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

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, deliver to Landlord all keys to the Premises, and 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. Tenant may remove all trade fixtures, furniture, trade equipment 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, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within sixty (60) days prior to 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 that such item would need to be removed upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 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.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term Upon expiration or the earlier termination of Tenant's right to possess the Premisesthis Lease, Tenant shall deliver surrender to Landlord the Premises with and all of Tenant's improvements located and alterations thereon in good repair and operating order, condition, reasonable and state of repair, clean and free of debris (except for ordinary wear and tear occurring after Tenant's last necessary maintenance, and subject to the provisions of Paragraph 18, relating to the destruction or partial destruction of the Premises), except for alterations and improvements that Tenant is required to remove by written election of the Landlord pursuant to Paragraph 10(e), above. Tenant shall remove all of its personal property and trade fixtures from the Premises prior to the expiration or earlier termination of this Lease. Tenant shall perform at its sole cost and expense all restoration made necessary by its removal of alterations and improvements, personal property, and trade fixtures. Landlord may elect to retain or to dispose of in any manner any alterations or improvements that Tenant is required to remove pursuant to Paragraph 10(e) above, or Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or earlier termination of this Lease by giving at least ten (subject however 10) days written notice to Tenant's maintenance obligations) excepted, and with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, deliver . Title to Landlord all keys to the Premises, and remove all signage placed on the Premises by or at Tenant's request. All fixtures, any such alterations, additionsimprovements, 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 trade fixtures, furniture, trade equipment and or personal property placed that Landlord elects to retain or to dispose of on expiration of the aforesaid ten (10) day period shall vest in the Premises by Landlord. Tenant (but waives all claims against Landlord and Landlord's agents for any damage to Tenant shall not remove resulting from Landlord's retention or disposition of any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, equipmentand/or personal property, wiring, furniture, and other property as Landlord may request, provided such request is made within sixty (60) days prior to 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 that such item would need to be removed upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay be liable to Landlord for Landlord's costs and expenses for storing, removing, and disposing of same, and for the costs incurred cost of restoring the Premises thereafter to the condition required by Landlord in connection therewith. All work required of Tenant under this Section shall be coordinated with Landlord and be done in a good and workmanlike mannersubparagraph (a), 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 Sectionabove.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of Upon the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the PremisesTermination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord the Premises with all improvements located thereon in a clean, good repair and tenantable condition, reasonable ordinary wear and tear (subject however to Tenant's maintenance obligations) exceptedtear, and with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, and remove all signage placed on including any Alterations (collectively, “Leasehold Improvements”) shall remain upon 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. Tenant may remove all trade fixtures, furniture, trade equipment 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, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within sixty (60) days prior to the end of the Term and provided that the installation or construction of the applicable alteration, improvement, additions, fixture or wiring was not consented without compensation to by Landlord in writing (unless at the time of consent, Landlord informed Tenant that such item would need to be removed upon expiration of the Lease)Tenant. All items not so removed shall, at the option of Landlord, be deemed abandoned however, by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant and without any obligation at least 30 days prior to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section shall be coordinated with Landlord and be done in a good and workmanlike mannerTermination Date, in accordance with all Laws, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shallmay require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair all costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any work performed portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant under involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this SectionLease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment equipment, and roof in good working order, condition and repair, (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. Tenant may remove all trade fixtures, furniture, trade of Tenant's furniture and equipment and personal property placed in which is not affixed to the Premises so as to become a fixture (i.e, unattached items and items which are temporarily attached by Tenant (bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), 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, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within sixty (60) 30 days prior to after the end of the Term and provided that the installation or construction of the applicable alterationTerm, improvement, additions, fixture or wiring was not consented to by unless Landlord has specifically agreed in writing (unless at the time of consent, Landlord informed Tenant that such item would items need to not be removed upon expiration of the Lease)so removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items 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 damage the Building or unreasonably interfere with other tenants' use of their premisesBuilding. