NOT TO TERMINATE THIS LEASE AND, UNLESS
OTHERWISE MUTUALLY AGREED TO IN WRITING BETWEEN LANDLORD AND TENANT, WILL
IMMEDIATELY RETURN TO PAYING FULL BASIC RENT AND ADDITIONAL RENT AS OTHERWISE
PROVIDED UNDER THIS LEASE.
33
19.
SURRENDER AND HOLDING OVER.
19.1
SURRENDER. UPON THE EXPIRATION OR TERMINATION OF THIS LEASE, TENANT
SHALL SURRENDER THE PREMISES AND ALL TENANT IMPROVEMENTS AND ALTERATIONS TO
LANDLORD BROOM-CLEAN AND IN THEIR ORIGINAL CONDITION, EXCEPT FOR REASONABLE WEAR
AND TEAR, DAMAGE FROM CASUALTY OR CONDEMNATION AND ANY CHANGES RESULTING FROM
APPROVED ALTERATIONS; PROVIDED, HOWEVER, THAT PRIOR TO THE EXPIRATION OR
TERMINATION OF THIS LEASE, TENANT SHALL REMOVE ALL TELEPHONE AND OTHER CABLING
INSTALLED IN THE BUILDING BY TENANT AND REMOVE FROM THE PREMISES ALL TENANT'S
PERSONAL PROPERTY AND ANY TRADE FIXTURES AND ALL ALTERATIONS THAT LANDLORD HAS
ELECTED TO REQUIRE TENANT TO REMOVE AS PROVIDED IN SECTION 6.1 - TENANT
IMPROVEMENTS AND ALTERATIONS, AND REPAIR ANY DAMAGE CAUSED BY SUCH REMOVAL. IF
SUCH REMOVAL IS NOT COMPLETED BEFORE THE EXPIRATION OR TERMINATION OF THE TERM,
LANDLORD SHALL HAVE THE RIGHT (BUT NO OBLIGATION) TO REMOVE THE SAME, AND TENANT
SHALL PAY LANDLORD ON DEMAND FOR ALL COSTS OF REMOVAL AND STORAGE THEREOF AND
FOR THE RENTAL VALUE OF THE PREMISES FOR THE PERIOD FROM THE END OF THE TERM
THROUGH THE END OF THE TIME REASONABLY REQUIRED FOR SUCH REMOVAL. LANDLORD SHALL
ALSO HAVE THE RIGHT TO RETAIN OR DISPOSE OF ALL OR ANY PORTION OF SUCH PROPERTY
IF TENANT DOES NOT PAY ALL SUCH COSTS AND RETRIEVE THE PROPERTY WITHIN TEN (10)
DAYS AFTER NOTICE FROM LANDLORD (IN WHICH EVENT TITLE TO ALL SUCH PROPERTY
DESCRIBED IN LANDLORD'S NOTICE SHALL BE TRANSFERRED TO AND VEST IN LANDLORD).
TENANT WAIVES ALL CLAIMS AGAINST LANDLORD FOR ANY DAMAGE OR LOSS TO TENANT
RESULTING FROM LANDLORD'S REMOVAL, STORAGE, RETENTION, OR DISPOSITION OF ANY
SUCH PROPERTY. UPON EXPIRATION OR TERMINATION OF THIS LEASE OR OF TENANT'S
POSSESSION, WHICHEVER IS EARLIEST, TENANT SHALL SURRENDER ALL KEYS TO THE
PREMISES OR ANY OTHER PART OF THE BUILDING AND SHALL DELIVER TO LANDLORD ALL
KEYS FOR OR MAKE KNOWN TO LANDLORD THE COMBINATION OF LOCKS ON ALL SAFES,
CABINETS AND VAULTS THAT MAY BE LOCATED IN THE PREMISES. TENANT'S OBLIGATIONS
UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS LEASE.
19.2
HOLDING OVER. IF TENANT (DIRECTLY OR THROUGH ANY TRANSFEREE OR
OTHER SUCCESSOR-IN-INTEREST OF TENANT) REMAINS IN POSSESSION OF THE PREMISES
AFTER THE EXPIRATION OR TERMINATION OF THIS LEASE, TENANT'S CONTINUED POSSESSION
SHALL BE AT THE SUFFERANCE OF LANDLORD AND TENANT SHALL BE DEEMED TO BE
OCCUPYING THE PREMISES WITHOUT CLAIM OF RIGHT. IN SUCH EVENT, TENANT SHALL
CONTINUE TO COMPLY WITH OR PERFORM ALL THE TERMS AND OBLIGATIONS OF TENANT UNDER
THIS LEASE, EXCEPT THAT THE BASE RENT DURING TENANT'S HOLDING OVER SHALL BE AT
ONE HUNDRED FIFTY PERCENT (150%) OF THE THEN-CURRENT BASE RENT (ON A DAILY
BASIS) PAYABLE IMMEDIATELY PRIOR TO THE EXPIRATION OR TERMINATION OF THIS LEASE.
IN THE EVENT OF ANY HOLDOVER WITHOUT