Tenant within thirty (30) days after the expiration or earlier termination of the Lease, Tenant shall Indemnify Landlord from and against all Claims resulting from the delay by Tenant in so surrendering the Premises, including without limitation, any Claims made in writing and signed by Landlordany succeeding occupant or purchaser founded on such delay. At Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease, Tenant shall deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable . “Normal wear and tear and condemnation and fire or other casualty damage not caused by Tenant excepted, and shall deliver to Landlord all keys to the Premises. Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant tear” shall not remove include any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, and furniture as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall be deemed to loss of use that would have been abandoned prevented by Tenant good and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, Tenant shall pay to Landlord on demand any and all such charges. The provisions of this paragraph shall survive the expiration or termination of the Leasecustomary maintenance practice.

SURRENDER OF PREMISES; HOLDING OVER. 20.1 No act by Xxxxxxxx shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same is made in writing and signed by Landlord. At Upon the expiration or sooner termination of this Leasethe Lease Term, Tenant shall deliver agrees to Landlord quit and surrender the Premises "broom-clean" Leased Premises, clean and with all improvements located thereon in good repair condition and conditionrepair, reasonable normal wear and tear and condemnation insured casualty excepted, together with all keys and fire combinations to locks, safes and vaults and all improvements, alterations, additions, fixtures, equipment and decorations at any time made or installed in, upon or to the interior or exterior of the Leased Premises (except movable furniture, furnishings, equipment and other casualty damage not caused personal property of Tenant put in at Tenant's expense), all of which shall thereupon become the property of Landlord without any claim by Tenant exceptedtherefor, and shall deliver but the surrender of such property to Landlord all keys to the Premises. Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole be deemed to be a payment of rent or in part, by Landlord)lieu of any rent reserved hereunder. AdditionallyBefore surrendering the Leased Premises, Tenant shall remove such all of Tenant's said personal property and, at Landlord's option, Tenant shall also, at Tenant's expense, remove any alterations, additions, improvementsfixtures or equipment that contains or constitutes a "Hazardous Substance" (as defined in Article 5 such that the disposal of the same to a sanitary landfill is not permitted or is otherwise regulated under applicable law), trade fixturesat any time made or installed by Tenant in, equipment, wiringupon or to the Leased Premises, and furniture as Landlord may requestTenant further agrees to repair any damage caused thereby. If Tenant shall repair all damage caused fail to remove any of Tenant's said personal property or other property required by such removal. All items not so removed shall Landlord to be removed, said property shall, at the option of Landlord, either be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any timeTenant's expense, thereafteror Landlord shall have the right to remove and store said property, at the expense of Tenant, without further notice to or demand upon Tenant and without hold Tenant responsible for any obligation to account for such itemsand all charges and expenses incurred by Landlord therefor. If the Leased Premises be not surrendered as and when aforesaid, Tenant shall indemnify Landlord incurs against all loss or liability resulting from the delay by Tenant in so surrendering the same, including without limitation, any cost claims made by any succeeding occupant founded on such delay. If Tenant shall remain in possession of the storage Leased Premises, or removal any part thereof, for any period after the termination of this Lease in any such itemsof the ways above-named, Tenant shall pay to Landlord on demand any one and all one-half (1.5) times the rent as a month-to-month hold over tenant until such chargesholding over shall cease. The provisions of Tenant's obligations under this paragraph Article shall survive the expiration or sooner termination of the LeaseLease Term.

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant’s right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable wear and tear and condemnation and fire or other casualty damage not caused by Tenant (subject however to Tenant’s maintenance obligations) excepted, and shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, reasonable wear and tear excepted, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises, the Building, or the Land by or at Tenant’s request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord’s property and shall remain on the Premises except as provided in the next two sentences, and (4) deliver the Premises in the condition set forth on Exhibit E attached hereto. Provided that Xxxxxx Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, furniture, and furniture other property as Landlord may request. , provided such request is made within thirty (30) days after the end of the Term and provided that the installation or construction of the applicable alteration, improvement, additions, fixture or wiring was not consented to by Landlord in writing (unless at the time of consent, Landlord informed Tenant shall repair all damage caused by that such removalitem would need to be removed upon expiration of the Lease). All items not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16 shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to Landlord on demand damage the Building or unreasonably interfere with other tenants’ use of their premises. Tenant shall, at its expense, repair all damage caused by any and all such charges. The provisions of work performed by Tenant under this paragraph shall survive the expiration or termination of the LeaseSection 16.

