"AFFILIATE"), SHALL
NOT BE DEEMED A TRANSFER UNDER THIS ARTICLE 14, PROVIDED THAT TENANT NOTIFIES
LANDLORD OF ANY SUCH ASSIGNMENT OR SUBLEASE AND PROMPTLY SUPPLIES LANDLORD WITH
ANY DOCUMENTS OR INFORMATION REASONABLY REQUESTED BY LANDLORD REGARDING SUCH
ASSIGNMENT OR SUBLEASE OR SUCH AFFILIATE, AND FURTHER
33
PROVIDED THAT SUCH ASSIGNMENT OR SUBLEASE IS NOT A SUBTERFUGE BY TENANT TO AVOID
ITS OBLIGATIONS UNDER THIS LEASE.
THE TRANSFEREE UNDER A TRANSFER SPECIFIED IN
ITEMS (I), (II), OR (III) ABOVE SHALL BE REFERRED TO HEREIN AS A "PERMITTED
TRANSFEREE").
"CONTROL," AS USED IN THIS SECTION 14.8, SHALL MEAN THE
OWNERSHIP, DIRECTLY OR INDIRECTLY, OF AT LEAST FIFTY-ONE PERCENT (51%) OF THE
VOTING SECURITIES OF, OR POSSESSION OF THE RIGHT TO VOTE, IN THE ORDINARY
DIRECTION OF ITS AFFAIRS, OF AT LEAST FIFTY-ONE 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 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 AND REPAIRS WHICH ARE SPECIFICALLY MADE THE RESPONSIBILITY OF LANDLORD
HEREUNDER 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 (INCLUDING, WITHOUT
LIMITATION, ALL TELEPHONE OR OTHER FORM OF COMMUNICATION LINES OR WIRES OWNED
AND/OR INSTALLED BY TENANT), BUSINESS AND TRADE FIXTURES, FREE-STANDING CABINET
WORK, MOVABLE PARTITIONS, ALL SIGNS AND PLACARDS, 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,
AS LANDLORD MAY, IN ITS SOLE