TO LANDLORD THE PREMISES, BROOM CLEAN IN THE SAME CONDITION
AS AT THE DATE OF COMMENCEMENT OF THE LEASE TERM, EXCEPT FOR (A) ALTERATIONS
WHICH TENANT IS NOT REQUIRED TO REMOVE PURSUANT TO SECTION 23(B) BELOW, (B)
ALTERATIONS AS TO WHICH LANDLORD'S CONSENT WAS NOT REQUIRED TO BE OBTAINED AS
PROVIDED IN SECTION 23(B) HEREOF, AND (C) REASONABLE WEAR AND TEAR, DAMAGE
CAUSED BY CASUALTY OR CONDEMNATION (THE REPAIR OBLIGATIONS FOR WHICH ARE COVERED
IN SECTIONS 19 AND 20 HEREOF), AND TENANT SHALL REMOVE SUCH OF ITS PERSONALTY,
MOVABLE EQUIPMENT AND ALTERATIONS, ADDITIONS, AND IMPROVEMENTS FROM THE PREMISES
AS IS REQUIRED BY SECTION 23(B) BELOW.
TENANT'S OBLIGATION TO OBSERVE OR
PERFORM THE COVENANTS SET FORTH IN THIS SECTION 23 SHALL SURVIVE THE EXPIRATION
OR TERMINATION OF THIS LEASE.
(B)
TENANT SHALL, UPON THE EXPIRATION OR EARLIER
TERMINATION OF THIS LEASE OR THE TERMINATION OF TENANT'S RIGHT TO POSSESSION OF
THE PREMISES, REMOVE ALL PERSONALTY AND MOVABLE EQUIPMENT WHICH IT HAS PLACED
UPON THE PREMISES OR THE BUILDING, INCLUDING, WITHOUT LIMITATION, ANY COMPUTER,
SATELLITE, TELEPHONE OR TELECOMMUNICATIONS EQUIPMENT (INCLUDING, BUT NOT LIMITED
TO, THE EXISTING THREE-METER DISH LOCATED ON THE ROOF OF THE BUILDING), WIRING,
CABLING OR HARDWARE, WHETHER OR NOT SUCH PERSONAL PROPERTY, EQUIPMENT,
ALTERATIONS, ADDITIONS, OR IMPROVEMENTS ARE LOCATED IN THE PREMISES.
TENANT
SHALL ALSO REMOVE ANY ALTERATIONS WHICH REQUIRED THE APPROVAL OF LANDLORD AND
WITH REGARD TO WHICH LANDLORD NOTIFIED TENANT WITH LANDLORD'S APPROVAL THAT
REMOVAL THEREOF WOULD BE REQUIRED UPON TERMINATION OF THIS LEASE.
LANDLORD
ACKNOWLEDGES AND AGREES THAT TENANT SHALL HAVE THE RIGHT TO REMOVE ANY AUDIO
VISUAL EQUIPMENT INSTALLED IN THE PREMISES.
TENANT SHALL BE RESPONSIBLE FOR THE
COST OF ANY REPAIRS OF ANY DAMAGE CAUSED BY REMOVAL OF SUCH PERSONALTY,
EQUIPMENT, ALTERATIONS, ADDITIONS AND IMPROVEMENTS REQUIRED TO BE REMOVED BY
TENANT OR REMOVED BY TENANT HEREUNDER.
IF TENANT SHALL FAIL OR REFUSE TO REMOVE
ALL OF TENANT'S PERSONALTY, AND EQUIPMENT REQUIRED TO BE REMOVED FROM THE
PREMISES UPON THE EXPIRATION OR TERMINATION OF THIS LEASE FOR ANY CAUSE
WHATSOEVER, OR UPON TENANT BEING DISPOSSESSED BY PROCESS OF LAW OR OTHERWISE,
LANDLORD MAY, AT ITS OPTION, REMOVE THE SAME IN ANY MANNER THAT LANDLORD SHALL
CHOOSE AND STORE OR DISPOSE OF SAID EQUIPMENT AND PERSONALTY WITHOUT LIABILITY
FOR ANY LOSS OR DAMAGE THERETO.
TENANT SHALL PAY LANDLORD ON DEMAND ANY AND ALL
REASONABLE OUT-OF-POCKET EXPENSES INCURRED BY LANDLORD IN SUCH REMOVAL, STORAGE
AND DISPOSAL, INCLUDING, WITHOUT LIMITATION, COURT COSTS,
31
REASONABLE ATTORNEYS' FEES ACTUALLY INCURRED, STORAGE CHARGES AND THE COST OF
REPAIRING ANY DAMAGE TO THE BUILDING CAUSED BY SUCH REMOVAL.
LANDLORD, AT ITS
OPTION, MAY, WITHOUT NOTICE, SELL SAID EQUIPMENT AND PERSONALTY OR ANY PART
THEREOF AT PUBLIC OR PRIVATE SALE FOR SUCH PRICE AS LANDLORD MAY OBTAIN AND
RETAIN ALL THE PROCEEDS OF SUCH SALE.
THE COVENANTS AND CONDITIONS OF THIS
SECTION 23 SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS LEASE.
(C)
SUBJECT TO ANY AGREEMENT BETWEEN LANDLORD
AND A SUBTENANT, THE VOLUNTARY OR OTHER SURRENDER OF THIS LEASE BY TENANT,