EVERY KIND AND DESCRIPTION (COLLECTIVELY,
"TENANT'S PERSONALTY"), SHALL BELONG TO TENANT THROUGHOUT THE TERM, AND TENANT
SHALL HAVE THE RIGHT TO REMOVE TENANT'S PERSONALTY FROM EACH PROPERTY LOCATION
AND THE OBLIGATION TO RESTORE ANY DAMAGE TO THE APPLICABLE PROPERTY LOCATION
CAUSED THEREBY, SUCH REMOVAL AND RESTORATION TO BE PERFORMED PRIOR TO THE END OF
THE TERM OR WITHIN TWENTY (20) DAYS FOLLOWING TERMINATION OF THIS LEASE OR
TENANT'S RIGHT OF POSSESSION, WHICHEVER IS EARLIER. IF TENANT FAILS TO REMOVE
SUCH ITEMS, LANDLORD MAY DO SO AND THEREUPON THE PROVISIONS OF SECTION 16.04
SHALL APPLY.
7.03
SURVIVAL. ALL OBLIGATIONS OF TENANT UNDER THIS ARTICLE 7 SHALL
SURVIVE THE EXPIRATION OF THE TERM OR EARLIER TERMINATION OF THIS LEASE.
ARTICLE 8.
HOLDING OVER
If Tenant remains in possession of any Property Location after the expiration of
the Term, Tenant, at Landlord's option and within Landlord's sole discretion,
may be deemed a tenant on a month-to-month basis and shall continue to pay Rent,
except that Tenant shall pay Landlord one hundred twenty-five percent (125%) of
the Base Rent then applicable to the final Lease Year of the Term for the period
Tenant remains in possession of such Property Location. The foregoing provisions
shall not serve as permission for Tenant to holdover, nor serve to extend the
Term (although Tenant shall remain bound to comply with all provisions of this
Lease until Tenant vacates each Property Location, and shall be subject to the
provisions of Article 7).
ARTICLE 9.
CONDITION AND CARE OF PREMISES
9.01
AS-IS CONDITION. TENANT ACKNOWLEDGES AND AGREES THAT TENANT ACCEPTS
EACH PROPERTY LOCATION IN "AS-IS, WHERE-IS" CONDITION AND AGREES THAT LANDLORD
MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDITION THEREOF. TENANT FURTHER
ACKNOWLEDGES AND AGREES THAT, PRIOR TO THE COMMENCEMENT DATE, TENANT OR AN
AFFILIATE OF TENANT HAS BEEN IN SOLE AND EXCLUSIVE POSSESSION AND CONTROL OF
EACH PROPERTY LOCATION.
9.02
TENANT'S OBLIGATIONS. SUBJECT TO TENANT'S RIGHTS SET FORTH IN
ARTICLE 11 BELOW AND THIS SECTION 9.02, TENANT SHALL MAINTAIN, OR CAUSE TO BE
MAINTAINED, IN GOOD WORKING ORDER EACH PROPERTY LOCATION, INCLUDING THE BUILDING
AND ANY OTHER IMPROVEMENTS LOCATED THEREON, THE EQUIPMENT SERVING THE BUILDING,
AND THE OTHER IMPROVEMENTS LOCATED THEREON, INCLUDING, WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, ROOFS, FOUNDATIONS AND APPURTENANCES TO THE
BUILDING, ALL
14
MECHANICAL, ELECTRICAL, PLUMBING, AND HEATING, AIR-CONDITIONING AND VENTILATION
SYSTEMS LOCATED IN OR OTHERWISE SERVING SUCH BUILDING, AND ALL WATER, SEWER AND
GAS CONNECTIONS, PIPES AND MAINS WHICH SERVICE SUCH BUILDING WHICH NEITHER ANY
PUBLIC UTILITY COMPANY NOR A PUBLIC AUTHORITY IS OBLIGATED TO REPAIR AND
MAINTAIN, AND SHALL PUT, KEEP AND MAINTAIN EACH BUILDING, AND THE OTHER
IMPROVEMENTS ON SUCH PARCEL IN GOOD WORKING ORDER AND MAKE ALL REPAIRS THEREIN
AND THEREON, INTERIOR AND EXTERIOR, STRUCTURAL AND NONSTRUCTURAL, NECESSARY TO
KEEP THE SAME IN GOOD WORKING ORDER AND TO COMPLY WITH ALL APPLICABLE LAWS,
HOWSOEVER THE NECESSITY OR DESIRABILITY THEREFOR MAY OCCUR. WHEN USED IN THIS
LEASE, THE TERM "REPAIRS" SHALL INCLUDE ALL ALTERATIONS, INSTALLATIONS,
REPLACEMENTS, REMOVALS, RENEWALS AND