Common use of Acceptance of Possession and Covenants to Surrender Clause in Contracts

Acceptance of Possession and Covenants to Surrender. A. Landlord’s Work Tenant is currently in occupancy of the Premises pursuant to the Existing Lease. Effectively immediately upon the Effective Date, Landlord shall be deemed to have delivered the Premises to Tenant, and Tenant shall be deemed to have accepted such delivery, pursuant to this Lease. B. Condition Upon Surrender: Tenant further agrees on the expiration or sooner termination of this Lease, to surrender the Premises to Landlord in broom clean and good condition and repair, normal wear and tear and casualty excepted (subject to Section 16 below). As used in this Lease, “normal wear and tear” shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the commercially reasonable standards for maintenance, repair, replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. Notwithstanding this Section 7.B above, Tenant shall cause the following to be done prior to the expiration or sooner termination of this Lease to the extent Tenant is not required to remove any of the following pursuant to other provisions of this Lease: (i) all cabling placed above the ceiling by Tenant or Tenant’s contractors shall be removed, (ii) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair, which condition shall be so certified by such firm, and (iii) the plumbing and electrical systems and lighting shall be placed in good order and repair. On or before the expiration or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and trade fixtures not so removed before the expiration or sooner termination of the Lease shall be deemed to have been abandoned by Tenant. On or before the expiration or sooner termination of this Lease, Tenant shall also have removed all the Pad Improvements and restored the areas affected by the installation and removal of the Pad Improvements the condition existing before installation (including without limitation removal of any pad upon which any Pad Improvements are installed), at Tenant’s sole cost and expense (subject to this Section below relating to compliance with building codes and Laws then in effect). As to Alterations for which Landlord’s consent was not obtained, Tenant shall ascertain from Landlord not more than one (1) year and not less than ninety (90) days before the expiration or sooner termination of this Lease whether Landlord desires to have any such Alterations removed and the Premises or any parts thereof restored to the condition existing immediately prior to the date such Alterations were made (in which case Tenant shall be required to perform such work and restore the Premises as described below), or to cause Tenant to surrender all such Alterations in place to Landlord; provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date or to remove any Tenant Improvements performed before the Outside Disbursement Date for which Landlord’s consent has been obtained (other than Pad Improvements, and other trade fixtures and Specialized Tenant Improvements (other than rack/server lab(s) and the cabling and wiring for the rack/server labs), all of which shall be removed by Tenant prior to expiration or sooner termination of this Lease). In addition, if at the time Tenant obtains Landlord’s consent to any Alterations, other than the Tenant Improvements, Landlord advises Tenant that any such Alterations must be removed and the Premises restored to the condition existing before such Alterations were made, then Tenant shall be required to surrender the Premises in that condition at expiration or sooner termination of the Lease (subject to this Section below relating to compliance with building codes and Laws then in effect); provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date. Tenant’s repair and restoration obligation under this Section 7.B shall include causing the Premises to be brought into compliance with all applicable building codes and other Laws in effect at the time of the removal, repair and restoration to the extent such compliance is necessitated by the removal, repair and restoration work. The foregoing provisions relating to Alterations for which Landlord’s consent was not obtained shall in no event be construed as giving Tenant the right to do any Alterations without Landlord’s consent.

Acceptance of Possession and Covenants to Surrender. A. Landlord’s Work Tenant is currently in occupancy of the Premises pursuant to the Existing Lease. Effectively immediately upon the Effective agrees on Expiration Date, Landlord shall be deemed to have delivered the Premises to Tenant, and Tenant shall be deemed to have accepted such delivery, pursuant to this Lease. B. Condition Upon Surrender: Tenant further agrees or on the expiration or sooner termination of this Lease, to surrender the Premises to Landlord in broom clean and good condition and repair, normal wear and tear and casualty excepted (subject to Section 16 below). As used in this Lease, “normal reasonable wear and tear, actions of Landlord or Landlord’s Parties, or damage due to casualty excepted. “Good Condition” shall mean that the interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and carpeting will be construed to mean wear cleaned and tear caused to the Premises by the natural aging process which occurs in spite free of prudent application of the commercially reasonable standards for maintenance, repair, replacement, and janitorial practices, and does not include items of neglected or deferred maintenanceany major defacements. Notwithstanding this Section 7.B above, Tenant shall cause the following to be done prior to the expiration or sooner termination of this Lease to the extent Tenant is not required to remove any of the following pursuant to other provisions of this Lease: (i) all cabling placed above the ceiling by Tenant or Tenant’s contractors shall be removed, (ii) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair, which condition shall be so certified by such firm, and (iii) the plumbing and electrical systems and lighting shall be placed in good order and repair. On on or before the expiration Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All , and all property and trade fixtures not so removed before the expiration or sooner termination of the Lease shall be deemed to have been be abandoned by Tenant. On Tenant shall ascertain from Landlord at the time Tenant desires to make any Alteration (including Permitted Alterations), whether Landlord desires to have such Alteration removed at the Expiration Date or to cause Tenant to surrender the Alteration to Landlord. If Landlord so notifies Tenant in writing within fifteen (15) days after Tenant’s notice to Landlord that Tenant intends to alter the Building, then Tenant shall remove such Alteration, as Landlord may require in such written notice, and shall repair and restore said Building or such part or parts thereof before the expiration or sooner termination of this Lease, Tenant shall also have removed all the Pad Improvements and restored the areas affected by the installation and removal of the Pad Improvements the condition existing before installation (including without limitation removal of any pad upon which any Pad Improvements are installed), Expiration Date at Tenant’s sole cost and expense expense. If Landlord has not provided Tenant with such written notice within said fifteen (subject 15) days period, then Tenant shall have no obligation to remove such Alteration from the Premises upon the Expiration Date or earlier termination of this Section below relating to compliance with building codes and Laws then in effect)Lease. As to Alterations for which Landlord’s consent was not obtainedNotwithstanding the terms of this Article 8, Tenant shall ascertain from Landlord not more than one (1) year and not less than ninety (90) days before the expiration or sooner termination of this Lease whether Landlord desires to have any such Alterations removed and the Premises or any