OBLIGATION OR CONDITION
CONTAINED IN THIS LEASE, AND, IF SO, SPECIFYING, IN DETAIL, EACH SUCH DEFAULT OR
EVENT OF DEFAULT.
SECTION 21.3
[INTENTIONALLY OMITTED]
136
ARTICLE XXII
SEVERABILITY
SECTION 22.1
SEVERABILITY.
IF ANY TERM OR PROVISION OF THIS LEASE OR
THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCES SHALL, TO ANY EXTENT, BE
INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS LEASE, OR THE APPLICATION OF
SUCH TERM OR PROVISION TO PERSONS OR CIRCUMSTANCES OTHER THAN THOSE AS TO WHICH
IT IS HELD INVALID OR UNENFORCEABLE, SHALL NOT BE AFFECTED THEREBY, AND EACH
TERM AND PROVISION OF THIS LEASE SHALL BE VALID AND BE ENFORCED TO THE FULLEST
EXTENT PERMITTED BY LAW.
137
ARTICLE XXIII
END OF TERM; TITLE TO IMPROVEMENTS
SECTION 23.1
SURRENDER.
(A)
UPON THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE OTHER THAN BY
VIRTUE OF TENANT'S EXERCISE OF THE PURCHASE OPTION, OR UPON THE RE-ENTRY OF
LANDLORD UPON THE DEMISED PREMISES PURSUANT TO SECTION 23.2 HEREOF, TENANT
SHALL, WITHOUT ANY PAYMENT TO OR ALLOWANCE BY LANDLORD WHATSOEVER, PEACEABLY AND
QUIETLY LEAVE, SURRENDER AND DELIVER UNTO LANDLORD THE DEMISED PREMISES, THE
COMMON ELEMENTS AND ANY IMPROVEMENTS AND EQUIPMENT CONSTRUCTED THEREIN OR
LOCATED THEREON FROM TIME TO TIME, IN GOOD ORDER, CONDITION AND REPAIR,
REASONABLE WEAR AND TEAR EXCEPTED, FREE AND CLEAR OF (I) ALL LETTINGS AND
OCCUPANCIES, OTHER THAN SUBLEASES EXPIRING AFTER THE EXPIRATION DATE WITH
RESPECT TO WHICH LANDLORD HAS ENTERED INTO A NONDISTURBANCE AGREEMENT, AND
(II) ALL AGREEMENTS, EASEMENTS, ENCUMBRANCES OR OTHER LIENS, OTHER THAN THE
PERMITTED ENCUMBRANCES AND THOSE CREATED OR CONSENTED TO IN WRITING BY
LANDLORD.
IF THE DEMISED PREMISES AND THE COMMON ELEMENTS IS NOT SO SURRENDERED
AT THE END OF THIS LEASE, TENANT SHALL COMPENSATE LANDLORD FOR ALL DAMAGES WHICH
LANDLORD SHALL SUFFER BY REASON THEREOF (BUT EXCLUDING CONSEQUENTIAL DAMAGES),
AND SHALL INDEMNIFY LANDLORD FROM AND AGAINST ALL CLAIMS RESULTING FROM OR
ARISING IN CONNECTION WITH TENANT'S FAILURE TO SURRENDER THE DEMISED PREMISES
AND THE COMMON ELEMENTS, INCLUDING ANY CLAIM MADE BY ANY SUCCEEDING TENANT
AGAINST LANDLORD FOUNDED UPON DELAY BY LANDLORD IN DELIVERING POSSESSION OF THE
DEMISED PREMISES AND THE COMMON ELEMENTS TO SUCH SUCCEEDING TENANT, SO FAR AS
SUCH DELAY IS OCCASIONED BY THE FAILURE OF TENANT TO SURRENDER THE DEMISED
PREMISES AND THE COMMON ELEMENTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THIS LEASE, UPON THE EXPIRATION OR EARLIER TERMINATION OF THIS
LEASE OTHER THAN BY VIRTUE OF TENANT'S EXERCISE OF THE PURCHASE OPTION, TENANT
SHALL NOT BE OBLIGATED TO REMOVE EQUIPMENT OR TO RESTORE THE DEMISED PREMISES
AND THE COMMON ELEMENTS TO ITS CONDITION PRIOR TO ANY ALTERATIONS, BUT TENANT
SHALL, UPON LANDLORD'S REQUEST, BE REQUIRED TO REMOVE ANY PERSONAL PROPERTY OF
TENANT OR ANY SUBTENANT, AND ANY SUBTENANT SHALL BE ENTITLED TO REMOVE ANY
IMPROVEMENT OR EQUIPMENT MADE OR INSTALLED BY OR ON BEHALF OF SUCH SUBTENANT
(OTHER THAN A SUBTENANT THAT IS A RELATED ENTITY OF TENANT) AS LONG AS AFTER
SUCH REMOVAL ALL ELEMENTS OF THE DEMISED PREMISE AND THE COMMON ELEMENTS
(1)