Common use of Surrender Upon Termination Clause in Contracts

Surrender Upon Termination. Unless Tenant or an Applicable Purchaser purchases Landlord's entire interest in the Leased Property pursuant to the terms of the Purchase Agreement, Tenant shall, upon the termination of Tenant's right to occupancy, surrender to Landlord the Leased Property, including any buildings, alterations, improvements, replacements or additions constructed by Tenant (but excluding Tenant's Trade Fixtures and personal property not covered by this Lease) free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, to the extent required by Landlord, with all Improvements in the same condition as of the date hereof, excepting only (i) ordinary wear and tear (provided that the Leased Property shall have been maintained as required by the other provisions hereof) and (ii) alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by Tenant in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to Tenant or any party claiming under Tenant, if not removed at the time of such termination and if Landlord shall so elect, shall be deemed abandoned and become the property of Landlord without any payment or offset therefor. If Landlord shall not so elect, Landlord may remove such property from the Leased Property and store it at Tenant's risk and expense. Tenant shall bear the expense of repairing any damage to the Leased Property caused by such removal by Landlord or Tenant.

Surrender Upon Termination. Unless At the expiration or termination of this Lease, Tenant shall at once surrender possession of the Premises and deliver the Premises to Landlord in good repair and condition, reasonable wear and tear excepted, restoring the Premises wherever necessary and leaving them neat and clean; If the Premises are not immediately surrendered, Landlord may forthwith enter upon and take possession of the Premises and expel or an Applicable Purchaser purchases remove Tenant and/or any other person who may be occupying any portion of the Premises, by force, if necessary, without having any civil or criminal liability therefor. All alterations, additions or improvements (whether temporary or permanent in character) made in or upon the Premises, including signs on the exterior of the Premises, either by Landlord or Tenant, shall be Landlord's entire interest in property on termination of this Lease and shall remain on the Leased Property pursuant Premises without compensation to the terms of the Purchase AgreementTenant or, if Landlord so elects, Tenant shall, upon prior to the termination of Tenant's right to occupancythe Term, surrender to Landlord the Leased Property, including any buildings, remove those alterations, improvementsadditions or improvements so designated by Landlord from the Premises, replacements or additions constructed and Tenant shall perform any necessary restoration of the Premises occasioned by such removal. All furniture, movable trade fixtures and equipment installed by Tenant (but excluding Tenant's Trade Fixtures and personal property not covered shall be removed by Tenant at the termination of this Lease) free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, to the extent required by Landlord, with all Improvements in the same condition as of the date hereof, excepting only (i) ordinary wear and tear (provided that the Leased Property . All such removals shall have been maintained as required by the other provisions hereof) and (ii) alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by Tenant be accomplished in a good and workmanlike manner so as not to damage the Premises or the Building, and, in accordance with all Applicable Lawsthe event of any such damage, Tenant shall repair such damage, restoring the Premises and leaving them clean. Any All furniture, movable furniture trade fixtures and equipment installed by Tenant not promptly removed after such termination shall thereupon be conclusively presumed to have been abandoned by Tenant and Landlord may, at its option, take over the possession of such property and either (a) declare same to be the property of Landlord by written notice thereof to Tenant, or movable personal property belonging (b) at the sole cost and expense of Tenant remove the same or any part thereof in any manner that Landlord shall choose and store the same without incurring liability to Tenant or any party claiming under Tenantother person, if not removed at the time of Tenant hereby waiving any and all claims against Landlord in connection with such termination and if Landlord shall so elect, shall be deemed abandoned and become the property of Landlord without any payment or offset therefor. If Landlord shall not so elect, Landlord may remove such property from the Leased Property and store it at Tenant's risk and expense. Tenant shall bear the expense of repairing any damage to the Leased Property caused by such removal by Landlord or Tenantpersonal property.