parts thereof restored to the condition existing immediately prior to the date such Alterations were made (in which case Tenant shall be required to perform such work and restore the Premises as described below), or to cause Tenant to surrender all such Alterations in place to Landlord; provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date or an obligation to remove any Tenant Improvements performed before the Outside Disbursement Date for which Landlord’s consent has been obtained (other than Pad Improvements, and other trade fixtures and Specialized Tenant Improvements (other than rack/server lab(s) and the cabling and wiring for the rack/server labs), all of which shall be removed by Tenant installed prior to expiration or sooner termination the first anniversary of this Lease). In addition, if at the time Tenant obtains Landlord’s consent to any Alterations, other than the Tenant Improvements, Landlord advises Tenant that any such Alterations must be removed and Commencement Date from the Premises restored to the condition existing before such Alterations were made, then Tenant shall be required to surrender the Premises in that condition at expiration or sooner termination of the Lease (subject to this Section below relating to compliance with building codes and Laws then in effect); provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date. Tenant’s repair and restoration obligation under this Section 7.B shall include causing the Premises to be brought into compliance with all applicable building codes and other Laws in effect at the time of the removal, repair and restoration to the extent such compliance is necessitated by the removal, repair and restoration work. The foregoing provisions relating to Alterations for which Landlord’s consent was not obtained shall in no event be construed as giving Tenant the right to do any Alterations without Landlord’s consenttime.

Acceptance of Possession and Covenants to Surrender. A. Landlord’s Work By entry hereunder, Tenant is currently in occupancy of accepts the Premises pursuant as being in good and sanitary order, condition and repair and accepts the Building and the other improvements in their present condition, except for Tenant's "punch list" of incomplete and/or improper work, which Tenant shall submit to Landlord within thirty (30) days after Landlord notifies Tenant that the Existing LeasePremises are ready for occupancy. Effectively immediately upon the Effective The Tenant agrees on Expiration Date, Landlord shall be deemed to have delivered the Premises to Tenant, and Tenant shall be deemed to have accepted such delivery, pursuant to this Lease. B. Condition Upon Surrender: Tenant further agrees or on the expiration or sooner termination of this Lease, to surrender the Premises to Landlord in broom clean and good condition and repair, normal reasonable wear and tear excepted. "Good condition" shall mean that the interior walls, floors, suspended ceilings, and casualty excepted (subject carpeting within the Premises will be cleaned to Section 16 below). As used in this the same condition as existed at the commencement of the Lease, “normal wear and tear” shall be construed to mean reasonable wear and tear caused excepted. Tenant agrees, at its sole cost, to remove all phone and data cabling from the suspended ceiling and repair or replace broken ceiling tiles, and re-level the ceiling, if required, so as to be as level as when Tenant took possession of the Premises. Tenant shall ascertain from Landlord within thirty (30) days before the Expiration Date whether Landlord desires to have the Premises by the natural aging process which occurs in spite of prudent application or any part or parts thereof restored to their condition as of the commercially reasonable standards for maintenanceCommencement Date or to cause Tenant to surrender all Alterations (as defined in Paragraph 10) in place to Landlord. If Landlord shall so desire and has previously notified Tenant at the time the Alterations were made, repair, replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. Notwithstanding this Section 7.B above, then Tenant shall cause remove such Alterations as Landlord may require and shall repair and restore said Premises or such part or parts thereof before the following to be done prior to the expiration or sooner termination of this Lease to the extent Expiration Date at Tenant's sole cost and expense. Tenant is not required to remove any of the following pursuant to other provisions of this Lease: (i) all cabling placed above the ceiling by Tenant or Tenant’s contractors shall be removed, (ii) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair, which condition shall be so certified by such firm, and (iii) the plumbing and electrical systems and lighting shall be placed in good order and repair. On on or before the expiration Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All , and all property and trade fixtures not so removed before the expiration or sooner termination of the Lease shall be deemed to have been be abandoned by Tenant. On or before If the expiration or sooner termination of this Lease, Tenant shall also have removed all Premises are not surrendered at the Pad Improvements and restored the areas affected by the installation and removal of the Pad Improvements the condition existing before installation (including without limitation removal of any pad upon which any Pad Improvements are installed), at Tenant’s sole cost and expense (subject to this Section below relating to compliance with building codes and Laws then in effect). As to Alterations for which Landlord’s consent was not obtained, Tenant shall ascertain from Landlord not more than one (1) year and not less than ninety (90) days before the expiration Expiration Date or sooner termination of this Lease whether in the condition required by this paragraph, Tenant shall indemnify, defend, and hold harmless Landlord desires to have any such Alterations removed and against loss or liability resulting from delay by Tenant in so surrendering the Premises or including, without limitation, any parts thereof restored to the condition existing immediately prior to the date claims made by any succeeding tenant founded on such Alterations were made (in which case Tenant shall be required to perform such work and restore the Premises as described below), or to cause Tenant to surrender all such Alterations in place to Landlord; provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date or to remove any Tenant Improvements performed before the Outside Disbursement Date for which Landlord’s consent has been obtained (other than Pad Improvements, and other trade fixtures and Specialized Tenant Improvements (other than rack/server lab(s) and the cabling and wiring for the rack/server labs), all of which shall be removed by Tenant prior to expiration or sooner termination of this Lease). In addition, if at the time Tenant obtains Landlord’s consent to any Alterations, other than the Tenant Improvements, Landlord advises Tenant that any such Alterations must be removed and the Premises restored to the condition existing before such Alterations were made, then Tenant shall be required to surrender the Premises in that condition at expiration or sooner termination of the Lease (subject to this Section below relating to compliance with building codes and Laws then in effect); provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date. Tenant’s repair and restoration obligation under this Section 7.B shall include causing the Premises to be brought into compliance with all applicable building codes and other Laws in effect at the time of the removal, repair and restoration to the extent such compliance is necessitated by the removal, repair and restoration work. The foregoing provisions relating to Alterations for which Landlord’s consent was not obtained shall in no event be construed as giving Tenant the right to do any Alterations without Landlord’s consentdelay.