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this SectionSection 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), and overhead doors and related equipment equipment, and roof in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3A 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. Tenant may remove all trade fixtures, furniture, trade of Tenant's furniture and equipment and personal property placed in which is not affixed to the Premises so as to become a fixture (i.e, unattached items and items which are temporarily attached by Tenant (bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), 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, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within sixty (60) 30 days prior to after the end of the Term and provided that the installation or construction of the applicable alterationTerm, improvement, additions, fixture or wiring was not consented to by unless Landlord has specifically agreed in writing (unless at the time of consent, Landlord informed Tenant that such item would items need to not be removed upon expiration of the Lease)so removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items 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 damage the Building or unreasonably interfere with other tenants' use of their premisesBuilding. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this SectionSection 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender Upon the expiration of the PremisesTerm of this Lease including any extension periods, Tenant shall surrender to Landlord the Premises and all Improvements and/or Alterations (as defined in Paragraph 14 below) in reasonable condition, except for ordinary wear and tear, and no agreement Alterations Tenant has the right or is obligated to accept a surrender remove, if any, under the provisions of Paragraph 14 herein. Tenant shall not be required to remove or restore at the expiration or earlier termination of this Lease (i) any of the initial Tenant Improvements constructed prior to the Rent Commencement Date, Tenant's cabling of the Premises or (iii) any Alterations which are typical office or warehouse improvements (provided the parties hereto agree that any office improvements constituting greater than 3.75% of the total square footage of the Premises shall not be valid unless it is in writing and signed by Landlorddeemed typical). At Subject to Paragraph 14, before the end expiration of the Term or the termination of Tenant's right to possess the PremisesTerm, Tenant shall deliver to Landlord remove all personal property, and shall perform all restoration made necessary by the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to removal of any Alterations or Tenant's maintenance obligations) exceptedpersonal property before the expiration of the Term, and with the HVAC System and hot water equipmentincluding, light and light fixtures (including ballasts)for example, and overhead doors and related equipment in good working order, deliver restoring all damaged wall surfaces to Landlord all keys their condition prior to the Premises, and remove all signage placed on the Premises by removal of such Alterations or at personal property. Landlord may elect to retain or dispose of in any manner 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. Tenant may remove all trade fixtures, furniture, trade equipment and personal property placed in not removed from 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, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within sixty (60) days prior to 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 that such item would need to be removed upon expiration of the Lease)Term. All items Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of Tenant's personal property that has not so been removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed prior to the expiration of by Landlord without notice to Tenant and without any obligation to account for such items and the Term. Tenant shall pay be liable to Landlord for the Landlord's actual and reasonable costs incurred by Landlord in connection therewithfor storage, removal or disposal of Tenant's personal property. All work required of Tenant under this Section 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.EXHIBIT 10.6

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of Upon the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the PremisesTermination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord the Premises with all improvements located thereon in a clean, good repair and tenantable condition, reasonable ordinary wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, . Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, and remove all signage placed on including any Alterations (collectively, “Leasehold Improvements”) shall remain upon 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. Tenant may remove all trade fixtures, furniture, trade equipment 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, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within sixty (60) days prior to the end of the Term and provided that the installation or construction of the applicable alteration, improvement, additions, fixture or wiring was not consented without compensation to by Landlord in writing (unless at the time of consent, Landlord informed Tenant that such item would need to be removed upon expiration of the Lease)Tenant. All items not so removed shall, at the option of Landlord, be deemed abandoned however, by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant and without any obligation concurrently with Landlord’s consent to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section shall be coordinated with Landlord and be done in a good and workmanlike mannerAlteration, in accordance with all Laws, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shallmay require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that either (i) Landlord has informed Tenant that such Alterations are conditioned on Tenant’s removal, or (ii) in Landlord’s reasonable judgment, are of a nature that would require removal and repair all costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Tenant shall not be required to remove any of the Landlord Work. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural and utility alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage to the Building caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any work performed portion of the Alteration is a Required Removable. If any of the Tenant Additions which were installed by Tenant under this Sectioninvolved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then prior to vacating the Premises, Tenant shall also be obligated to return such surfaces to the condition they were in at the commencement of the Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. Tenant shall pay to Landlord the cost of such work on demand, plus interest at the rate of ten percent (10%) per year.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term expiration or the termination of Tenant's right to possess the Premisesthis Lease, Tenant shall deliver to Landlord the Premises with all improvements located thereon therein in good repair and condition, broom-clean, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, and 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. Tenant may remove all unattached trade fixtures, furniture, trade equipment and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord)Tenant. Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, furnitureconduits, cabling and other property furniture as Landlord may request, provided and repair all damage caused by such request is made within sixty (60) days prior to 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 that such item would need to be removed upon expiration of the Lease)removal. All items not so removed shall, at the option of Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Tenant and without any obligation to account for such items items. The provisions of this Section shall survive the expiration or earlier termination of the Lease. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over, Tenant shall pay, in addition to the other Rent, Base Rent equal to one hundred fifty percent (150%) of the Base Rent payable during the last month of the Term and Tenant shall pay for the costs incurred by Landlord in connection therewithotherwise continue to be subject to all of Tenant’s obligations under this Lease. All work required The provisions of Tenant under this Section shall not be coordinated with deemed to limit or constitute a waiver of any other rights or remedies of Landlord and be done in a good and workmanlike mannerprovided herein or at Law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in accordance with addition to any other liabilities to Landlord accruing there from, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Lawsloss, costs, including reasonable attorneys’ fees, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shallliability resulting from such failure, at its expense, repair all damage caused including any claims made by any work performed by Tenant under this Sectionsucceeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting there from.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender Upon expiration of the PremisesTerm, and no agreement to accept a Xxxxxx shall surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall deliver to Landlord the Premises with and all Tenant improvements located thereon and alterations in good repair and condition, reasonable except for ordinary wear and tear (subject however and alterations Tenant has the right or is obligated to remove under the provisions of Section 14 herein. Tenant shall remove all personal property including, without limitation, all data and phone wires, wallpaper, paneling and other decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any alterations or Tenant's maintenance obligations) exceptedpersonal property before the expiration of the term, and with the HVAC System and hot water equipmentincluding for example, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, deliver restoring all wall surfaces to Landlord all keys their condition prior to the Premises, and remove all signage placed on the Premises by commencement of this Lease. Landlord can elect to retain or at Tenantdispose of in any manner Xxxxxx'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. Tenant may remove all trade fixtures, furniture, trade equipment and personal property placed in not removed from the Premises by Tenant (but prior to the expiration of the term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Xxxxxxxx's retention or disposition of Xxxxxx's personal property. Tenant shall not remove be liable to Landlord for Landlord's cost for storage, removal or disposal of Tenant's personal property. If Xxxxxx, with Xxxxxxxx's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such item which was paid for, in whole or in partpossession by Tenant shall be deemed to be a month-to-month tenancy terminable as provided under Washington law, by Landlord)either party. AdditionallyAll provisions of this Lease, except those pertaining to term and Rent, shall apply to the month-to-month tenancy. During any holdover term, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within sixty (60) days prior pay Base Monthly Rent in an amount equal to 150% of Base Monthly Rent for the end last full calendar month during the regular term plus 100% of Tenant's share of Expenses pursuant to Section 4(b)(3). If Xxxxxx fails to surrender possession of the Term Premises upon termination or expiration of this Lease and provided that the installation or construction of the applicable alterationif Tenant does not obtain Landlord’s written consent to Xxxxxx’s continued occupancy, improvement, additions, fixture or wiring was not consented then Tenant shall be deemed a trespasser and shall be liable to Landlord for all damages sustained by Landlord in writing (unless as a result thereof, together with Base Rate at a rate double the time of consent, Landlord informed Tenant that such item would need to be removed upon expiration of the Lease)Latest Rate. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 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 Section27.