Surrender Upon Termination. Unless a. Upon termination of this Lease, Tenant shall deliver all keys to Landlord and surrender the Premises to Landlord in good and clean condition. Tenant does not need to restore the Premises due to depreciation and wear from ordinary use for the purposes for which the Premises were let. Any repair that Tenant is required to make in this Lease shall be completed prior to surrender. b. Except for Tenant's movable trade fixtures, all fixtures placed upon the Premises shall become the property of Landlord. Landlord may elect to require Tenant to remove any fixtures which would otherwise remain the property of Landlord, and to repair any damage resulting from the removal. If Tenant fails to remove fixtures or an Applicable Purchaser purchases Landlord's entire make repairs, Landlord may do so and charge the cost to Tenant together with interest in and late charges as provided by this Lease from the Leased Property pursuant to the terms date of the Purchase Agreementexpenditure. c. Tenant shall remove all furnishings, Tenant shall, upon furniture and trade fixtures that remain the termination property of Tenant's right . Failure to occupancy, remove all Tenant’s property shall constitute a failure to vacate and surrender to Landlord the Leased Property, including any buildings, alterations, improvements, replacements or additions constructed by Tenant (but excluding Tenant's Trade Fixtures and personal property not covered by this Lease) free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, to the extent required by Landlord, with all Improvements in the same condition as of the date hereof, excepting only (i) ordinary wear and tear (provided that the Leased Premises. Property shall have been maintained as required by the other provisions hereof) and (ii) alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by Tenant in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to Tenant or any party claiming under Tenant, if not removed at the time of such termination and if Landlord shall so elect, shall be deemed abandoned property and become of inconsequential value, and Tenant shall have no further rights therein except as provided below. Landlord may elect to: i) retain or dispose of the abandoned property as Landlord sees fit; or ii) perfect and foreclose Landlord’s lien for damages, including expenses for removal and storage of Landlord without any payment or offset thereforTenant’s property, under ORS 87.162 et seq. If Landlord shall not so electTenant fails to vacate and surrender the Premises, Landlord may remove such property take legal action to eject Tenant from the Leased Property and store it at Tenant's risk and expensePremises. Tenant shall bear be responsible for all consequential damages to Landlord as a result of Tenant's failure to surrender and vacate the expense Premises in accordance with this Lease . This clause shall survive the termination of repairing any damage to the Leased Property caused by such removal by Landlord or Tenant.this Lease .‌

Surrender Upon Termination. Unless Tenant or an Applicable Purchaser purchases Landlord's entire interest in At the Leased Property pursuant to the terms expiration of the Purchase Agreement, Tenant shall, upon tenancy hereby created or the date of termination of Tenant's right to occupancythis lease, Lessee shall surrender to Landlord the Leased Property, including any buildings, alterations, improvements, replacements or additions constructed by Tenant (but excluding Tenant's Trade Fixtures and personal property not covered by this Lease) free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, to the extent required by Landlord, with all Improvements demised premises in the same condition of cleanliness, repair and sightliness as the demised premises were in upon the commencement of business under the date hereoflease, excepting only (i) ordinary reasonable wear and tear and damage by unavoidable casualty excepted. Lessee shall surrender all keys for the demised premises to Lessor at the place then fixed for the payment of rent and shall inform Lessor of all combinations on locks, safes and vaults, if any, in the demised premises. On the date of expiration or termination, all alterations, additions, improvements, all hard surface bonded or adhesively affixed flooring, and all fixtures on the demised premises other than Lessee's trade fixtures, operating equipment and carpeting, shall become the property of Lessor and shall remain upon and be surrendered with the demised premises as a part thereof, without disturbance, molestation or injury, and without credit to Lessee, its sublessees, concessionaires or licensees; provided, however, that if Lessor so requests in writing within thirty (provided that 30) days after such expiration or termination, Lessee at its sole expense shall remove any improvements, alterations, additions, fixtures or flooring installed or made by or for Lessee and shall restore the Leased Property shall have been maintained as required by demised premises to the other provisions hereof) and (ii) alterations and additions which are expressly permitted by condition prevailing prior to such installation. On or before the terms last day of this Lease and which have been completed by Tenant in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture the term or movable personal property belonging to Tenant or any party claiming under Tenantthe sooner termination thereof, Lessee, if not then in default, may remove all trade fixtures, operating equipment and other personal property of Lessee from the demised premises and shall repair any damage occasioned by any such removal. Property not so removed at the time of such termination and if Landlord shall so elect, shall be deemed abandoned and become the property of Landlord without any payment or offset thereforby Lessee. If Landlord the demised premises is not surrendered by Lessee at such time, Lessee shall not indemnify Lessor against loss or liability resulting from delay by Lessee in so electsurrendering the demised premises; including without limitation, Landlord may remove any claims made by any succeeding Lessee founded on such property from delay. Lessee's obligation to observe or perform this covenant shall survive the Leased Property and store it at Tenant's risk and expense. Tenant shall bear expiration or other termination of the expense term of repairing any damage to the Leased Property caused by such removal by Landlord or Tenantthis lease.