Acceptance of Possession and Covenants to Surrender. A. Landlord’s Work Tenant is currently in occupancy On the date Landlord tenders possession for the commencement of the Premises pursuant to the Existing Lease. Effectively immediately upon the Effective DateEarly Access Period, Landlord shall be deemed deliver the keys to have delivered the Premises to Tenant, Tenant and Tenant shall accept possession from Landlord. Landlord shall reimburse Tenant for the costs incurred by Tenant to put the HVAC system in good condition and repair, as detailed in an inspection report to be deemed issued by Therma Mechanical within 150 days prior to have accepted such deliverythe Commencement Date. During the first year of the Lease Term, pursuant Tenant intends to this Lease. B. Condition Upon Surrender: make certain modifications (“Initial Improvements”) to the Premises. Tenant further shall comply with the provisions of Lease paragraph 9 in its construction of the Initial Improvements. The Tenant agrees on the expiration Expiration Date, or on the sooner termination of this Lease, to surrender the Premises to Landlord in broom clean and good condition and repair, reasonable wear and tear excepted. “Good condition” shall mean that the interior walls, floors, suspended ceilings, and carpeting within the Premises will be cleaned to the same condition as existed at completion of the Initial Improvements, normal wear and tear excepted. Tenant agrees, at its sole cost, to remove all phone and casualty excepted (subject to Section 16 below). As used in this Lease, “normal wear data cabling installed by Tenant from the suspended ceiling and tear” shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the commercially reasonable standards for maintenance, repair, replacementrepair or replace broken ceiling tiles, and janitorial practicesrelevel the ceiling if required, and does not include items of neglected or deferred maintenance. Notwithstanding this Section 7.B above, but otherwise Tenant shall cause the following to be done prior to the expiration or sooner termination of this Lease to the extent Tenant is not required have no obligation to remove any of the following pursuant to other provisions of this Lease: (i) all cabling placed above the ceiling by Tenant or Tenant’s contractors shall be removed, (ii) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair, which condition shall be so certified by such firm, and (iii) the plumbing and electrical systems and lighting shall be placed in good order and repairInitial Improvements. On or before the expiration or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All property and trade fixtures not so removed before the expiration or sooner termination of the Lease shall be deemed to have been abandoned by Tenant. On or before the expiration or sooner termination of this Lease, Tenant shall also have removed all the Pad Improvements and restored the areas affected by the installation and removal of the Pad Improvements the condition existing before installation (including without limitation removal of any pad upon which any Pad Improvements are installed), at Tenant’s sole cost and expense (subject to this Section below relating to compliance with building codes and Laws then in effect). As to Alterations for which Landlord’s consent was not obtained, Tenant shall ascertain from Landlord not more than one within thirty (1) year and not less than ninety (9030) days before the expiration or sooner termination of this Lease Expiration Date whether Landlord desires to have any such Alterations removed and the Premises or any part or parts thereof restored to their condition as of the condition existing immediately prior to completion of the date such Alterations were made (in which case Tenant shall be required to perform such work and restore the Premises as described below), Initial Improvements or to cause Tenant to surrender all such Alterations in place to Landlord; provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date or to remove any Tenant Improvements performed before the Outside Disbursement Date for which Landlord’s consent has been obtained (other than Pad Improvements, and other trade fixtures and Specialized Tenant Improvements (other than rack/server lab(s) and the cabling and wiring for the rack/server labs), all of which shall be removed by Tenant prior to expiration or sooner termination of this Lease). In addition, if at the time Tenant obtains Landlord’s consent to any Alterations, other than the Tenant Improvements, Landlord advises Tenant that any such Alterations must be removed and the Premises restored to the condition existing before such Alterations were made, then Tenant shall be required to surrender the Premises in that condition at expiration or sooner termination of the Lease (subject to this Section below relating to compliance with building codes and Laws then in effect); provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date. Tenant’s repair and restoration obligation under this Section 7.B shall include causing the Premises to be brought into compliance with all applicable building codes and other Laws in effect at the time of the removal, repair and restoration to the extent such compliance is necessitated by the removal, repair and restoration work. The foregoing provisions relating to Alterations for which Landlord’s consent was not obtained shall in no event be construed as giving Tenant the right to do any Alterations without Landlord’s consent.to