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender Upon expiration of the Premisesterm, and no agreement to accept a Txxxxx shall surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall deliver to Landlord the Premises with and all Tenant improvements located thereon and alterations in good repair and condition, reasonable except for ordinary wear and tear (subject however and alterations Tenant has the right or is obligated to remove under the provisions of Section 14 herein. Tenant shall remove all personal property including, without limitation, all data and phone wires, wallpaper, paneling and other decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any alterations or Tenant's maintenance obligations) exceptedpersonal property before the expiration of the term, and with the HVAC System and hot water equipmentincluding for example, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, deliver restoring all wall surfaces to Landlord all keys their condition prior to the Premises, and remove all signage placed on the Premises by commencement of this Lease. Landlord can elect to retain or at Tenantdispose of in any manner Txxxxx'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. Tenant may remove all trade fixtures, furniture, trade equipment and personal property placed in not removed from the Premises by Tenant (but prior to the expiration of the term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Lxxxxxxx's retention or disposition of Txxxxx's personal property. Tenant shall not remove be liable to Landlord for Landlord's cost for storage, removal or disposal of Tenant's personal property. If Txxxxx, with Lxxxxxxx's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such item which was paid for, in whole or in partpossession by Tenant shall be deemed to be a month-to-month tenancy terminable as provided under Washington law, by Landlord)either party. AdditionallyAll provisions of this Lease, except those pertaining to term and Rent, shall apply to the month-to-month tenancy. During any holdover term, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within sixty (60) days prior pay Base Monthly Rent in an amount equal to 150% of Base Monthly Rent for the end last full calendar month during the regular term plus 100% of Tenant's share of Expenses pursuant to Section 4(b)(3). If Txxxxx fails to surrender possession of the Term Premises upon termination or expiration of this Lease and provided that the installation or construction of the applicable alterationif Txxxxx does not obtain Lxxxxxxx's written consent to Txxxxx's continued occupancy, improvement, additions, fixture or wiring was not consented then Tenant shall be deemed a trespasser and shall be liable to Landlord for all damages sustained by Landlord in writing (unless as a result thereof, together with Base Rate at a rate double the time of consent, Landlord informed Tenant that such item would need to be removed upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 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 SectionLatest Rate.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender Tenant agrees on the last day of the PremisesTerm, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (normal wear and tear excepted), including without limitation: 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 and out; the air conditioning and heating systems serviced by a reputable and licensed service firm, left in good operating condition and repair relative to its age 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; the lawn, shrubs and trees in good condition including the replacement of any dead or damaged plantings; the sidewalk, driveways and parking areas in good order, condition and repair, any damaged surface or other portion having been repaired or replaced, together with all alterations, additions, and no agreement to accept a surrender of improvements which may have been made in, to, or on the Premises shall be valid unless it is in writing and signed by Landlord(except moveable trade fixtures installed at the expense of Tenant). At If Tenant fails to surrender xxx Xremises at the end of the Term or the other sooner termination of Tenant's right to possess the Premisesthis Lease, then Tenant shall deliver to indemnify Landlord against loss or liability resulting from the Premises with all improvements located thereon delay by Tenant in good repair and conditionso surrendering xxx Xremises, reasonable wear and tear (subject however to Tenant's maintenance obligations) exceptedincluding, and with without limitation, any claims made by any succeeding tenant founded on such delay. No act of conduct of Landlord, whether consisting of the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, deliver to Landlord all acceptance of the keys to the Premises, and remove all signage placed on the Premises by or at Tenant's request. All fixturesotherwise, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on deemed to be or constitute an acceptance of the Premises except as provided in the next two sentences. Tenant may remove all trade fixtures, furniture, trade equipment and personal property placed in surrender of 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, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within sixty (60) days prior to the end expiration of the Term hereof, and provided that the installation or construction of the applicable alteration, improvement, additions, fixture or wiring was not consented to acceptance by Landlord in writing (unless at of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary or other surrender of this Lease or the time Premises by Tenant or a mutual cancellation of consent, Landlord informed Tenant that such item would need to be removed upon expiration of the Lease). All items this Lease shall not so removed shallwork as a merger and, at the option of Landlord, be deemed abandoned by Tenant and shall either terminate all existing subleases or operate as an assignment or attornment to Landlord of such subleases as Landlord may be appropriatedelect to retain. After the expiration or earlier termination of this Lease, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord in connection therewith. All work to Tenant, any quitclaim deed or other document required of Tenant under this Section 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 reputable title company, licensed to operation in the State of California, to remove the cloud or encumbrance created by Tenant under this SectionLease from the real property containing the Premises.