Surrender Upon Termination. Unless Upon expiration or termination of the Lease, Tenant or an Applicable Purchaser purchases Landlord's entire interest shall deliver all keys to Landlord and surrender the Premises to Landlord in first class condition and broom clean. Tenant does not need to restore the Premises due to depreciation and wear from ordinary use for the purposes for which the Premises were let. Any repair that Tenant is required to make in the Leased Property pursuant Lease shall be completed prior to surrender. Except for Tenant's movable trade fixtures, all fixtures placed upon the terms Premises shall become the property of Landlord. Landlord may elect to require Tenant to remove any fixtures which would otherwise remain the property of Landlord, and to repair any damage resulting from the removal. If Tenant fails to remove fixtures or make repairs, Landlord may do so and charge the cost to Tenant together with interest and late charges as provided by this Lease from the date of the Purchase Agreementexpenditure. Tenant shall remove all furnishings, Tenant shall, upon furniture and trade fixtures that remain the termination property of Tenant's right . Failure to occupancy, remove all Tenant’s property shall constitute a failure to vacate and surrender to Landlord the Leased Property, including any buildings, alterations, improvements, replacements or additions constructed by Tenant (but excluding Tenant's Trade Fixtures and personal property not covered by this Lease) free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, to the extent required by Landlord, with all Improvements in the same condition as of the date hereof, excepting only (i) ordinary wear and tear (provided that the Leased Premises. Property shall have been maintained as required by the other provisions hereof) and (ii) alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by Tenant in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to Tenant or any party claiming under Tenant, if not removed at the time of such termination and if Landlord shall so elect, shall be deemed abandoned property and become of inconsequential value, and Tenant shall have no further rights therein except as provide below. Landlord may elect to: i) retain or dispose of the abandoned property as Landlord sees fit; or ii) perfect and foreclose Landlord’s lien for damages, including expenses for removal and storage of Landlord without any payment or offset thereforTenant’s property, under ORS 87.162 et seq. If Landlord shall not so electTenant fails to vacate and surrender the Premises, Landlord may remove such property take legal action to eject Tenant from the Leased Property and store it at Tenant's risk and expensePremises. Tenant shall bear be responsible for all consequential damages to Landlord as a result of Tenant's failure to surrender and vacate the expense Premises in accordance with the Lease. This clause shall survive the termination of repairing any damage to the Leased Property caused by such removal by Landlord or TenantLease.

Surrender Upon Termination. Unless Tenant or an Applicable Purchaser purchases Landlord's entire interest in the Leased Property pursuant to the terms of the Purchase Agreement, Tenant shall, upon the termination of Tenant's right to occupancy, surrender to Landlord the Leased Property, including any buildings, alterations, improvements, replacements or additions constructed by Tenant (Tenant, with any fixtures and furnishings included in the Leased Property, but excluding Tenant's Trade Fixtures not including movable furniture and other personal property not covered by this Lease) , free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, to the extent required by Landlord, with all Improvements in the same condition as of the date hereof, excepting only (i) ordinary wear and tear (provided that the Leased Property shall have been maintained as required by the other provisions hereof) and (ii) alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by Tenant in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to Tenant or any party claiming under Tenant, if not removed at the time of such termination and if Landlord shall so elect, shall be deemed abandoned and become the property of Landlord without any payment or offset therefor. If Landlord shall not so elect, Landlord may remove such property from the Leased Property and store it at Tenant's risk and expense. Tenant shall bear the expense of repairing any damage to the Leased Property caused by such removal by Landlord or Tenant.

Surrender Upon Termination. Unless Tenant or an Applicable Purchaser purchases Landlord's entire interest in the Leased Property pursuant to the terms of the Purchase Agreement, Tenant shall, upon Upon the termination of Tenant's right to occupancy, surrender to Landlord the Leased Property, including any buildings, alterations, improvements, replacements or additions constructed by Tenant (but excluding Tenant's Trade Fixtures and personal property not covered by this Lease) free of all Hazardous Substances (including Permitted Hazardous Substances) , Tenant will promptly quit and tenancies andsurrender the Premises in good order, to the extent required by Landlordcondition, with all Improvements in the same condition as of the date hereofand repair, excepting only (i) ordinary wear and tear (provided that the Leased Property shall have been maintained as required and damage by the other provisions hereof) condemnation and (ii) alterations casualty excepted and additions which are expressly permitted in broom clean condition unless previously demolished or removed by Tenant or Landlord under the terms of this Lease Lease. Tenant may remove from the Parking Facility any trade fixtures, equipment, and which moveable furniture placed at the Parking Facility by Tenant, whether or not such trade fixtures or equipment are fastened to the Parking Facility; provided, however, that Tenant will not remove any trade fixtures or equipment without Landlord’s written consent if such fixtures or equipment are used in the operation of the Premises or if the removal of such fixtures or equipment will result in impairing the structural strength of the Parking Facility or any part thereof. Tenant will fully repair any damage occasioned by the removal of any trade fixtures, equipment, furniture, alterations, additions, and improvements. All trade fixtures, equipment, furniture, alterations, additions, and improvements not so removed will be deemed conclusively to have been completed abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Tenant in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging Landlord without notice to Tenant or any party claiming under Tenantother person and without obligation to account for them; and, if except as hereinafter provided, Tenant will pay Landlord for all reasonable expenses incurred in connection with such property, including but not removed at limited to the time of such termination and if Landlord shall so elect, shall be deemed abandoned and become the property of Landlord without any payment or offset therefor. If Landlord shall not so elect, Landlord may remove such property from the Leased Property and store it at Tenant's risk and expense. Tenant shall bear the expense cost of repairing any damage to the Leased Property Premises caused by the removal of such property. To the extent any such alterations, additions, improvements or equipment have been constructed or installed with the express written consent of Landlord, Tenant shall not be responsible for the cost of removal by Landlord of the same. Tenant’s obligation to observe and perform this covenant will survive the expiration or Tenantother termination of this Lease.