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable wear and tear and condemnation and fire or other casualty damage not caused by Tenant (subject however to Tenant's maintenance obligations) excepted, and shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises, the Building or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Xxxxxx Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, furniture, and furniture other property as Landlord may request. , provided such request is made within fifteen (15) days after the end of the Term and provided that the installation or construction of the applicable alteration, improvement, additions, fixture or wiring was not consented to by Landlord in writing (unless at the time of consent, Landlord informed Tenant shall repair all damage caused by that such removalitem would need to be removed upon expiration of the Lease). All items not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay for the costs (if a sale, after deducting proceeds of sale of such items) incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to Landlord on demand damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any and all such charges. The provisions of work performed by Tenant under this paragraph shall survive the expiration or termination of the LeaseSection 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable wear and tear and condemnation and fire or other casualty damage not caused by Tenant (subject however to Tenant's maintenance obligations) excepted, and shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises by or at Tenant's request. Provided that Xxxxxx has performed all of its obligations hereunderAll fixtures, alterations, additions, and improvements shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, furniture, and furniture other property not previously approved by Landlord, as Landlord may request. , provided such request is made within one month after the end of the Term; however, Tenant shall repair all damage caused by such removalnot be required to remove any addition or improvements to the Premises unless Landlord has specifically required in writing at the time of approval in accordance with Section 6 or Exhibit B that the improvement or addition in question must be removed. All items not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16 shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to Landlord on demand damage the Building. Tenant shall, at its expense, repair all damage caused by any and all such charges. The provisions of work performed by Tenant under this paragraph shall survive the expiration or termination of the LeaseSection 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable wear and tear and condemnation and fire or other casualty damage not caused by Tenant (subject however to Tenant's maintenance obligations) excepted, and shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys to the Premises, (3) remove all signage placed on the Premises, the Building, or the Land by or at Tenant's request, and (4) deliver the Premises in the condition set forth on Exhibit E attached hereto. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Xxxxxx Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, furniture, and furniture other property as Landlord may request. , provided such request is made within thirty (30) days after the end of the Term and provided that the installation or construction of the applicable alteration, improvement, additions, fixture or wiring was not consented to by Landlord in writing (unless at the time of consent, Landlord informed Tenant shall repair all damage caused by that such removalitem would need to be removed upon expiration of the Lease). All items not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay to for the costs incurred by Landlord on demand any and all in connection therewith. Any such charges. The provisions disposition shall not be considered a strict foreclosure or other exercise of this paragraph shall survive the expiration or termination Landlord's rights in respect of the Leasesecurity interest granted under Section 26. All work required of Tenant under this Section 16 shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair substantially the same condition existing on the date that this Lease is fully executed and conditiondelivered by Landlord and Tenant, reasonable wear and tear (subject however to Landlord's maintenance obligations) and damage by casualty and condemnation and fire or other casualty damage not caused by Tenant excepted, and shall (2) deliver to Landlord all keys to the Premises. Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may and (3) remove all unattached signage placed on the Premises, the Building, or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises (including the demising wall installed by Tenant pursuant to Section 1[c] above) except as provided in the next two sentences. Tenant shall remove all trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or substantially in part, by Landlord)) as well as any moveable equipment located in the Premises. Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, and furniture property as Landlord may request. Tenant shall repair all damage caused by such removalhave requested in writing at the time of consenting to the same pursuant to the last sentence of Section 6.(a). All items requested to be removed which are not so removed shall within 30 days after the expiration of the Term shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such itemsitems and. If Landlord incurs any cost in the storage or removal of any such items, Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 15.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all applicable Laws, and so as not to Landlord on demand damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any and all such charges. The provisions of work performed by Tenant under this paragraph shall survive the expiration or termination of the LeaseSection 15.(a).

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and conditioncondition in accordance with the Tenant's maintenance obligations, reasonable wear and tear and condemnation and fire or other casualty damage not caused by Tenant exceptedexpected, and shall (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises, or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Xxxxxx Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, furniture, and furniture other property as Landlord may request. , provided such request is made within thirty (30) days after the end of the Term and provided that the installation or construction of the applicable alteration, improvement, additions, fixture or wiring was not consented to by Landlord in writing (unless at the time of consent, Landlord informed Tenant shall repair all damage caused by that such removalitem would need to be removed upon expiration of the Lease). All items not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay to for the costs incurred by Landlord on demand any and all in connection therewith. Any such charges. The provisions disposition shall not be considered a strict foreclosure or other exercise of this paragraph shall survive the expiration or termination Landlord's rights in respect of the Leasesecurity interest granted under Section 26. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage Initials LGH ----------- -------- Date 3/22/00 ----------- -------- the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16(a).