Acceptance of Possession and Covenants to Surrender. A. Landlord’s On the Commencement Date, Sublandlord shall deliver and Subtenant shall accept the Initial Sublease Premises as being in good and sanitary order, condition and repair, subject to Sublandlord's completion of Sublandlord's Work Tenant is currently and subject to latent defects. Sublandlord shall ensure that the Sublease Premises and any equipment and building systems serving the Sublease Premises have been properly decontaminated in occupancy of the Premises pursuant accordance with all applicable Environmental Requirements prior to the Existing LeaseCommencement Date. Effectively immediately upon the Effective Subtenant agrees on Expiration Date, Landlord shall be deemed or on the sooner termination of this Sublease, to have delivered surrender the Sublease Premises to TenantSublandlord in good condition and repair, reasonable wear and tear excepted. "Good condition" shall mean that the interior walls, floors, and carpeting within the Sublease Premises will be cleaned to the same condition as existed at the Commencement Date, normal wear and tear excepted. Subtenant shall not be required to remove any Tenant shall be deemed to have accepted such delivery, pursuant to this Lease. B. Condition Upon Surrender: Tenant further agrees Improvements or other Alterations installed by Subtenant which were approved by Sublandlord. Subtenant on or before the expiration Expiration Date or sooner termination of this LeaseSublease, to surrender the Premises to Landlord in broom clean and good condition and repair, normal wear and tear and casualty excepted (subject to Section 16 below). As used in this Lease, “normal wear and tear” shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the commercially reasonable standards for maintenance, repair, replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. Notwithstanding this Section 7.B above, Tenant shall cause the following to be done prior to the expiration or sooner termination of this Lease to the extent Tenant is not required to remove any of the following pursuant to other provisions of this Lease: (i) all cabling placed above the ceiling by Tenant or Tenant’s contractors shall be removed, (ii) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair, which condition shall be so certified by such firm, and (iii) the plumbing and electrical systems and lighting shall be placed in good order and repair. On or before the expiration or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Sublease Premises. All , and all property and trade fixtures not so removed before the expiration or sooner termination of the Lease shall be deemed to have been be abandoned by Tenant. On or before the expiration or sooner termination of this Lease, Tenant shall also have removed all the Pad Improvements and restored the areas affected by the installation and removal of the Pad Improvements the condition existing before installation (including without limitation removal of any pad upon which any Pad Improvements are installed), at Tenant’s sole cost and expense (subject to this Section below relating to compliance with building codes and Laws then in effect). As to Alterations for which Landlord’s consent was not obtained, Tenant shall ascertain from Landlord not more than one (1) year and not less than ninety (90) days before the expiration or sooner termination of this Lease whether Landlord desires to have any such Alterations removed and the Premises or any parts thereof restored to the condition existing immediately prior to the date such Alterations were made (in which case Tenant shall be required to perform such work and restore the Premises as described below), or to cause Tenant to surrender all such Alterations in place to Landlord; provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date or to remove any Tenant Improvements performed before the Outside Disbursement Date for which Landlord’s consent has been obtained (other than Pad Improvements, and other trade fixtures and Specialized Tenant Improvements (other than rack/server lab(s) and the cabling and wiring for the rack/server labs), all of which shall be removed by Tenant prior to expiration or sooner termination of this Lease). In addition, if at the time Tenant obtains Landlord’s consent to any Alterations, other than the Tenant Improvements, Landlord advises Tenant that any such Alterations must be removed and the Premises restored to the condition existing before such Alterations were made, then Tenant shall be required to surrender the Premises in that condition at expiration or sooner termination of the Lease (subject to this Section below relating to compliance with building codes and Laws then in effect); provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date. Tenant’s repair and restoration obligation under this Section 7.B shall include causing the Premises to be brought into compliance with all applicable building codes and other Laws in effect at the time of the removal, repair and restoration to the extent such compliance is necessitated by the removal, repair and restoration work. The foregoing provisions relating to Alterations for which Landlord’s consent was not obtained shall in no event be construed as giving Tenant the right to do any Alterations without Landlord’s consentSubtenant.