Surrender Upon Termination. Unless Tenant a) Upon expiration or an Applicable Purchaser purchases Landlord's entire interest in the Leased Property pursuant to the terms termination of the Purchase AgreementLease, Tenant shall, upon Lessee shall deliver all keys to Lessor and surrender the termination of Tenant's right Premises to occupancy, surrender to Landlord the Leased Property, including any buildings, alterations, improvements, replacements or additions constructed by Tenant (but excluding Tenant's Trade Fixtures and personal property not covered by this Lease) free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, to the extent required by Landlord, Lessor in a condition consistent with all Improvements in the same its condition as of the date hereof, excepting only (i) ordinary wear and tear (provided that the Leased Property shall have been maintained as required by the other provisions hereof) and (ii) alterations and additions which are expressly permitted by the terms commencement of this Lease Lease. ▇▇▇▇▇▇ does not need to restore the Premises due to depreciation and wear from ordinary use for the purposes for which have been completed by Tenant in a good and workmanlike manner in accordance with all Applicable Lawsthe Premises were let. Any movable furniture or movable personal repair that Lessee is required to make in the Lease shall be completed prior to surrender. b) Except for ▇▇▇▇▇▇'s trade fixtures, all fixtures placed upon the Premises shall become the property belonging of Lessor. Subject to Tenant or any party claiming under TenantSection 13(d) of this Lease, if ▇▇▇▇▇▇ fails to remove fixtures or make repairs, Lessor may do so and charge the cost to Lessee together with interest and late charges as provided by this Lease from the date of the expenditure. c) Subject to Section 13(d) of this Lease, Lessee shall remove all furnishings, furniture and trade fixtures that remain the property of Lessee. Failure to remove all ▇▇▇▇▇▇’s property shall constitute a failure to vacate and surrender Premises. Property not removed at the time of such termination and if Landlord shall so elect, shall be deemed abandoned property and become of inconsequential value, and Lessee shall have no further rights therein except as provide below. Lessor may elect to: i) retain or dispose of the abandoned property as Lessor sees fit; or ii) perfect and foreclose Lessor’s lien for damages, including expenses for removal and storage of Landlord without any payment or offset thereforLessee’s property, under ORS 87.162 et seq. If Landlord shall not so elect▇▇▇▇▇▇ fails to vacate and surrender the Premises, Landlord Lessor may remove such property take legal action to eject Lessee from the Leased Property Premises. Lessee shall be responsible for all actual damages (but not consequential damages) to Lessor as a result of ▇▇▇▇▇▇'s failure to surrender and store it at Tenant's risk vacate the Premises in accordance with this Lease. This clause shall survive the termination of this Lease. d) Right to quiet enjoyment and expenseLessor’s obligations to Lessee under this Lease are not applicable to a holdover Lessee. e) Lessee shall have the right to terminate this Lease upon 6 months’ written notice to ▇▇▇▇▇▇. f) Upon execution of this Agreement by the Parties, that certain Agreement for the Joint Use of Portland Public Schools and Portland Parks & Recreation Athletic Facilities between the Parties, dated May 25, 2022 (the “Joint Use Agreement”) shall be deemed to have been amended to exclude the Premises from the scope of the Joint Use Agreement for so long as this Lease in in effect. Tenant Upon expiration or termination of this Lease, the Parties shall bear enter into good faith negotiations designed to continue shared use of the expense of repairing any damage to the Leased Property caused by such removal by Landlord or TenantPremises.

