AWARDED TO TENANT FOR LOSS OF
BUSINESS OR GOODWILL, OR FOR ITS PERSONAL PROPERTY, 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 RE-ENTRY BY LANDLORD UPON THE
PREMISES, (A) TENANT SHALL QUIT AND SURRENDER THE PREMISES TO LANDLORD
"BROOM-CLEAN" AND IN GOOD ORDER, CONDITION AND REPAIR (AS DEFINED BY EXHIBIT C,
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE), EXCEPT FOR ORDINARY WEAR
AND TEAR AND SUCH DAMAGE OR DESTRUCTION AS LANDLORD IS REQUIRED TO REPAIR OR
RESTORE UNDER THIS LEASE, (B) TENANT SHALL REMOVE ALL OF TENANT'S 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.
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 ANY REPAIRS ARE REQUIRED TO BE PERFORMED IN, TO OR AT THE PREMISES
(PURSUANT TO THE FIRST SENTENCE OF THIS SECTION 20 OR ANY OTHER APPLICABLE
PROVISION OF THIS LEASE) UPON THE EXPIRATION OR TERMINATION OF THE TERM, TENANT
SHALL CAUSE SUCH REPAIRS TO BE PERFORMED, TO LANDLORD'S REASONABLE SATISFACTION,
WITHIN 10 BUSINESS DAYS AFTER THE DATE ON WHICH THIS LEASE IS TERMINATED OR
EXPIRED.
IF TENANT FAILS TO TIMELY COMPLY WITH THE PRECEDING SENTENCE, THEN
LANDLORD SHALL HAVE THE RIGHT TO CAUSE THE REPAIRS TO BE PERFORMED, AT TENANT'S
EXPENSE, AND ALL SUCH EXPENSES SO INCURRED BY LANDLORD SHALL BEAR INTEREST (AT
THE RATE SPECIFIED IN THE SECOND SENTENCE OF SECTION 22.3) FROM THE DATE THE
EXPENSE IS INCURRED UNTIL THE DATE PAID, IN FULL, BY TENANT (INCLUSIVE OF
INTEREST).
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-SUFFERANCE;
(II) TENANT
SHALL PAY 200% OF THE AGGREGATE OF THE BASE RENT AND ADDITIONAL 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 LANDLORD UPON ONE DAYS' OR BY TENANT
UPON 30 DAYS' PRIOR WRITTEN
NOTICE
12
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