SHALL BE ENTITLED TO PURSUE A
SEPARATE CLAIM AGAINST THE APPROPRIATE AUTHORITY AND ANY COMPENSATION
SPECIFICALLY AND INDEPENDENTLY AWARDED TO TENANT FOR LOSS OF BUSINESS OR
GOODWILL, LOSS OF ITS LEASEHOLD INTEREST IN THE PREMISES, LOSS OF ITS PERSONAL
PROPERTY OR FOR RELOCATION EXPENSES, SHALL BE THE PROPERTY OF TENANT.
20.
SURRENDER AND HOLDOVER.
ON THE LAST DAY OF THE TERM, OR UPON ANY
EARLIER TERMINATION OF THIS LEASE, OR UPON ANY AUTHORIZED RE-ENTRY BY LANDLORD
UPON THE PREMISES: (A) TENANT SHALL QUIT AND SURRENDER THE PREMISES TO LANDLORD
IN A "BROOM-CLEAN" CONDITION, SUBJECT ONLY TO ORDINARY WEAR AND TEAR (AS IS
ATTRIBUTABLE TO DETERIORATION BY REASON OF TIME AND USE, IN SPITE OF TENANT'S
REASONABLE CARE) AND SUCH DAMAGE OR DESTRUCTION AS LANDLORD IS REQUIRED TO
REPAIR OR RESTORE UNDER THIS LEASE; (B) TENANT SHALL REMOVE ALL OF TENANT'S
PERSONAL PROPERTY THEREFROM, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS
LEASE; AND (C) TENANT SHALL SURRENDER TO LANDLORD ANY AND ALL KEYS, ACCESS
CARDS, COMPUTER CODES OR ANY OTHER ITEMS USED TO ACCESS THE PREMISES.
UPON
REASONABLE PRIOR NOTICE, LANDLORD SHALL BE PERMITTED TO INSPECT THE PREMISES IN
ORDER TO VERIFY COMPLIANCE WITH THIS SECTION 20 AT ANY TIME PRIOR TO (X) THE
EXPIRATION DATE, (Y) THE EFFECTIVE DATE OF ANY EARLIER TERMINATION OF THIS
LEASE, OR (Z) THE SURRENDER DATE OTHERWISE AGREED TO IN WRITING BY LANDLORD AND
TENANT.
THE OBLIGATIONS IMPOSED UNDER THE FIRST SENTENCE OF THIS SECTION 20
SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE.
IF TENANT REMAINS IN
POSSESSION AFTER THE EXPIRATION DATE HEREOF OR AFTER ANY EARLIER TERMINATION
DATE OF THIS LEASE OR OF TENANT'S RIGHT TO POSSESSION: (I) TENANT SHALL BE
DEEMED A TENANT-AT-WILL; (II) TENANT SHALL PAY ONE HUNDRED FIFTY PERCENT (150%)
OF THE AGGREGATE OF BASE RENT LAST PREVAILING HEREUNDER, AND ALSO SHALL PAY ALL
ACTUAL DAMAGES SUSTAINED BY LANDLORD, DIRECTLY BY REASON OF TENANT'S REMAINING
IN POSSESSION AFTER THE EXPIRATION OR TERMINATION OF THIS LEASE; (III) THERE
SHALL BE NO RENEWAL OR EXTENSION OF THIS LEASE BY OPERATION OF LAW; AND (IV) THE
TENANCY-AT-WILL MAY BE TERMINATED BY EITHER PARTY HERETO UPON THIRTY (30) DAYS'
PRIOR WRITTEN NOTICE GIVEN BY THE TERMINATING PARTY TO THE NON-TERMINATING
PARTY.
THE PROVISIONS OF THIS SECTION 20 SHALL NOT CONSTITUTE A WAIVER BY
LANDLORD OF ANY RE-ENTRY RIGHTS OF LANDLORD PROVIDED HEREUNDER OR BY LAW.
21.
EVENTS OF DEFAULT.
21.1.
BANKRUPTCY OF TENANT.
IT SHALL BE A DEFAULT BY TENANT UNDER THIS
LEASE ("DEFAULT" OR "EVENT OF DEFAULT") IF TENANT MAKES AN ASSIGNMENT FOR THE
BENEFIT OF CREDITORS, OR FILES A VOLUNTARY PETITION UNDER ANY STATE OR FEDERAL
BANKRUPTCY OR INSOLVENCY LAW (INCLUDING THE
17
UNITED STATES BANKRUPTCY CODE), OR AN INVOLUNTARY PETITION IS FILED AGAINST
TENANT UNDER ANY STATE OR FEDERAL BANKRUPTCY (INCLUDING THE UNITED STATES
BANKRUPTCY CODE) OR INSOLVENCY LAW THAT IS NOT DISMISSED WITHIN NINETY (90) DAYS
AFTER FILING, OR WHENEVER A RECEIVER OF TENANT, OR OF, OR FOR, THE PROPERTY OF
TENANT SHALL BE APPOINTED, OR TENANT ADMITS