TENANT'S ACTION OR
INACTION CONTRARY TO THE PROVISIONS HEREOF, SHALL BE OR BECOME A LIEN,
ENCUMBRANCE, CHARGE OR SECURITY INTEREST UPON THE PREMISES, OR ANY PORTION
THEREOF, OR THE INCOME THEREFROM, OTHER THAN PERMITTED ENCUMBRANCES.
22.
END OF TERM
(A)
UPON THE EXPIRATION OR EARLIER TERMINATION
OF THE TERM OF THIS LEASE, TENANT SHALL SURRENDER THE PREMISES TO LANDLORD IN
GOOD REPAIR AND IN A CONDITION EQUAL TO OR BETTER THAN THE CONDITION EXISTING AS
OF THE DATE HEREOF, SUBJECT TO ORDINARY WEAR AND TEAR, EXCEPT AS REPAIRED,
REBUILT OR ALTERED AS REQUIRED OR PERMITTED BY THIS LEASE (OR, IN THE CASE OF
TERMINATION PURSUANT TO PARAGRAPH 14, AS CONDEMNED), WITH THE EQUIPMENT AND
IMPROVEMENTS, INCLUDING ALL SYSTEMS AND COMPONENTS THEREOF LISTED ON EXHIBIT G
ATTACHED HERETO, IN GOOD WORKING ORDER AND CONDITION AS REASONABLY DETERMINED BY
LANDLORD, AND TENANT SHALL SURRENDER ALL KEYS TO THE PREMISES TO LANDLORD AT THE
PLACE THEN FIXED FOR NOTICES TO LANDLORD AND SHALL INFORM LANDLORD OF ALL
COMBINATIONS ON LOCKS, SAFES AND VAULTS, IF ANY.
EXCEPT AS OTHERWISE PROVIDED
HEREIN, TENANT SHALL AT SUCH TIME REMOVE ALL OF ITS PROPERTY (INCLUDING TENANT'S
TRADE FIXTURES) THEREFROM AND ALL ALTERATIONS AND IMPROVEMENTS PLACED THEREON BY
TENANT AND NOT CONSENTED TO BY LANDLORD.
TENANT SHALL REPAIR ANY DAMAGE TO THE
PREMISES CAUSED BY SUCH REMOVAL, AND ANY AND ALL SUCH PROPERTY NOT SO REMOVED
WHEN REQUIRED SHALL, AT LANDLORD'S OPTION, BECOME THE EXCLUSIVE PROPERTY OF
LANDLORD OR BE DISPOSED OF BY LANDLORD, AT TENANT'S COST AND EXPENSE, WITHOUT
FURTHER NOTICE TO OR DEMAND UPON TENANT.
(B)
IF THE PREMISES ARE NOT SURRENDERED AS ABOVE
SET FORTH, TENANT SHALL INDEMNIFY, DEFEND AND HOLD LANDLORD HARMLESS FROM AND
AGAINST LOSS OR LIABILITY RESULTING FROM THE DELAY BY TENANT IN SO SURRENDERING
PREMISES, INCLUDING ANY CLAIM MADE BY ANY SUCCEEDING OCCUPANT FOUNDED ON SUCH
DELAY.
TENANT'S OBLIGATION TO OBSERVE OR PERFORM THIS COVENANT SHALL SURVIVE
THE EXPIRATION OR OTHER TERMINATION OF THIS LEASE FOR THREE (3) YEARS.
IN
ADDITION TO THE FOREGOING, AND
IN ADDITION TO THE ADDITIONAL RENT, TENANT SHALL PAY TO LANDLORD A SUM EQUAL TO
ONE HUNDRED FIFTY PERCENT (150%) OF THE FIXED RENT PAYABLE DURING THE PRECEDING
YEAR DURING EACH MONTH OR PORTION THEREOF FOR WHICH TENANT SHALL REMAIN IN
POSSESSION OF THE PREMISES OR ANY PART THEREOF AFTER THE TERMINATION OF THE TERM
OR OF TENANT'S RIGHTS OF POSSESSION, WHETHER BY LAPSE OF TIME OR OTHERWISE.
THE
PROVISIONS OF THIS PARAGRAPH 22(B) SHALL NOT BE DEEMED TO LIMIT OR CONSTITUTE A
WAIVER OF ANY OTHER RIGHTS OR REMEDIES OF LANDLORD PROVIDED HEREIN, AT LAW OR AT
EQUITY.
(C)
ALL PROPERTY OF TENANT NOT REMOVED ON OR
BEFORE THE LAST DAY OF THE TERM OF THIS LEASE SHALL BE DEEMED ABANDONED. TENANT
HEREBY AGREES THAT LANDLORD MAY REMOVE ALL PROPERTY OF TENANT, INCLUDING
TENANT'S TRADE FIXTURES, FROM THE PREMISES UPON TERMINATION OF THIS LEASE AND TO
CAUSE ITS TRANSPORTATION AND STORAGE, ALL AT THE SOLE COST AND RISK OF TENANT
AND LANDLORD SHALL NOT