Acceptance of Possession and Covenants to Surrender. A. Landlord’s Work By entry hereunder, Tenant is currently in occupancy of accepts the Premises pursuant to as being in good and sanitary order, condition and repair and accepts the Existing LeaseBuilding and the other improvements in their present condition, except for the "punch list" as set forth on Exhibit "F", attached hereto. Effectively immediately upon the Effective Date, Landlord shall be deemed to have delivered the Premises to Tenant, and The Tenant shall be deemed to have accepted such delivery, pursuant to this Lease. B. Condition Upon Surrender: Tenant further agrees on the expiration last day of the term hereof, or on the sooner termination of this Lease, to surrender the Premises to Landlord in broom clean and good condition and repair, reasonable wear and tear excepted. "Good condition" shall mean that the interior walls, floors, suspended ceilings, and carpeting within the Premises will be cleaned to the same condition as existed at the commencement of the Lease, normal wear and tear excepted. Tenant agrees to remove all phone and casualty excepted (subject to Section 16 below). As used in this Lease, “normal wear data cabling from the suspended ceiling and tear” shall be construed to mean wear and tear caused repair any damage to the Premises ceiling caused by such cabling. Tenant shall ascertain from Landlord within thirty (30) days before the natural aging process which occurs in spite of prudent application end of the commercially reasonable standards for maintenanceterm of this Lease whether Landlord desires to have the Premises or any part or parts thereof restored to their condition as of the commencement of this Lease or to cause Tenant to surrender all post-commencement alterations, repair, replacementadditions, and janitorial practicesimprovements in place to Landlord. If Landlord shall so desire, then Tenant shall remove such post-commencement alterations, additions, and does not include items of neglected improvements as Landlord may require and shall repair and restore said Premises or deferred maintenance. Notwithstanding this Section 7.B above, Tenant shall cause such part or parts thereof before the following to be done prior to the expiration or sooner termination of this Lease to the extent at Tenant's sole cost and expense. Tenant is not required to remove any of the following pursuant to other provisions of this Lease: (i) all cabling placed above the ceiling by Tenant or Tenant’s contractors shall be removed, (ii) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair, which condition shall be so certified by such firm, and (iii) the plumbing and electrical systems and lighting shall be placed in good order and repair. On on or before the expiration end of the term or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All , and all property and trade fixtures not so removed before the expiration or sooner termination of the Lease shall be deemed to have been be abandoned by Tenant. On or before If the expiration Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall also have removed all the Pad Improvements and restored the areas affected indemnify Landlord against loss or liability resulting from delay by the installation and removal of the Pad Improvements the condition existing before installation (including without limitation removal of any pad upon which any Pad Improvements are installed), at Tenant’s sole cost and expense (subject to this Section below relating to compliance with building codes and Laws then Tenant in effect). As to Alterations for which Landlord’s consent was not obtained, Tenant shall ascertain from Landlord not more than one (1) year and not less than ninety (90) days before the expiration or sooner termination of this Lease whether Landlord desires to have any such Alterations removed and so surrendering the Premises or including, without limitation, any parts thereof restored to the condition existing immediately prior to the date claims made by any succeeding tenant founded on such Alterations were made (in which case Tenant shall be required to perform such work and restore the Premises as described below), or to cause Tenant to surrender all such Alterations in place to Landlord; provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date or to remove any Tenant Improvements performed before the Outside Disbursement Date for which Landlord’s consent has been obtained (other than Pad Improvements, and other trade fixtures and Specialized Tenant Improvements (other than rack/server lab(s) and the cabling and wiring for the rack/server labs), all of which shall be removed by Tenant prior to expiration or sooner termination of this Lease). In addition, if at the time Tenant obtains Landlord’s consent to any Alterations, other than the Tenant Improvements, Landlord advises Tenant that any such Alterations must be removed and the Premises restored to the condition existing before such Alterations were made, then Tenant shall be required to surrender the Premises in that condition at expiration or sooner termination of the Lease (subject to this Section below relating to compliance with building codes and Laws then in effect); provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date. Tenant’s repair and restoration obligation under this Section 7.B shall include causing the Premises to be brought into compliance with all applicable building codes and other Laws in effect at the time of the removal, repair and restoration to the extent such compliance is necessitated by the removal, repair and restoration work. The foregoing provisions relating to Alterations for which Landlord’s consent was not obtained shall in no event be construed as giving Tenant the right to do any Alterations without Landlord’s consentdelay.

Acceptance of Possession and Covenants to Surrender. A. Landlord’s Work Tenant is currently in occupancy of the Premises pursuant to the Existing Lease. Effectively immediately upon the Effective agrees on Expiration Date, Landlord shall be deemed to have delivered the Premises to Tenant, and Tenant shall be deemed to have accepted such delivery, pursuant to this Lease. B. Condition Upon Surrender: Tenant further agrees or on the expiration or sooner termination of this Lease, to surrender the Premises to Landlord in broom clean and good condition and repair, normal wear and tear and casualty excepted (subject to Section 16 below). As used in this Lease, “normal reasonable wear and tear” , actions of Landlord or Landlord's Parties, or damage due to casualty excepted. "Good Condition" shall mean that the interior walls of all office and warehouse areas, the floors of all office and warehouse areas, all suspended ceilings and carpeting will be construed to mean wear cleaned and tear caused to the Premises by the natural aging process which occurs in spite free of prudent application of the commercially reasonable standards for maintenance, repair, replacement, and janitorial practices, and does not include items of neglected or deferred maintenanceany major defacements. Notwithstanding this Section 7.B above, Tenant shall cause the following to be done prior to the expiration or sooner termination of this Lease to the extent Tenant is not required to remove any of the following pursuant to other provisions of this Lease: (i) all cabling placed above the ceiling by Tenant or Tenant’s contractors shall be removed, (ii) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair, which condition shall be so certified by such firm, and (iii) the plumbing and electrical systems and lighting shall be placed in good order and repair. On on or before the expiration Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All , and all property and trade fixtures not so removed before the expiration or sooner termination of the Lease shall be deemed to have been be abandoned by Tenant. On or before the expiration or sooner termination of this Lease, Tenant shall also have removed all the Pad Improvements and restored the areas affected by the installation and removal of the Pad Improvements the condition existing before installation (including without limitation removal of any pad upon which any Pad Improvements are installed), at Tenant’s sole cost and expense (subject to this Section below relating to compliance with building codes and Laws then in effect). As to Alterations for which Landlord’s consent was not obtained, Tenant shall ascertain from Landlord not more than one at the time