Surrender Upon Termination. Unless Tenant Upon expiration of the Lease Term, or an Applicable Purchaser purchases Landlordupon earlier termination of the lease for any reason, Lessee promptly and peaceably shall remove any of Lessee's entire interest in equipment and property (and shall repair any damage caused by that removal), and shall surrender the Leased Property pursuant in good condition. Depreciation and wear and tear from ordinary use permitted under this Agreement need not be restored by Lessee. All repairs for which Lessee is responsible shall be completed prior to the terms surrender of the Purchase Agreement, Tenant shall, upon Leased Property. If Lessee remains in occupancy of the Leased Property after termination of Tenantthe Lease Term, then Lessor shall have the option to treat Lessee as a tenant from month-to-month, subject to all of the provisions of this Agreement except the provisions for rental amounts, term, and renewal, and in that event Lessee shall be obligated to pay monthly rent to Lessor at a rate equal to the monthly rental amount in effect as of the last month of the Lease Term. Acceptance by Lessor of rent subsequent to termination of the Lease Term shall not result in a renewal of the lease and shall not constitute a waiver of Lessor's right to occupancy, surrender to Landlord re-enter the Leased Property, including remove Lessee or exercise any buildings, alterations, improvements, replacements other rights available to Lessor under this Agreement or additions constructed provided by Tenant (but excluding Tenant's Trade Fixtures and personal property not covered by this Lease) free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, law. If Lessee fails to the extent required by Landlord, with all Improvements in the same condition as of the date hereof, excepting only (i) ordinary wear and tear (provided that surrender the Leased Property shall have been maintained as required by the other provisions hereof) and (ii) alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by Tenant in a good and workmanlike manner in accordance with herewith upon termination of the Lease Term, Lessee shall indemnify and hold Lessor harmless from all Applicable Laws. Any movable furniture losses and liabilities, including but not limited to any claims made by any succeeding tenant, which result from or movable personal property belonging are based upon Lessee's failure to Tenant or any party claiming under Tenant, if not removed at the time of such termination and if Landlord shall so elect, shall be deemed abandoned and become the property of Landlord without any payment or offset therefor. If Landlord shall not so elect, Landlord may remove such property from surrender the Leased Property and store it at Tenant's risk and expense. Tenant shall bear the expense of repairing any damage to the Leased Property caused by such removal by Landlord or TenantProperty.

Surrender Upon Termination. Unless At the expiration of the tenancy hereby created, or if this Lease is terminated by Landlord or Tenant or an Applicable Purchaser purchases Landlord's entire interest in the Leased Property pursuant to the terms of the Purchase Agreementherein stated, Tenant shall, upon shall surrender the termination of Tenant's right to occupancy, surrender to Landlord the Leased Property, including any buildings, alterations, improvements, replacements or additions constructed by Tenant (but excluding Tenant's Trade Fixtures and personal property not covered by this Lease) free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, to the extent required by Landlord, with all Improvements Demised Premises in the same condition of cleanliness, repair and sightliness as the Demised Premises was in upon the commencement of business under the date hereofLease, excepting only (i) ordinary reasonable wear and tear (provided that and damage by unavoidable casualty excepted. Tenant shall surrender all keys for the Leased Property Demised Premises to Landlord at the place then fixed for the payment of rent and shall have been maintained as required by the other provisions hereof) inform Landlord of all combinations on locks, safes and (ii) alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by Tenant in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to Tenant or any party claiming under Tenantvaults, if not removed at any, in the time of Demised Premises. On such termination day all alterations, additions, improvements, all hard surface bonded or adhesively affixed flooring, installed carpeting, and if Landlord shall so electall fixtures on the Demised Premises other than Tenant’s trade fixtures and operating equipment, shall be deemed abandoned and become the property of Landlord and shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without credit to Tenant, its sub lessees, concessionaires or licensees. On or before the last day of the term or the sooner termination thereof, Tenant, if not then in default, shall have the right to remove all trade fixtures, operating equipment and other personal property of Tenant from the Demised Premises and repair any payment or offset therefordamage occasioned by any such removal. Property not so removed shall be deemed abandoned by Tenant and shall be the property of Landlord. If Landlord shall the Demised Premises is not so electsurrendered at such time, Landlord may remove such property from the Leased Property and store it at Tenant's risk and expense. Tenant shall bear indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the expense Demised Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of repairing any damage to the Leased Property caused by such removal by Landlord or Tenantterm of this Lease.

Surrender Upon Termination. Unless Tenant or an Applicable Purchaser purchases Landlord's entire interest in the Leased Property pursuant to the terms of the Purchase Agreement, Tenant shall, upon the termination of Tenant's right to occupancy, surrender to Landlord the Leased Property, including any buildings, alterations, improvements, fixtures, replacements or additions constructed or purchased by Tenant (with funds advanced by Landlord, but excluding Tenant's Trade Fixtures and not including movable personal property not covered by this Lease) , free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, to the extent required by Landlord, with all Improvements and tangible Personal Property in the same condition as of the date hereofgood repair and condition, excepting only (i) ordinary wear and tear (provided that the Leased Property shall have been maintained as required by the other provisions hereof) and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by Tenant in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to Tenant or any party claiming under Tenant, if not removed at the time of such termination and if Landlord shall so elect, shall be deemed abandoned and become the property of Landlord without any payment or offset therefor. If Landlord shall not so elect, Landlord may remove such property from the Leased Property and store it at Tenant's risk and expense. Tenant shall bear the expense of repairing any damage to the Leased Property caused by such removal by Landlord or Tenant.

