WITHOUT THE EXPRESS PRIOR WRITTEN
CONSENT OF LANDLORD, WHICH CONSENT WILL BE GRANTED OR WITHHELD IN ACCORDANCE
WITH THIS ARTICLE XIV.
ARTICLE XV.
SURRENDER OF PREMISES; OWNERSHIP AND
REMOVAL OF TRADE FIXTURES
15.1
SURRENDER OF PREMISES.
NO ACT OR THING DONE BY LANDLORD OR BY ANY
OF LANDLORD'S AGENTS OR EMPLOYEES DURING THE LEASE TERM WILL CONSTITUTE
LANDLORD'S ACCEPTANCE OF A SURRENDER OF THE PREMISES UNLESS LANDLORD
SPECIFICALLY ACKNOWLEDGES THAT INTENT IN AN EXECUTED WRITTEN INSTRUMENT.
THE
DELIVERY OF KEYS TO THE PREMISES TO LANDLORD OR ANY OF LANDLORD'S AGENTS OR
EMPLOYEES WILL NOT CONSTITUTE A SURRENDER OF THE PREMISES OR BRING ABOUT A
TERMINATION OF THIS LEASE, WHETHER OR NOT LANDLORD RETAINS THE KEYS, AND,
NOTWITHSTANDING ITS EARLIER DELIVERY OF THE KEYS, TENANT WILL BE ENTITLED TO THE
RETURN OF THE KEYS AT ANY REASONABLE TIME UPON REQUEST UNTIL THE LEASE TERM
EXPIRES OR THIS LEASE IS PROPERLY TERMINATED IN ACCORDANCE WITH ITS TERMS.
TENANT'S VOLUNTARY OR OTHER SURRENDER OF THE PREMISES, WHETHER ACCEPTED BY
LANDLORD OR NOT, OR A MUTUAL TERMINATION OF THIS LEASE WILL NOT WORK A MERGER
AND, AT LANDLORD'S OPTION, WILL OPERATE AS AN ASSIGNMENT TO LANDLORD OF ALL
SUBLEASES OR SUBTENANCIES AFFECTING THE PREMISES.
15.2
SURRENDER CONDITION.
UPON THE EXPIRATION OF THE LEASE TERM OR THE
EARLIER TERMINATION OF THIS LEASE OR OF TENANT'S RIGHT TO POSSESSION OF THE
PREMISES, TENANT SHALL QUIT AND SURRENDER POSSESSION OF THE PREMISES TO LANDLORD
IN SURRENDER CONDITION, SUBJECT TO THE PROVISIONS OF THIS ARTICLE XV.
AS USED
HEREIN, "SURRENDER CONDITION" MEANS THAT CONDITION THAT IS "BROOM-CLEAN" AND IN
AS GOOD ORDER AND CONDITION AS EXISTED ON THE COMMENCEMENT DATE
37
and as thereafter improved by Landlord or Tenant and in compliance with Tenant's
Management Standard set forth in Section 7.3, except for ordinary wear and tear,
damage that Landlord has the obligation to repair under the terms of this Lease
at Landlord's cost and expense, and Alterations that Tenant does not have the
obligation to
remove in accordance with Section 8.2.
15.3
REMOVAL OF TENANT'S PROPERTY BY TENANT.
UPON THE EXPIRATION OF
THE LEASE TERM OR THE EARLIER TERMINATION OF THIS LEASE OR OF TENANT'S RIGHT TO
POSSESSION OF THE PREMISES, TENANT SHALL REMOVE OR CAUSE TO BE REMOVED FROM THE
PREMISES, WITHOUT EXPENSE TO LANDLORD, ALL DEBRIS AND RUBBISH AND SUCH ITEMS OF
FURNITURE, COMPUTER SYSTEMS, TELEPHONE AND OTHER SPECIAL EQUIPMENT,
FREE-STANDING CABINET WORK, WORKSTATIONS AND OTHER TRADE FIXTURES OR ARTICLES OF
PERSONAL PROPERTY INSTALLED OR PLACED IN THE PREMISES BY TENANT OR ANY
TENANT-RELATED PARTY, AND TENANT SHALL REPAIR AT ITS OWN EXPENSE ALL DAMAGE TO
THE PREMISES RESULTING FROM SUCH REMOVAL.
15.4
REMOVAL OF TENANT'S PROPERTY BY LANDLORD.
WHENEVER LANDLORD
RE-ENTERS THE PREMISES AS PROVIDED FOR IN THIS LEASE, LANDLORD MAY TREAT ANY OF
TENANT'S TRADE FIXTURES AND PERSONAL PROPERTY THAT TENANT HAS FAILED TO REMOVE
(I) UPON THE EXPIRATION OF THE LEASE TERM IN THE ABSENCE OF A DEFAULT BY TENANT,
OR (II) WITHIN SEVEN (7) DAYS FOLLOWING A TERMINATION OCCURRING BY