BY WHICH IT SHALL BE
REQUIRED TO BE COMPLETED HEREUNDER. IF THE ARBITRATION IS DETERMINED IN FAVOR OF
LANDLORD, THEN LANDLORD SHALL HAVE THE RIGHT (BUT SHALL NOT BE OBLIGATED) TO USE
ANY SECURITY THEN ON DEPOSIT WITH LANDLORD TO COMPLETE THE SAME. IN THE EVENT
THAT LANDLORD SHALL COMPLETE SUCH ALTERATION FOR A COST THAT IS LESS THAN THE
THEN AVAILABLE BALANCE OF ANY SECURITY DEPOSITED TO SECURE TENANT'S OBLIGATION
TO PERFORM THE ALTERATION IN QUESTION, THEN ANY EXCESS UNUSED PORTION OF SUCH
SECURITY BEING HELD BY LANDLORD AFTER THE RESTORATION OF THE APPLICABLE
ALTERATION WITH RESPECT TO WHICH IT WAS DEPOSITED WITH LANDLORD SHALL BELONG TO
AND PROMPTLY BE REFUNDED BY LANDLORD TO TENANT.
(C)
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS
ARTICLE 10 OR ELSEWHERE IN THIS LEASE, TENANT SHALL BE OBLIGATED TO SURRENDER
THE PREMISES AND THE BUILDING ON THE EXPIRATION DATE IN THE CONDITION AND
QUALITY THAT THE PREMISES AND THE BUILDING (INCLUDING, WITHOUT LIMITATION, THE
BUILDING SYSTEMS) WOULD HAVE BEEN IN AT THE TIME OF SUCH SURRENDER HAD TENANT
COMPLIED WITH THE TERMS OF THIS LEASE (ANY SUCH ALTERATION REQUIRED TO BE
PERFORMED BY TENANT TO SATISFY THE FOREGOING REQUIREMENT BEING HEREIN REFERRED
TO AS A "TURNOVER ALTERATION").
AT LEAST ONE HUNDRED AND TWENTY DAYS (120) DAYS
PRIOR TO, BUT NO EARLIER THAN ONE HUNDRED AND EIGHTY (180) DAYS PRIOR TO, THE
EXPIRATION DATE, LANDLORD SHALL NOTIFY TENANT, AND LANDLORD AND TENANT SHALL
ENDEAVOR TO AGREE UPON ANY TURNOVER ALTERATION REMAINING TO BE PERFORMED BY
TENANT.
IF THE PARTIES SHALL BE UNABLE TO RESOLVE ANY DISPUTE REGARDING WHETHER
TENANT HAS AN OBLIGATION TO PERFORM ANY TURNOVER ALTERATION OR REGARDING THE
MANNER IN WHICH THE SAME SHALL BE REQUIRED TO BE PERFORMED WITHIN SUCH ONE
HUNDRED AND TWENTY (120) DAY PERIOD, THEN EITHER PARTY MAY SUBMIT THE MATTER TO
ARBITRATION IN ACCORDANCE WITH SECTION 18.4.
ALL TURNOVER ALTERATIONS SHALL BE
PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE 10 AND OTHER
PORTIONS OF THIS LEASE APPLICABLE TO ALTERATIONS.
(D)
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS
ARTICLE 10 OR ELSEWHERE IN THIS LEASE, TENANT SHALL NOT PERFORM ANY ALTERATION
WHICH TENANT SHALL BE
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OBLIGATED TO RESTORE UNDER THIS ARTICLE 10 UNLESS THE RESTORATION OF SUCH
ALTERATION CAN BE COMPLETED AS AND WHEN REQUIRED UNDER ARTICLE 10.
(E)
WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THIS
LEASE, IN THE EVENT THAT TENANT SHALL FAIL TO RESTORE ANY ALTERATION THAT IT IS
OBLIGATED HEREUNDER TO RESTORE OR SHALL FAIL TO PERFORM ANY TURNOVER ALTERATION,
AND THE FAILURE TO PERFORM SAME SHALL INTERFERE WITH THE USE AND OCCUPANCY OF
THE PREMISES OR ANY PORTION THEREOF, THEN TENANT SHALL BE LIABLE TO LANDLORD FOR
FAILURE TO MAKE SUCH TURNOVER ALTERATIONS.
10.4
OWNERSHIP OF IMPROVEMENTS.
EXCEPT AS PROVIDED IN SECTION 10.5, ALL
ALTERATIONS, AND ANY OTHER APPURTENANCES, FIXTURES, IMPROVEMENTS, EQUIPMENT,
ADDITIONS AND PROPERTY PERMANENTLY ATTACHED TO OR INSTALLED IN THE PREMISES AT
THE COMMENCEMENT OF OR DURING THE TERM, SHALL AT THE END