Tenant desires to make any Alteration (1) year and not less than ninety (90) days before the expiration or sooner termination of this Lease including Permitted Alterations), whether Landlord desires to have any such Alterations Alteration removed and at the Premises or any parts thereof restored to the condition existing immediately prior to the date such Alterations were made (in which case Tenant shall be required to perform such work and restore the Premises as described below), Expiration Date or to cause Tenant to surrender all such Alterations in place the Alteration to Landlord; . If Landlord so notifies Tenant in writing within fifteen (15) days after Tenant's notice to Landlord that Tenant intends to alter the Building, then Tenant shall remove such Alteration, as Landlord may require in such written notice, and shall repair and restore said Building or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. If Landlord has not provided however that in Tenant with such written notice within said fifteen (15) day period, then Tenant shall have no event shall Tenant be required obligation to remove any Alterations performed before such Alteration from the Commencement Premises upon the Expiration Date or earlier termination of this Lease. Notwithstanding the terms of this Article 8, Tenant shall not have an obligation to remove any Tenant Improvements performed before the Outside Disbursement Date for which Landlord’s consent has been obtained (other than Pad Improvements, and other trade fixtures and Specialized Tenant Improvements (other than rack/server lab(s) and the cabling and wiring for the rack/server labs), all of which shall be removed by Tenant installed prior to expiration or sooner termination the first anniversary of this Lease). In addition, if at the time Tenant obtains Landlord’s consent to any Alterations, other than the Tenant Improvements, Landlord advises Tenant that any such Alterations must be removed and Commencement Date from the Premises restored to the condition existing before such Alterations were made, then Tenant shall be required to surrender the Premises in that condition at expiration or sooner termination of the Lease (subject to this Section below relating to compliance with building codes and Laws then in effect); provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date. Tenant’s repair and restoration obligation under this Section 7.B shall include causing the Premises to be brought into compliance with all applicable building codes and other Laws in effect at the time of the removal, repair and restoration to the extent such compliance is necessitated by the removal, repair and restoration work. The foregoing provisions relating to Alterations for which Landlord’s consent was not obtained shall in no event be construed as giving Tenant the right to do any Alterations without Landlord’s consenttime.

Acceptance of Possession and Covenants to Surrender. A. Landlord’s Work On the Commencement Date, Tenant is currently in occupancy of shall accept the Premises pursuant to the Existing Lease. Effectively immediately upon the Effective Dateas being in good and sanitary order, Landlord shall be deemed to have delivered condition and repair and accepts the Premises to Tenant, and Tenant shall be deemed to have accepted such delivery, pursuant to this Lease. B. Condition Upon Surrender: the other improvements in their present condition. Tenant further agrees on Expiration Date, or on the expiration or sooner termination of this Lease, to surrender the Premises to Landlord in broom clean and good condition and repair, reasonable wear and tear excepted. "Good condition" shall mean that the interior walls, floors, suspended ceilings, and carpeting within the Premises will be cleaned to the same condition as existed at the commencement of the Lease, normal wear and tear excepted. Tenant agrees, at its sole cost, to remove all of Tenant's phone and casualty excepted (subject to Section 16 below). As used in this Lease, “normal wear data cabling from the suspended ceiling and tear” shall be construed to mean wear and tear caused to the Premises by the natural aging process which occurs in spite of prudent application of the commercially reasonable standards for maintenance, repair, replacementrepair or replace broken ceiling tiles, and janitorial practices, and does not include items of neglected or deferred maintenance. Notwithstanding this Section 7.B above, Tenant shall cause the following to be done prior to the expiration or sooner termination of this Lease to the extent Tenant is not required to remove any of the following pursuant to other provisions of this Lease: (i) all cabling placed above relevel the ceiling by if required. Tenant or Tenant’s contractors shall be removed, (ii) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair, which condition shall be so certified by such firm, and (iii) the plumbing and electrical systems and lighting shall be placed in good order and repair. On on or before the expiration Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All , and all property and trade fixtures not so removed before the expiration or sooner termination of the Lease shall be deemed to have been be abandoned by Tenant. On or before the expiration or sooner termination of this Lease, If Landlord shall so desire and has notified Tenant shall also have removed all the Pad Improvements and restored the areas affected by the installation and removal of the Pad Improvements the condition existing before installation (including without limitation removal of any pad upon which any Pad Improvements are installed), at Tenant’s sole cost and expense (subject pursuant to this Section below relating to compliance with building codes and Laws then in effect). As to Alterations for which Landlord’s consent was not obtained, Tenant shall ascertain from Landlord not more than one (1) year and not less than ninety (90) days before the expiration or sooner termination of this Lease whether Landlord desires to have any such Alterations removed and the Premises or any parts thereof restored to the condition existing immediately prior to the date such Alterations were made (in which case Tenant shall be required to perform such work and restore the Premises as described paragraph 10 below), or to cause Tenant to surrender all such Alterations in place to Landlord; provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date or to remove any Tenant Improvements performed before the Outside Disbursement Date for which Landlord’s consent has been obtained (other than Pad Improvements, and other trade fixtures and Specialized Tenant Improvements (other than rack/server lab(s) and the cabling and wiring for the rack/server labs), all of which shall be removed by Tenant prior to expiration or sooner termination of this Lease). In addition, if at the time Tenant obtains Landlord’s consent to any Alterations, other than the Tenant Improvements, Landlord advises Tenant that any such Alterations must be removed and the Premises restored to the condition existing before such Alterations were made, then Tenant shall be required to surrender the remove such Alterations as Landlord may require and shall repair and restore said Premises in that condition at expiration or sooner termination of the Lease (subject to this Section below relating to compliance with building codes and Laws then in effect); provided however that in no event shall Tenant be required to remove any Alterations performed such part or parts thereof before the Commencement DateExpiration Date at Tenant's sole cost and expense. Tenant’s Such repair and restoration obligation under this Section 7.B shall include causing the Premises to be brought into compliance with all applicable building codes and other Laws laws in effect at the time of the removal, repair and restoration removal to the extent such compliance is necessitated by the removal, repair and restoration work. The foregoing provisions relating to Alterations for which Landlord’s consent was If the Premises are not obtained surrendered at the Expiration Date or sooner termination of this Lease in the condition required by this paragraph, Tenant shall indemnify, defend, and hold harmless Landlord against loss or liability resulting from delay by Tenant in no event be construed as giving Tenant so surrendering the right to do Premises including, without limitation, any Alterations without Landlord’s consentclaims made by any succeeding tenant founded on such delay.