Surrender Upon Termination. Unless Tenant or an Applicable Purchaser purchases Landlord's entire interest in the Leased Property pursuant to the terms of the Purchase Agreement, Tenant shall, upon At the termination of this Lease, whether caused by lapse of time or otherwise. Tenant shall at once surrender possession of the Leased Premises and deliver the Leased Premises to Landlord in as good repair and condition as at the commencement of Tenant's right to occupancy, surrender to Landlord the Leased Property, including any buildings, alterations, improvements, replacements or additions constructed by Tenant (but excluding Tenant's Trade Fixtures and personal property not covered by this Lease) free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, to the extent required by Landlord, with all Improvements in the same condition as of the date hereof, excepting only (i) ordinary reasonable wear and tear (provided that and damages or destruction by fire or other insured casualty excepted, and shall deliver to Landlord all keys to the Leased Property shall have been maintained as required Premises, and, if such possession is not immediately surrendered, Landlord may forthwith enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying said premises, or any part thereof, by force, if necessary, without having any civil or criminal liability therefor. All alterations, additions, or improvements (whether temporary or permanent in character) made in or upon the other provisions hereof) and (ii) alterations and additions which are expressly permitted by the terms Leased Premises shall, if Landlord elects, be Landlord's property on termination of this Lease and which have been completed shall remain on the Leased Premises without compensation to Tenant. All furniture, movable trade fixtures, and equipment installed by Tenant may be removed by Tenant at the termination of this Lease, All removals permitted herein shall be accomplished in a good and workmanlike manner in accordance with all Applicable Lawsso as not to damage the Leased Premises or the Building. Any movable furniture or movable personal property belonging to Tenant or any party claiming under Tenant, if not removed at the time of such termination and if or Landlord shall so elect, shall be deemed abandoned and become the property of Landlord without any payment or offset therefor. If Landlord shall not so elect, Landlord may remove such property from the Leased Property and store it at Tenant's risk and expense. Tenant , shall bear the expense of repairing repair any damage to the Leased Property Premises, the Building or any improvement on the lands herein described caused by any such removal removal. All furniture, movable trade fixtures and equipment installed by tenant not removed at the end of the tease Term hereof shall thereupon be conclusively presumed to have been abandoned by Tenant and Landlord may, at its option, take over the possession of such property and either (i) declare same to be the property of Landlord by written notice thereof to Tenant or Tenant(ii) at the sole risk, cost, and expense of Tenant remove the same or any part thereof in any manner that Landlord shall choose and store the same or any part thereof in any manner that Landlord shall choose and store the same without incurring liability to Tenant or any other person.

Surrender Upon Termination. Unless Tenant Upon expiration of the Lease Term, or an Applicable Purchaser purchases Landlordupon earlier termination of the lease for any reason, Lessee promptly and peaceably shall remove any of the Lessee's entire interest in equipment and property, and shall surrender the Leased Property pursuant in good condition (including the restoration of any damage caused by the removal of Lessee's equipment and property), Depreciation and wear and tear from ordinary use permitted under this Agreement need not be restored by Lessee. All repairs for which Lessee is responsible shall be completed prior to the terms surrender of the Purchase Agreement, Tenant shall, upon Leased Property. If Lessee remains in occupancy of the Leased Property after termination of Tenantthe Lease Term, then Lessor shall have the option to treat Lessee as a tenant from month-to-month, subject to all of the provisions of this Agreement except the provisions for rental amounts, term, and renewal, and in that event Lessee shall be obligated to pay monthly rent to Lessor at a rate equal to the monthly rental amount in effect as of the last month of the Lease Term. Acceptance by Lessor of rent subsequent to termination of the Lease Term shall not result in a renewal of the lease and shall not constitute a waiver of Lessor's right to occupancy, surrender to Landlord re-enter the Leased Property, including remove Lessee or exercise any buildings, alterations, improvements, replacements other rights available to Lessor under this Agreement or additions constructed provided by Tenant (but excluding Tenant's Trade Fixtures and personal property not covered by this Lease) free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, law. If Lessee fails to the extent required by Landlord, with all Improvements in the same condition as of the date hereof, excepting only (i) ordinary wear and tear (provided that surrender the Leased Property shall have been maintained as required by the other provisions hereof) and (ii) alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by Tenant in a good and workmanlike manner in accordance with herewith upon termination of the Lease Term, Lessee shall indemnify and hold Lessor harmless from all Applicable Laws. Any movable furniture losses and liabilities, including but not limited to any claims made by any succeeding tenant, which result from or movable personal property belonging are based upon Lessee's failure to Tenant or any party claiming under Tenant, if not removed at the time of such termination and if Landlord shall so elect, shall be deemed abandoned and become the property of Landlord without any payment or offset therefor. If Landlord shall not so elect, Landlord may remove such property from surrender the Leased Property and store it at Tenant's risk and expense. Tenant shall bear the expense of repairing any damage to the Leased Property caused by such removal by Landlord or TenantProperty.

