EQUIPMENT AND OTHER PERSONAL PROPERTY), AND LESSEE SHALL COMMENCE AND
COMPLETE, SUBJECT TO FORCE MAJEURE, SUCH DEMOLITION AND REMOVAL AT LESSEE'S SOLE
COST AND EXPENSE WITHIN A REASONABLE TIME AND SHALL RESTORE THE REAL ESTATE
SUBSTANTIALLY TO THEIR CONDITION AS OF THE DATE OF EXECUTION OF THIS LEASE.
BEFORE COMMENCING ANY DEMOLITION OR REMOVAL, LESSEE SHALL FURNISH TO THE
COMMISSION ITS PLAN FOR RESTORING THE LEASED PREMISES (THE "PREMISES RESTORATION
PLAN") AND REASONABLE SECURITY ASSURING COMPLETION OF THE DEMOLITION AND REMOVAL
AND RESTORATION AS REQUIRED BY THIS SECTION.
IN THE EVENT THAT LESSEE SHALL
FAIL TO COMPLETE SUCH DEMOLITION AND REMOVAL WITHIN A REASONABLE TIME AND SUCH
FAILURE SHALL CONTINUE FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE BY THE
COMMISSION TO LESSEE (OR SUCH LONGER PERIOD AS MAY BE REQUIRED IF LESSEE IS
PROSECUTING SUCH DEMOLITION AND REMOVAL WITH REASONABLE DILIGENCE), THE
COMMISSION SHALL BE ENTITLED TO COMPLETE THE SAME, AND THE OUT-OF-POCKET COSTS
THEREOF TO THE COMMISSION SHALL BE PAYABLE BY LESSEE WITHIN TWENTY (20) DAYS
AFTER DEMAND THEREFOR, AND THE COMMISSION MAY RECOVER SUCH COSTS FROM THE
SECURITY PROVIDED BY LESSEE.
SECTION 14.04.
PROPERTY NOT REMOVED.
UPON THE EXPIRATION OR EARLIER
TERMINATION OF THIS LEASE, PROVIDED AN EVENT OF DEFAULT DOES NOT EXIST AND
PROVIDED LESSEE HAS PROVIDED THE SECURITY REQUIRED BY SECTION 14.03, LESSEE
SHALL HAVE THE RIGHT TO REMOVE ALL OF ITS FIXTURES, EQUIPMENT AND OTHER PERSONAL
PROPERTY.
ANY SUCH PROPERTY OF LESSEE WHICH SHALL REMAIN IN OR UPON THE
39
LEASED PREMISES FOR MORE THAN THIRTY (30) DAYS AFTER THE EXPIRATION OR EARLIER
TERMINATION OF THIS LEASE SHALL BE DEEMED TO HAVE BEEN ABANDONED BY LESSEE AND,
AT THE OPTION OF THE COMMISSION, SUCH PROPERTY: (A) SHALL BE RETAINED BY THE
COMMISSION AS ITS PROPERTY; (B) SHALL BE DISPOSED OF BY THE COMMISSION IN SUCH
MANNER AS THE COMMISSION SHALL DETERMINE, WITHOUT ACCOUNTABILITY TO LESSEE OR
ANY OTHER PERSON; OR (C) SHALL BE PROMPTLY REMOVED BY LESSEE AT LESSEE'S EXPENSE
UPON WRITTEN REQUEST THEREOF FROM THE COMMISSION.
THE COMMISSION SHALL NOT BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE OCCURRING TO ANY PROPERTY OWNED BY LESSEE.
IN ADDITION, IF THE PROPERTY IS LEFT AT THE LEASED PREMISES, THE COMMISSION MAY
DEEM LESSEE TO BE HOLDING OVER IN ACCORDANCE WITH SECTION 14.05.
SECTION 14.05.
HOLDING OVER.
IN THE EVENT LESSEE REMAINS IN POSSESSION
OF THE LEASED PREMISES WITH THE CONSENT OF THE COMMISSION AFTER THE EXPIRATION
OF THE DEMISED TERM, AND WITHOUT THE EXECUTION OF A NEW LEASE OR AN EXTENSION OF
THIS LEASE, IT SHALL BE DEEMED TO BE OCCUPYING THE LEASED PREMISES AS A LESSEE
FROM MONTH TO MONTH AT ONE HUNDRED FIFTY PERCENT (150%) OF THE BASIC RENT
PAYABLE DURING THE LAST MONTH OF THE DEMISED TERM, AND SUBJECT TO ALL THE OTHER
CONDITIONS, PROVISIONS AND OBLIGATIONS OF THIS LEASE INSOFAR AS THE SAME ARE
APPLICABLE TO A MONTH-TO-MONTH TENANCY, INCLUDING THE PAYMENT OF ADDITIONAL RENT
AND ALL OTHER CHARGES REQUIRED HEREUNDER.
SUCH MONTH-TO-MONTH TENANCY MAY BE
TERMINATED BY EITHER PARTY AS OF