PERCENT (51%) OF THE
VOTING INTEREST IN, ANY PERSON OR ENTITY.
ARTICLE 15
SURRENDER OF PREMISES; OWNERSHIP AND
REMOVAL OF TRADE FIXTURES
15.1
SURRENDER OF PREMISES.
NO ACT OR THING DONE BY
LANDLORD OR ANY AGENT OR EMPLOYEE OF LANDLORD DURING THE LEASE TERM SHALL BE
DEEMED TO CONSTITUTE AN ACCEPTANCE BY LANDLORD OF A SURRENDER OF THE PREMISES
UNLESS SUCH INTENT IS SPECIFICALLY ACKNOWLEDGED IN WRITING BY LANDLORD.
THE
DELIVERY OF KEYS TO THE PREMISES TO LANDLORD OR ANY AGENT OR EMPLOYEE OF
LANDLORD SHALL NOT CONSTITUTE A SURRENDER OF THE PREMISES OR EFFECT A
TERMINATION OF THIS LEASE, WHETHER OR NOT THE KEYS ARE THEREAFTER RETAINED BY
LANDLORD, AND NOTWITHSTANDING SUCH DELIVERY TENANT SHALL BE ENTITLED TO THE
RETURN OF SUCH KEYS AT ANY REASONABLE TIME UPON REQUEST UNTIL THIS LEASE SHALL
23
HAVE BEEN PROPERLY TERMINATED.
THE VOLUNTARY OR OTHER SURRENDER OF THIS LEASE
BY TENANT, WHETHER ACCEPTED BY LANDLORD OR NOT, OR A MUTUAL TERMINATION HEREOF,
SHALL NOT WORK A MERGER, AND AT THE OPTION OF LANDLORD SHALL OPERATE AS AN
ASSIGNMENT TO LANDLORD OF ALL SUBLEASES OR SUBTENANCIES AFFECTING THE PREMISES
OR TERMINATE ANY OR ALL SUCH SUBLESSEES OR SUBTENANCIES.
15.2
REMOVAL OF TENANT PROPERTY BY TENANT.
UPON THE
EXPIRATION OF THE LEASE TERM, OR UPON ANY EARLIER TERMINATION OF THIS LEASE,
TENANT SHALL, SUBJECT TO THE PROVISIONS OF THIS ARTICLE 15, QUIT AND SURRENDER
POSSESSION OF THE PREMISES TO LANDLORD IN AS GOOD ORDER AND CONDITION AS WHEN
TENANT TOOK POSSESSION AND AS THEREAFTER IMPROVED BY LANDLORD AND/OR TENANT,
REASONABLE WEAR AND TEAR, REPAIRS WHICH ARE SPECIFICALLY MADE THE RESPONSIBILITY
OF LANDLORD HEREUNDER AND CASUALTY EXCEPTED.
UPON SUCH EXPIRATION OR
TERMINATION, TENANT SHALL, WITHOUT EXPENSE TO LANDLORD, REMOVE OR CAUSE TO BE
REMOVED FROM THE PREMISES ALL DEBRIS AND RUBBISH, AND SUCH ITEMS OF FURNITURE,
EQUIPMENT, BUSINESS AND TRADE FIXTURES, FREE-STANDING CABINET WORK, MOVABLE
PARTITIONS AND OTHER ARTICLES OF PERSONAL PROPERTY OWNED BY TENANT OR INSTALLED
OR PLACED BY TENANT AT ITS EXPENSE IN THE PREMISES, AND SUCH SIMILAR ARTICLES OF
ANY OTHER PERSONS CLAIMING UNDER TENANT, AND TENANT SHALL REPAIR AT ITS OWN
EXPENSE ALL DAMAGE TO THE PREMISES AND BUILDING RESULTING FROM SUCH REMOVAL.
15.3
KITCHEN EQUIPMENT.
TENANT MAY USE THE EXISTING
KITCHEN EQUIPMENT (THE "KITCHEN EQUIPMENT") LOCATED IN THE BUILDING, FREE OF
CHARGE DURING THE LEASE TERM, SUBJECT TO THE FOLLOWING: (A) LANDLORD MAKES NO
REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONDITION, SUITABILITY,
OPERABILITY OR SPECIFICATIONS OF THE KITCHEN EQUIPMENT, AND TENANT SHALL ACCEPT
THE KITCHEN EQUIPMENT IN ITS "AS-IS" CONDITION WITH ALL FAULTS AND FLAWS EXCEPT
FOR LANDLORD'S "EQUIPMENT COVENANT" BELOW; (B) TENANT SHALL MAINTAIN, OPERATE,
INSURE AND ASSUME ALL RESPONSIBILITY FOR THE KITCHEN EQUIPMENT DURING THE LEASE
TERM, AND LANDLORD SHALL HAVE NO OBLIGATIONS WITH RESPECT THERETO; AND (C)
LANDLORD SHALL RETAIN OWNERSHIP OF THE KITCHEN EQUIPMENT DURING THE LEASE TERM.
TENANT MAY REPLACE ONE OR MORE ITEMS OF THE KITCHEN EQUIPMENT DURING THE LEASE
TERM; AT THE TIME OF SUCH REPLACEMENT TENANT SHALL REQUEST OF LANDLORD, AND