Surrender Upon Termination. Unless Tenant or an Applicable Purchaser purchases Landlord's entire interest in At the Leased Property pursuant to the terms expiration of the Purchase Agreement, Tenant shall, upon -------------- -------------------------- tenancy hereby created or the date of termination of Tenant's right to occupancythis lease, Lessee shall surrender to Landlord the Leased Property, including any buildings, alterations, improvements, replacements or additions constructed by Tenant (but excluding Tenant's Trade Fixtures and personal property not covered by this Lease) free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, to the extent required by Landlord, with all Improvements demised premises in the same condition of cleanliness, repair and sightliness as the demised premises were in upon the commencement of business under the date hereoflease, excepting only (i) ordinary reasonable wear and tear and damage by unavoidable casualty excepted. Lessee shall surrender all keys for the demised premises to Lessor at the place then fixed for the payment of rent and shall inform Lessor of all combinations on locks, safes and vaults, if any, in the demised premises. On the date of expiration or termination, all alterations, additions, improvements, all hard surface bonded or adhesively affixed flooring, and all fixtures on the demised premises other than Lessee's trade fixtures, operating equipment and carpeting, shall become the property of Lessor and shall remain upon and be surrendered with the demised premises as a part thereof, without disturbance, molestation or injury, and without credit to Lessee, its sublessees, concessionaires or licensees; provided, however, that if Lessor so requests in writing within thirty (provided that 30) days after such expiration or termination, Lessee at its sole expense shall remove any improvements, alterations, additions, fixtures or flooring installed or made by or for Lessee and shall restore the Leased Property shall have been maintained as required by demised premises to the other provisions hereof) and (ii) alterations and additions which are expressly permitted by condition prevailing prior to such installation. On or before the terms last day of this Lease and which have been completed by Tenant in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture the term or movable personal property belonging to Tenant or any party claiming under Tenantthe sooner termination thereof, Lessee, if not then in default, may remove all trade fixtures, operating equipment and other personal property of Lessee from the demised premises and shall repair any damage occasioned by any such removal. Property not so removed at the time of such termination and if Landlord shall so elect, shall be deemed abandoned and become the property of Landlord without any payment or offset thereforby Lessee. If Landlord the demised premises is not surrendered by Lessee at such time, Lessee shall not indemnify Lessor against loss or liability resulting from delay by Lessee in so electsurrendering the demised premises; including without limitation, Landlord may remove any claims made by any succeeding Lessee founded on such property from delay. Lessee's obligation to observe or perform this covenant shall survive the Leased Property and store it at Tenant's risk and expense. Tenant shall bear expiration or other termination of the expense term of repairing any damage to the Leased Property caused by such removal by Landlord or Tenantthis lease.

Surrender Upon Termination. Unless (a) Upon the expiration or termination of this Lease, whether caused by lapse of time or otherwise, Tenant will immediately surrender possession of the Premises to Landlord in as good a condition as existed on the date hereof, reasonable wear and tear, damage by casualty and any repair or an Applicable Purchaser purchases Landlord's entire interest in the Leased Property maintenance which Tenant is not required to make pursuant to the terms of this Lease, excepted. Tenant will also deliver to Landlord all keys to the Purchase AgreementPremises. If possession is not immediately surrendered, Landlord may enter and take control of the Premises and remove Tenant and any other person who may be occupying them. (b) All alterations, additions or improvements made to the Premises by or on behalf of Tenant (except trade fixtures) will remain on the Premises without compensation to Tenant. However, Landlord may notify Tenant to remove all alterations, additions or improvements made by Tenant during the Term which Landlord specified as requiring removal at the time Landlord approved the installation of same pursuant to Paragraph 8 above and to repair any damage caused to the Premises by such removal. If so notified, Tenant shallagrees to comply within the later of ten (10) days following the date of such notice or the date upon which this Lease expires or is terminated, whichever is later. Such removal and repair will be at Tenant's expense. (c) Tenant shall remove any furniture, trade fixtures and any movable equipment installed by it upon the termination of Tenant's right to occupancy, surrender to Landlord the Leased Property, including any buildings, alterations, improvements, replacements or additions constructed by Tenant (but excluding Tenant's Trade Fixtures and personal property not covered by this Lease) free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, to the extent required by Landlord, with all Improvements in the same condition as of the date hereof, excepting only (i) ordinary wear and tear (provided that the Leased Property shall have been maintained as required by the other provisions hereof) and (ii) alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by Tenant . Such removal must be accomplished in a good and workmanlike manner in accordance with all Applicable Lawsso as not to damage the Premises. Any movable furniture or movable personal property belonging to All furniture, trade fixtures and equipment not promptly removed when this Lease is terminated will be presumed abandoned by Tenant or any party claiming under Tenantand Landlord may, if not removed at the time its option, take possession of such termination property and if Landlord shall so electeither declare it to be abandoned by notifying Tenant thereof, shall be deemed abandoned and become the property of Landlord without any payment or offset therefor. If Landlord shall not so elect, Landlord may remove such property from the Leased Property it and store it or dispose of it at Tenant's risk and expense. Tenant shall bear the expense of repairing any damage to the Leased Property caused by such removal by Landlord or Tenant.