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration or end of the Term, early termination of this Leasethe Term as provided herein or the termination of Tenant’s right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant’s maintenance obligations) and condemnation and damage by fire or other casualty damage not caused by Tenant excepted, and shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, reasonable wear and tear and damage by fire or other casualty excepted (subject, however, to Tenant’s maintenance obligations), (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises, the Building, or the Land by or at Tenant’s request. Provided that Xxxxxx has performed all of its obligations hereunderAll fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord’s property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant and described on Exhibit "C" (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvementsimprovements (except as otherwise provided in Section 6 of this Lease), trade fixtures, equipment, voice and data wiring, furniture, and furniture other property as Landlord may request, provided such request is made not less than thirty (30) days prior to the end of the Term. Notwithstanding anything to the contrary contained herein, Tenant shall repair all damage caused by such removal. All not remove the initial Improvements (as defined in Exhibit “B”).All items so requested to be moved which are not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay to for the reasonable costs incurred by Landlord on demand any and all in connection therewith. Any such charges. The provisions disposition shall not be considered a strict foreclosure or other exercise of this paragraph shall survive the expiration or termination Landlord’s rights in respect of the Lease.security interest granted under Section 26 below. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all applicable Laws, and so as not to damage the Building or unreasonably interfere with other tenants’ use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a). Without limiting the generality of the foregoing, delivery of the Premises in compliance with this Section 16.(a) shall require that Tenant cause the following (which is not an exclusive list) to be true as of the date of surrender:

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and conditioncondition in accordance with Tenant's maintenance obligations, reasonable wear and tear and condemnation and fire or other casualty damage not caused by Tenant excepted, and shall (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises, or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Xxxxxx Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, ,additions, improvements, trade fixtures, equipment, wiring, furniture, and furniture other property as Landlord may request. , provided such request is made within thirty (30) days after the end of the Term and provided that the installation or construction of the applicable alteration, improvement, additions, fixture or wiring was not consented to by Landlord in writing (unless at the time of consent, Landlord informed Tenant shall repair all damage caused by that such removalitem would need to be removed upon expiration of the Lease). All items not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay to for the costs incurred by Landlord on demand any and all in connection therewith. Any such charges. The provisions disposition shall not be considered a strict foreclosure or other exercise of this paragraph shall survive the expiration or termination Landlord's rights in respect of the Leasesecurity interest granted under Section 26. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Premises or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon thereon, other than the Backup Equipment and Tenant's security system, in good repair and conditionin working order, reasonable wear and tear (subject however to Tenant's maintenance obligations) and damage by casualty or condemnation and fire or other casualty damage not caused by Tenant excepted, and shall (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises by or at Tenant's request All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may remove all the Backup Equipment as well as Tenant's security system and all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, furniture, and furniture other property as Landlord may requestrequest unless Landlord has specifically approved in writing the installation thereof and did not indicate to Tenant in writing, when such approval was granted, that Tenant would have to remove the item at the end of the Term. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building. Tenant shall shall, at its expense, repair all damage caused by such removal. All items not so removed shall be deemed to have been abandoned any work performed by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, Tenant shall pay to Landlord on demand any and all such charges. The provisions of under this paragraph shall survive the expiration or termination of the LeaseSection 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. 20.1 (a) No act by Xxxxxxxx Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same it is made in writing and signed by Landlord. At the expiration end of the Term or the termination of this LeaseTenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises "broom-clean" and with all improvements located thereon in good repair and condition, reasonable wear and tear and condemnation and fire or other casualty damage not caused by Tenant (subject however to Tenant's maintenance obligations) excepted, and shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises by or at Tenant's request. Provided that Xxxxxx has performed all of its obligations hereunderAll fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided below. Tenant may remove all unattached trade fixturesfixtures (including the clean room, ultra-pure gas farm area, and ultrapure water farm area), furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, if the Term has not been cancelled in accordance with Section 27 hereof, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring, cabling, furniture, and furniture other property as Landlord may request. Tenant shall repair all damage caused by , provided such removalrequest is made within two months after the end of the Term. All items not so removed shall shall, at the option of Landlord, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at any time, thereafter, without notice to Tenant and without any obligation to account for such items. If Landlord incurs any cost in the storage or removal of any such items, items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to Landlord on demand damage the Premises. Tenant shall, at its expense, repair all damage caused by any and all such charges. The provisions of work performed by Tenant under this paragraph shall survive the expiration or termination of the LeaseSection 16.(a).