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender Upon expiration of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the PremisesTerm, Tenant shall deliver surrender to Landlord the Premises with and all improvements located thereon and alterations in good repair and condition, reasonable except for casualty damage and ordinary wear and tear (subject however and alterations Tenant is obligated to Tenant's maintenance obligations) excepted, remove under the provisions of Section 12 herein and with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, deliver to Landlord all keys pursuant to the Premises, Work Letter Agreement attached hereto as Exhibit “C”. “Ordinary wear and remove all signage placed on the Premises tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice 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. Tenant may remove all trade fixtures, furniture, trade equipment 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)performing all of its obligations under this Lease. Additionally, Tenant shall remove such alterationsupon the expiration or earlier termination of this Lease, additions, improvements, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within sixty (60) days prior to 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 that such item would need to be removed upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay Landlord for the costs incurred by Landlord to remove any of Tenant’s signage. Tenant shall remove all 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 Term, including for example, restoring all wall surfaces to a patched and “paint ready” condition. Landlord can elect to retain or dispose of in connection therewithany manner Tenant’s personal property not removed from the Premises by Tenant prior to the expiration of the Term. All work required Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of Tenant’s personal property. Tenant under this Section shall be coordinated with liable to Landlord and be done in a good and workmanlike mannerfor Landlord’s costs for storage, in accordance with all Lawsremoval or disposal of Tenant’s personal property. Upon the expiration or earlier termination of this Lease, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its Landlord’s sole option and at Tenant’s sole cost and expense, repair either (i) remove all Building Cable existing within the Premises and within the common ducts and shafts of the Building, using all necessary care in removing such Building Cable in order to avoid any damage caused to the Building, or (ii) not remove all or any portion of the Building Cable, provided that Tenant shall leave any such Building Cable clearly labeled and in good working order with all connections intact. If Tenant, with Landlord’s written consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by any work performed Landlord to Tenant terminating this Lease, such possession by Tenant under shall be deemed to be a month-to-month tenancy terminable on written thirty (30)-day notice at any time, by either party. All provisions of this SectionLease, except those pertaining to term and rent, shall apply to the month-to-month tenancy, except Tenant shall pay monthly rent in an amount equal to two hundred percent (200%) of Base Monthly Rent for the last full calendar month during the regular term plus one hundred percent (100%) of all Additional Rent.

SURRENDER OF PREMISES; HOLDING OVER. Upon the expiration of the Term of this Lease including any extension periods, Tenant shall surrender to Landlord the Premises and all Tenant Improvements and/or alterations in good condition, except for (ai) No act by Landlord ordinary wear and tear, (ii) the effects of casualty or condemnation (except as provided hereunder), (iii) Hazardous Materials that are not the responsibility of Tenant hereunder, and (iv) alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 14 herein; provided, however, Tenant acknowledges and agrees that Tenant shall be an acceptance required, at its sole cost and expense, to remove all of a surrender Tenant’s Work (with the exception of the PremisesNon-Removal Items defined below) from the Premises if requested by Xxxxxxxx in its sole and absolute discretion. Subject to Paragraph 14, Tenant shall perform all restoration made necessary by the removal of any alterations or Tenant’s personal property before the expiration of the Term, including, for example, restoring all wall surfaces to their condition prior to the commencement of this Lease. Landlord may elect to retain or dispose of in any manner Tenant’s personal property not removed from the Premises by Tenant prior to the expiration of the Term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Xxxxxxxx’s retention or disposition of Xxxxxx’s personal property. Tenant shall be liable to Landlord for Landlord’s costs for storage, removal or disposal of Tenant’s personal property. Notwithstanding anything to the contrary contained in this Lease, any trade fixtures, cranes and no agreement other operations related equipment or conveyances installed by Tenant (whether bolted to accept a surrender the floor, attached to process piping or attached by venting, ducting or other similar appurtenances to the Building) shall at all times be and remain the sole property of Tenant and Tenant can remove such equipment from the Premises at any time so long as Tenant repairs alt damage to the Premises caused by such removal to Landlord’s reasonable satisfaction. For purposes of this Paragraph above, the term “Non-Removal Items” shall be deemed to mean the following portions of Tenant’s Work: Roof Replacement Work, Immediate Occupancy/Seismic Work, Transformer Work and HVAC Chiller Replacement Work. If Xxxxxx, with Xxxxxxxx’s consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be valid unless it is deemed to be a month-to-month tenancy terminable on written thirty (30) day notice at any time, by either party. All provisions of this Lease, except those pertaining to Term and rent, shall apply to the month-to-month tenancy. During such month-to-month tenancy, Tenant shall pay monthly rent in writing and signed an amount equal to 150% of Basic Rent for the last full calendar month during the immediately preceding Term plus 100% of additional rent as provided in Paragraph 11 (Taxes), Paragraph 13 (Maintenance), Paragraph 16 (Insurance), subject to increase as provided therein. Any such holdover rent shall be paid on a per month basis without reduction for partial months during the holdover. Acceptance by LandlordLandlord