Surrender Upon Termination. Unless Tenant or an Applicable Purchaser purchases Landlord's entire interest in the Leased Property pursuant to the terms of the Purchase Agreement, a. Tenant shall, upon at the expiration or sooner termination of Tenant's right the Term (either, as applicable, being referred to occupancyherein as the “Surrender Date”), quit and surrender to Landlord the Leased PropertyPremises, including any buildings, alterations, improvements, replacements or additions constructed by Tenant (but excluding Tenant's Trade Fixtures broom clean and personal property not covered by in the condition required under this Lease) free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and, to the extent required by Landlord, with all Improvements in the same condition as of the date hereof, excepting only (i) ordinary reasonable wear and tear (provided that and damage caused by fire or other casualty which are not due to Tenants fault excepted, and shall surrender all keys for the Leased Property Premises to landlord at the place then fixed for the payment of rent, and shall have been maintained as required by the other provisions hereof) inform Landlord of all combinations of locks, safes and vaults, if any, located (ii) alterations and additions which are expressly permitted by Landlord to remain) in the terms Leased Premises. b. Except as otherwise expressly provided elsewhere in this Lease, Tenant shall, on the Surrender Date, remove all of this Lease and which have been completed by Tenant in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to Tenant or any party claiming under Tenant, if not removed at the time of such termination and if Landlord shall so elect, shall be deemed abandoned and become the property of Landlord without any payment or offset therefor. If Landlord shall not so elect, Landlord may remove such ’s property from the Leased Property Premises and store it at Tenant's risk and expense. Tenant shall bear the expense of repairing immediately repair any material damage to the Leased Property Premises caused by the installation and/or removal of such removal property. Any or all of such property not so removed shall, at Landlord’s option, become the exclusive property of Landlord or be disposed by Landlord, at Tenant’s cost and expense, without further notice to or demand upon Tenant, and without any liability to Tenant, in connection therewith. c. If the Leased Premises (or a portion thereof) shall not be surrendered as and when aforesaid, Tenant shall pay to Landlord as use and occupancy for each month or fraction thereof during which Tenant continues to occupy all or any portion of the Leased Premises from and after the Surrender Date (the “Continued Occupancy Period”) an amount of money (the “Occupancy Payment”) equal to one hundred fifty (150%) percent of one twelfth (1/12) of the Fixed Rent and additional rent payable by Tenant during the immediately preceding twelve (12) months. Tenant shall make the Occupancy Payment, without notice or previous demand therefore, on the first day of each and every month during the Continued Occupancy Period. d. In addition to making all required Occupancy Payments, Tenant shall, in the event of Tenant’s failure to surrender the Leased Premises on the Surrender Date as and in the manner aforesaid, also indemnify and hold Landlord harmless from and against any and all cost, expense, damage, claim, loss or liability directly resulting from any delay or failure by Tenant in so surrendering the Leased Premises, including any consequential damages suffered by Landlord and any claims made by any succeeding occupant founded on such delay or failure, and any and all reasonable attorneys’ fees, disbursements and court costs incurred by Landlord in connection with any of the foregoing. e. The receipt and acceptance by Landlord of all or any portion of the Occupancy Payment shall not be deemed a waiver or acceptance by Landlord of Tenant’s breach of Tenant’s covenants and agreements or a waiver by Landlord of Landlord’s right to institute any summary holdover proceedings against Tenant, or a waiver by Landlord of Landlord’s rights to enforce any of Landlord’s rights, or pursue any of Landlord’s remedies against Tenant in such event as provided for in this Lease or under law. f. It is expressly understood and agreed that there can be no extension of the Term unless said extension is reduced to writing and agreed to by Landlord. No verbal statement or unsigned writing shall be deemed to extend the Term, and Tenant hereby agrees that any improvements Tenant shall make to the Leased Premises in reliance upon any extension of the term given orally or by an unsigned writing shall be at Tenant’s peril. g. If the last day of the Term shall fall on a Saturday, Sunday or legal holiday, the term of this Lease shall expire on the business day immediately preceding such date. Each and everyone of Tenant’s obligations set forth in this Section 25 (including the indemnity) shall survive the expiration or other termination of the Term.