Acceptance of Possession and Covenants to Surrender. A. Landlord’s Work Prior to September 1, 1994, Tenant is currently in occupancy shall complete an inspection of the building mechanical and operating systems by contractors selected by Landlord and Tenant. Landlord shall, at Landlord's sole cost and expense, perform any repair work identified in such inspection reports to ensure that the Premises pursuant are in good operating condition and repair prior to the Existing LeaseCommencement Date. Effectively immediately upon At the Effective Dateconclusion of such work, Landlord Tenant shall be deemed to have delivered accept the Premises to Tenantas being in good and sanitory order, condition and Tenant shall be deemed to have accepted such delivery, pursuant to this Lease. B. Condition Upon Surrender: repair and accepts the Premises and the other improvements in their present condition. Tenant further agrees on Expiration Date, or on the expiration or sooner termination of this Lease, to surrender the Premises to Landlord in broom clean and good condition and repair, normal reasonable wear and tear excepted. "Good condition" shall mean that the interior walls, floors, suspended ceilings, and casualty excepted (subject carpeting within the Premises will be cleaned to Section 16 below). As used in this the same condition as existed at the commencement of the Lease, “normal reasonable wear and tear excepted. "Reasonable wear and tear” " shall be construed to mean normal wear and tear caused to of the Premises by expected over the natural aging process which occurs in spite of prudent application duration of the commercially reasonable standards for maintenanceLease Term on, repairincluding but not limited to, replacementthe carpeting, walls, ceiling tiles, fixtures and janitorial practices, operating systems and does not include items of neglected or deferred maintenanceequipment. Notwithstanding this Section 7.B above, Tenant shall cause ascertain from Landlord within thirty (30) days before the following Expiration Date whether Landlord desires to be done prior have the Premises or any part or parts thereof restored to the expiration or sooner termination of this Lease to the extent Tenant is not required to remove any their condition as of the following pursuant Commencement Date or to other provisions of this Lease: (i) cause Tenant to surrender all cabling placed above Alterations in place to Landlord. If Landlord shall so desire, then Tenant shall remove such Alterations as Landlord may require and shall repair and restore said Premises or such part or parts thereof before the ceiling by Expiration Date at Tenant's sole cost and expense. Tenant or Tenant’s contractors shall be removed, (ii) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair, which condition shall be so certified by such firm, and (iii) the plumbing and electrical systems and lighting shall be placed in good order and repair. On on or before the expiration Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All , and all property and trade fixtures not so removed before the expiration or sooner termination of the Lease shall be deemed to have been be abandoned by Tenant. On or before If the expiration or sooner termination of this Lease, Tenant shall also have removed all Premises are not surrendered at the Pad Improvements and restored the areas affected by the installation and removal of the Pad Improvements the condition existing before installation (including without limitation removal of any pad upon which any Pad Improvements are installed), at Tenant’s sole cost and expense (subject to this Section below relating to compliance with building codes and Laws then in effect). As to Alterations for which Landlord’s consent was not obtained, Tenant shall ascertain from Landlord not more than one (1) year and not less than ninety (90) days before the expiration Expiration Date or sooner termination of this Lease whether in the condition required by this paragraph, Tenant shall indemnify, defend, and hold harmless Landlord desires to have any such Alterations removed and against loss or liability resulting from delay by Tenant in so surrendering the Premises or including, without limitation, any parts thereof restored to the condition existing immediately prior to the date claims made by any succeeding tenant founded on such Alterations were made (in which case Tenant shall be required to perform such work and restore the Premises as described below), or to cause Tenant to surrender all such Alterations in place to Landlord; provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date or to remove any Tenant Improvements performed before the Outside Disbursement Date for which Landlord’s consent has been obtained (other than Pad Improvements, and other trade fixtures and Specialized Tenant Improvements (other than rack/server lab(s) and the cabling and wiring for the rack/server labs), all of which shall be removed by Tenant prior to expiration or sooner termination of this Lease). In addition, if at the time Tenant obtains Landlord’s consent to any Alterations, other than the Tenant Improvements, Landlord advises Tenant that any such Alterations must be removed and the Premises restored to the condition existing before such Alterations were made, then Tenant shall be required to surrender the Premises in that condition at expiration or sooner termination of the Lease (subject to this Section below relating to compliance with building codes and Laws then in effect); provided however that in no event shall Tenant be required to remove any Alterations performed before the Commencement Date. Tenant’s repair and restoration obligation under this Section 7.B shall include causing the Premises to be brought into compliance with all applicable building codes and other Laws in effect at the time of the removal, repair and restoration to the extent such compliance is necessitated by the removal, repair and restoration work. The foregoing provisions relating to Alterations for which Landlord’s consent was not obtained shall in no event be construed as giving Tenant the right to do any Alterations without Landlord’s consentdelay.