of rent after such expiration or earlier termination shall not constitute consent to a hold over hereunder or result in an extension of this Lease. At This paragraph shall not be construed to create any express or implied right to holdover beyond the end expiration of the Term or any extension thereof. If Xxxxxx fails to surrender the Premises after expiration or termination of Tenant's right to possess the PremisesTerm, Tenant shall deliver indemnify, defend and hold harmless Landlord from all reasonably foreseeable loss or liability, including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant founded on or resulting from Xxxxxx’s failure to surrender and losses to Landlord due to lost opportunities to lease any portion of the Premises with all improvements located thereon in good repair and conditionto succeeding tenants, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, deliver to Landlord all keys to the Premises, and 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. Tenant may remove all trade fixtures, furniture, trade equipment and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid fortogether with, in whole or in parteach case, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, actual attorneys’ fees and other property as Landlord may request, provided such request is made within sixty (60) days prior to 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 that such item would need to be removed upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 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 Sectioncosts.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's ’s right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's ’s maintenance obligations) and damage by casualty or condemnation excepted, and 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 Premises, the Building, or the Land by or at Tenant's ’s request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's ’s property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all trade fixtures, furniture, trade equipment 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 the UPS System and the Generator & Diesel Tank and such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property from the Premises or such other property in the Project installed or owned by a Tenant Party as Landlord may request, provided such request is made within sixty (60) 20 days prior to after the end of the Term and provided Term; however, Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing that the installation improvement or construction of the applicable alteration, improvement, additions, fixture or wiring was addition in question need not consented to by Landlord in writing (unless at the time of consent, Landlord informed Tenant that such item would need to be removed upon expiration of the Lease)removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security 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 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 SectionSection 16.(a).

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term expiration or the termination of Tenant's right to possess the Premisesthis Lease, Tenant shall deliver to Landlord the Premises with all improvements located thereon therein in good repair and conditionthe condition the same were in as of the Commencement Date, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, shall deliver to Landlord all keys to the Premises, and 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. Tenant may remove all equipment, attached or unattached trade fixtures, furniture, trade equipment and personal property property, equipment, wiring, conduits and cabling placed in the Premises or elsewhere in the Building by Tenant (but so long as Tenant shall not remove any repairs all damage caused by such item which was paid forremoval and, in whole or in partto the extent required under Section 8.2 of this Lease, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, furnitureconduits, cabling and other property furniture as Landlord may request, provided and repair all damage caused by such request is made within sixty (60) days prior to 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 that such item would need to be removed upon expiration of the Lease)removal. All items not so removed shall, at the option of Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Tenant and without any obligation to account for such items items. The provisions of this Article shall survive the expiration or earlier termination of this Lease. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance and Tenant shall, in addition to Additional Rent and other charges under this Lease, owe Base Rent equal to one hundred fifty percent (150%) of the Base Rent payable during the last month of the Term, and Tenant shall pay otherwise continue to be subject to all of Tenant’s obligations under this Lease and in addition shall be liable for any court costs, legal costs and reasonable attorneys fees that Landlord incurs as a result of Tenant’s holding over. The provisions of this Article shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at Law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing there from, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs, including reasonable attorneys’ fees, and liability resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting there from. After the thirtieth (30th) day of any holdover of the Premises by Tenant, and notwithstanding the above or any other provision of this Lease to the contrary, Tenant shall be liable for consequential damages and any other damages permitted under this Lease or at Law, direct or otherwise, to Landlord in the event Tenant fails to vacate the Premises within sixty (60) days after Landlord notifies Tenant that Landlord has entered into a lease for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section shall be coordinated with Landlord and be done in Premises or has received a good and workmanlike manner, in accordance with all Lawsbona fide offer to lease the Premises, and so as not that Landlord will be unable to damage deliver possession, or perform improvements, due to Tenant’s holdover. Such sixty (60) day notice period may run concurrently with the Building or unreasonably interfere with other tenants' use initial thirty (30) days of their premises. any Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Sectionholdover.

SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall (1) deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and 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 Premises, the Building, or the Land by or at Tenant's request. All Building 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 Tenant has performed all of its obligations hereunder, Tenant may remove all equipment, trade fixtures, furniture, trade equipment 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). For purposes of clarification of the foregoing, Landlord agrees that Tenant may remove any equipment used in Tenant’s business operations from the Premises. Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within sixty thirty (6030) days prior to 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 that such item would need to be removed upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security 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 SectionSection 16.

SURRENDER OF PREMISES; HOLDING OVER. Upon the expiration of the Term of this Lease including any extension periods, Tenant shall surrender to Landlord the Premises and all Tenant Improvements and/or alterations in good condition, except for ordinary wear and tear, alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 14 herein and any other restoration that is then prohibited by applicable law, e.g., Tenant shall not be required to restore any mezzanine space removed from the Premises if the then current parking ratios required under applicable law prohibit such restoration; provided, however, Tenant acknowledges and agrees that, unless otherwise agreed to in writing by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, be required, at its sole cost and expense, to (a) No act by Landlord shall be an acceptance remove all of a surrender of Tenant’s Work from the Premises, and no agreement (ii) restore the Premises and any improvements thereto that were removed or altered during the Term, including, without limitation, any office area and/or mezzanine area located within the Building on the Commencement Date, to accept the condition existing as of the date of this Lease. Subject to Paragraph 14, Tenant shall remove all 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 Term, including, for example, restoring all wall surfaces to their condition prior to the commencement of this Lease, ordinary wear and tear and damage resulting from a surrender casualty (provided such casualty is not the result of any Tenant Party’s negligence or willful misconduct) excepted. Landlord may elect to retain or dispose of in any manner Tenant’s personal property not removed from the Premises by Tenant prior to the expiration of the Term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of Tenant’s personal property. Tenant shall be liable to Landlord for Landlord’s actual and reasonable costs for storage, removal or disposal of Tenant’s personal property. If Tenant, with Landlord’s consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be valid unless it is deemed to be a month-to-month tenancy terminable on written thirty (30) day notice at any time, by either party. All provisions of this Lease, except those pertaining to Term and rent, shall apply to the month-to-month tenancy. During such month-to-month tenancy, Tenant shall pay monthly rent in writing and signed an amount equal to 150% of Basic Rent for the last full calendar month during the immediately preceding Term plus 100% of additional rent as provided in Paragraph 11 (Taxes), Paragraph 13 (Maintenance), Paragraph 16 (Insurance), subject to increase as provided therein; provided, however, during the first thirty (30) days of any such month-to-month tenancy, the above reference to “150%” shall be changed to a reference to “125%”. Any such holdover rent shall be paid on a per month basis without reduction for partial months during the holdover. Acceptance by LandlordLandlord of rent after such expiration or earlier termination shall not constitute consent to a hold over hereunder or result in an extension of this Lease. At This paragraph shall not be construed to create any express or implied right to holdover beyond the end expiration of the Term or the termination of any extension thereof. If Tenant's right , without Landlord’s written consent to possess remain in the Premises, Tenant shall deliver fails to Landlord surrender the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with after expiration or termination of the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, deliver to Landlord all keys to the Premises, and 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. Tenant may remove all trade fixtures, furniture, trade equipment 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). AdditionallyTerm, Tenant shall remove such alterationsindemnify, additionsdefend and hold harmless Landlord from all loss or liability, improvementsincluding, fixtureswithout limitation, equipment, wiring, furniture, any loss or liability resulting from any claim against Landlord made by any succeeding tenant founded on or resulting from Tenant’s failure to surrender and other property as losses to Landlord may request, provided such request is made within sixty (60) days prior due to the end lost opportunities to lease any portion of the Term and provided that the installation or construction of the applicable alterationPremises to succeeding tenants, improvement, additions, fixture or wiring was not consented to by Landlord in writing (unless at the time of consent, Landlord informed Tenant that such item would need to be removed upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section shall be coordinated with Landlord and be done in a good and workmanlike mannertogether with, in accordance with all Lawseach case, actual attorneys’ fees 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 Sectioncosts.