WILL REPAIR ANY DAMAGE TO THE SUBLEASE PREMISES CAUSED BY ITS REMOVAL.
NOTWITHSTANDING ANYTHING IN THIS SUBLEASE TO THE CONTRARY, EXCEPT FOR
SUBTENANT'S PERSONAL PROPERTY, SUBTENANT SHALL HAVE NO OBLIGATION TO REMOVE ANY
OF THE SUBTENANT IMPROVEMENTS (AS DEFINED IN SUBPARAGRAPH (K) BELOW) OR THE
TEMPORARY PREMISES IMPROVEMENTS (AS DEFINED IN SUBPARAGRAPH (M) BELOW) FROM THE
SUBLEASE PREMISES OR THE TEMPORARY PREMISES, AS THE CASE MAY BE, UNLESS SUCH
IMPROVEMENTS WERE IDENTIFIED FOR
removal by written notice from Sublandlord or Master Landlord prior to the
installation of the same.
(H) HOLDING OVER.
IF SUBTENANT HOLDS OVER AFTER THE EXPIRATION OF THE SUBLEASE
TERM OR EARLIER TERMINATION OF THIS SUBLEASE, WITH OR WITHOUT THE EXPRESS OR
IMPLIED CONSENT OF SUBLANDLORD, THEN SUBTENANT WILL BECOME AND BE ONLY A TENANT
AT SUFFERANCE AT A PER DIEM FIXED RENT EQUAL TO (I) DURING SUCH PERIOD OF TIME
THAT THE MASTER LEASE REMAINS IN EFFECT, ONE HUNDRED AND FIFTY PERCENT (150%) OF
THE FIXED RENT PAYABLE BY SUBTENANT TO SUBLANDLORD UNDER THIS SUBLEASE
IMMEDIATELY PRIOR TO SUCH EXPIRATION OR TERMINATION OF THE SUBLEASE; OR (II)
DURING SUCH PERIOD OF TIME THAT THE MASTER LEASE HAS FOR ANY REASON WHATSOEVER
BEEN TERMINATED, EXPIRED OR OTHERWISE CANCELLED, ONE HUNDRED AND FIFTY PERCENT
(150%) OF THE FIXED RENT PAYABLE BY SUBLANDLORD AND ALLOCABLE TO THE SUBLEASE
PREMISES UNDER THE MASTER LEASE IMMEDIATELY PRIOR TO SUCH EXPIRATION OR
TERMINATION, AND OTHERWISE UPON THE TERMS, COVENANTS AND CONDITIONS HEREIN
SPECIFIED.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED HEREIN,
(A) SUBLANDLORD EXPRESSLY RESERVES THE RIGHT TO REQUIRE SUBTENANT TO SURRENDER
POSSESSION OF THE SUBLEASE PREMISES UPON THE EXPIRATION OF SUBLEASE TERM OR UPON
THE EARLIER TERMINATION OF THIS SUBLEASE AND THE RIGHT TO ASSERT ANY REMEDY AT
LAW OR IN EQUITY TO EVICT SUBTENANT AND/OR COLLECT DAMAGES IN CONNECTION WITH
ANY HOLDING OVER, AND (B) SUBTENANT WILL INDEMNIFY, DEFEND AND HOLD SUBLANDLORD
HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS,
LOSSES, DAMAGES, OBLIGATIONS, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION,
ATTORNEYS' FEES (INCLUDING THE ALLOCATED COSTS OF SUBLANDLORD'S IN-HOUSE
ATTORNEYS) INCURRED OR SUFFERED BY SUBLANDLORD BY REASON OF SUBTENANT'S FAILURE
TO SURRENDER THE SUBLEASE PREMISES ON THE EXPIRATION OF THE SUBLEASE TERM OR
EARLIER TERMINATION OF THIS SUBLEASE.
(I) EXTENSION OPTION.
SUBLANDLORD HEREBY GRANTS TO SUBTENANT THE OPTION TO
EXTEND THE SUBLEASE TERM FOR ONE (1) ADDITIONAL TERM OF FORTY EIGHT (48) MONTHS,
EXPIRING ON APRIL 30, 2015, OR ON SUCH EARLIER DATE UPON WHICH SAID TERM MAY
EXPIRE OR BE CANCELLED OR TERMINATED PURSUANT TO ANY OF THE PROVISIONS OF THIS
SUBLEASE (THE "EXTENSION TERM"), UPON AND SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS:
(I)
THE EXTENSION TERM SHALL COMMENCE ON THE
DAY NEXT SUCCEEDING THE EXPIRATION DATE OF THE INITIAL SUBLEASE TERM.
(II)
SUBTENANT SHALL EXERCISE SUCH OPTION AS TO
THE EXTENSION TERM BY GIVING WRITTEN NOTICE OF EXERCISE OF THE OPTION (THE
"EXTENSION NOTICE") TO SUBLANDLORD AT LEAST TWELVE (12) MONTHS BUT NO MORE THAN
EIGHTEEN (18) MONTHS BEFORE THE FIRST DAY OF THE