OR ORDINANCE NOW OR HEREAFTER IN
EFFECT OTHER THAN AS EXPRESSLY PROVIDED IN THIS LEASE.
21.
SURRENDER.
21.1
SURRENDER.
UPON THE TERMINATION DATE, TENANT SHALL
SURRENDER THE PREMISES TO LANDLORD IN GOOD ORDER AND REPAIR, REASONABLE WEAR AND
TEAR AND DAMAGE BY CASUALTY EXCEPTED, FREE AND CLEAR OF ALL LETTING AND
OCCUPANCIES.
SUBJECT TO ARTICLE 10, UPON ANY TERMINATION OF THIS LEASE, ALL
IMPROVEMENTS, EXCEPT FOR TENANT'S PROPERTY, SHALL AUTOMATICALLY AND WITHOUT
FURTHER ACT BY LANDLORD OR TENANT, BECOME THE PROPERTY OF LANDLORD, FREE AND
CLEAR OF ANY CLAIM OR INTEREST THEREIN BY TENANT, AND WITHOUT PAYMENT THEREFOR
BY LANDLORD.
21.2
HOLDING OVER.
ANY HOLDING OVER AFTER THE EXPIRATION
OF THE TERM WITH THE CONSENT OF LANDLORD SHALL BE CONSTRUED TO AUTOMATICALLY
EXTEND THE TERM ON A MONTH-TO-MONTH BASIS AT A BASE RENT EQUAL TO THE GREATER OF
(A) TWO (2) TIMES THE THEN-CURRENT BASE RENT, AND (B) ONE AND ONE-HALF (1-1/2)
TIMES THE PREVAILING RATE AT WHICH LANDLORD IS THEN OFFERING SPACE IN BUILDINGS
REASONABLY DETERMINED BY LANDLORD TO BE COMPARABLE TO THE BUILDING, IN EITHER
CASE TOGETHER WITH AN AMOUNT ESTIMATED BY LANDLORD AS TENANT'S SHARE OF
OPERATING EXPENSES PAYABLE UNDER THIS LEASE, AND SHALL OTHERWISE
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BE ON THE TERMS AND CONDITIONS OF THIS LEASE TO THE EXTENT APPLICABLE.
ANY
HOLDING OVER WITHOUT LANDLORD'S CONSENT SHALL ENTITLE LANDLORD TO EXERCISE ANY
OR ALL OF ITS REMEDIES PROVIDED IN ARTICLE 16, NOTWITHSTANDING THAT LANDLORD MAY
ELECT TO ACCEPT ONE OR MORE PAYMENTS OF BASE RENT AND OPERATING EXPENSES FROM
TENANT.
21.3
QUITCLAIM.
AT THE EXPIRATION OR EARLIER TERMINATION
OF THIS LEASE, TENANT SHALL EXECUTE, ACKNOWLEDGE AND DELIVER TO LANDLORD, WITHIN
TEN (10) DAYS AFTER WRITTEN DEMAND FROM LANDLORD TO TENANT, ANY QUITCLAIM DEED
OR OTHER DOCUMENT REQUIRED BY ANY REPUTABLE TITLE COMPANY, LICENSED TO OPERATE
IN THE STATE OF CALIFORNIA, TO REMOVE THE CLOUD OR ENCUMBRANCE CREATED BY THIS
LEASE FROM THE PROPERTY.
22.
FINANCIAL STATEMENTS.
Tenant shall tender to Landlord within ten (10) business days after receipt of a
written request any information reasonably requested by Landlord regarding the
financial stability, credit worthiness or ability of Tenant to pay the Rent due
under this Lease. Notwithstanding the foregoing, if the Tenant is a Public
Company subject to the reporting requirements of the Securities Exchange Act of
1934 (the "Exchange Act"), Tenant shall, in lieu of the foregoing requirements,
promptly deliver to Landlord all filings made by or on behalf of Tenant with the
Securities Exchange Commission or with any securities exchange.
Landlord shall
be entitled to rely upon the information provided in determining whether or not
to enter into this Lease or for the purpose of any financing or other
transaction subsequently undertaken by Landlord.
Tenant hereby represents and
warrants to Landlord the following:
(a) that all documents provided by Tenant
to Landlord in connection with the negotiation of this Lease are true and
correct copies of the originals, (b) Tenant has not withheld any information
from Landlord that is material to Tenant's credit worthiness, financial