Acceptance of Possession and Covenants to Surrender. A. Landlord’s Work Tenant is currently in occupancy of On the Premises pursuant to the Existing Lease. Effectively immediately upon the Effective Commencement Date, Landlord shall be deemed to have delivered the Premises to Tenant, deliver and Tenant shall be deemed accept the Premises as being in good and sanitary order, condition and repair, subject to have accepted such delivery, pursuant Landlord's completion of the punchlist items and subject to this Lease. B. Condition Upon Surrender: latent defects. Tenant further agrees on Expiration Date, or on the expiration or sooner termination of this Lease, to surrender the Premises to Landlord in broom clean and good condition and repair, reasonable wear and tear excepted. "Good condition" shall mean that the interior walls, floors, suspended ceilings, and carpeting within the Premises will be cleaned to the same condition as existed at the Commencement Date, normal wear and tear excepted. Tenant agrees, at its sole cost, to remove any data cabling lying on the suspended ceiling at Landlord's request, and casualty excepted (subject to Section 16 below). As used in this Lease, “normal wear and tear” shall be construed to mean wear and tear caused relevel the ceiling if required due to the Premises by cabling lying on the natural aging process which occurs in spite of prudent application of suspended ceiling upon the commercially reasonable standards for maintenanceExpiration Date, repair, replacement, and janitorial practices, and does not include items of neglected or deferred maintenance. Notwithstanding this Section 7.B above, Tenant shall cause on the following to be done prior to the expiration or sooner termination of this Lease to the extent Lease. Tenant is not required to remove any of the following pursuant to other provisions of this Lease: (i) all cabling placed above the ceiling by Tenant or Tenant’s contractors shall be removed, (ii) the HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair, which condition shall be so certified by such firm, and (iii) the plumbing and electrical systems and lighting shall be placed in good order and repair. On on or before the expiration Expiration Date or sooner termination of this Lease, Tenant shall remove all its personal property and trade fixtures from the Premises. All , and all property and trade fixtures not so removed before the expiration or sooner termination of the Lease shall be deemed to have been be abandoned by Tenant. On or before the expiration or sooner termination of this Lease, Tenant shall also have removed all the Pad Improvements and restored the areas affected by the installation and removal of the Pad Improvements the condition existing before installation (including without limitation removal of any pad upon which any Pad Improvements are installed), at Tenant’s sole cost and expense (subject to this Section below relating to compliance with building codes and Laws then in effect). As to Alterations for which Landlord’s consent was not obtained, Tenant shall ascertain from Landlord not more than one within thirty (1) year and not less than ninety (9030) days before the expiration or sooner termination of this Lease Expiration Date whether Landlord desires to have any such Alterations removed and the Premises or any part or parts thereof restored to the their condition existing immediately prior to the date such Alterations were made (in which case Tenant shall be required to perform such work and restore the Premises as described below), or to cause Tenant to surrender all such Alterations in place to Landlord; provided however that in no event shall Tenant be required to remove any Alterations performed before of the Commencement Date or Date. With respect to remove any Alterations, Landlord shall notify Tenant Improvements performed before the Outside Disbursement Date for which Landlord’s consent has been obtained (other than Pad Improvements, and other trade fixtures and Specialized Tenant Improvements (other than rack/server lab(s) and the cabling and wiring for the rack/server labs), all of which shall be removed by Tenant prior to expiration or sooner termination of this Lease). In addition, if at the time Landlord gives approval for any Alterations whether or not Landlord will require Tenant obtains Landlord’s consent to any Alterations, other than the Tenant Improvements, remove said Alterations at Lease expiration. If Landlord advises has informed Tenant that any such Alterations must be removed and the Premises restored to the condition existing before such Alterations were madeLandlord requires removal of an Alteration, then Tenant shall be required to surrender the remove such Alteration and shall repair and restore said Premises in that condition at expiration or sooner termination of the Lease (subject to this Section below relating to compliance with building codes and Laws then in effect); provided however that in no event shall Tenant be required to remove any Alterations performed such part or parts thereof before the Commencement DateExpiration Date at Tenant's sole cost and expense. Tenant’s Such repair and restoration obligation under this Section 7.B shall include causing the Premises to be brought into compliance with all applicable building codes and other Laws laws in effect at the time of the removal, repair and restoration removal to the extent such compliance is necessitated by the removal, repair and restoration work. The foregoing provisions relating If the Premises are not surrendered at the Expiration Date (as may be extended) or sooner termination of this Lease in the condition required by this Article 8, (i) Tenant shall be deemed a holdover Tenant pursuant to Alterations for which Landlord’s consent was not obtained Article 34, and (ii) Tenant shall indemnify, defend, and hold harmless Landlord against loss or liability resulting from delay by Tenant in no event be construed as giving Tenant so surrendering the right to do Premises including, without limitation, any Alterations without Landlord’s consentclaims made by any succeeding tenant founded on such delay.