CLAIMS MADE BY ANY SUCCEEDING TENANT FOUNDED
UPON SUCH DELAY.
NOTHING CONTAINED IN THIS LEASE SHALL BE CONSTRUED AS A
CONSENT BY LANDLORD TO THE OCCUPANCY OR POSSESSION BY TENANT OF THE PREMISES
BEYOND THE EXPIRATION DATE OR PRIOR EXPIRATION OF THE TERM, AND LANDLORD, UPON
SAID EXPIRATION DATE OR PRIOR EXPIRATION OF THE TERM, OR AT ANY TIME THEREAFTER
(AND NOTWITHSTANDING THAT LANDLORD MAY ACCEPT FROM TENANT ONE OR MORE PAYMENTS
CALLED FOR BY THIS SECTION 22.1), SHALL BE ENTITLED TO THE BENEFIT OF ALL LEGAL
REMEDIES THAT NOW MAY BE IN FORCE OR MAY BE HEREAFTER ENACTED RELATING TO THE
IMMEDIATE REPOSSESSION OF THE PREMISES.
THE PROVISIONS OF THIS ARTICLE SHALL
SURVIVE THE EXPIRATION DATE OR EARLIER EXPIRATION OF THE TERM.
22.2
TENANT SHALL SUFFER NO WASTE OR INJURY TO ANY PART OF THE PREMISES
AND SHALL, UPON THE EXPIRATION DATE OR EARLIER TERMINATION OF THE TERM,
SURRENDER THE PREMISES IN NEAT AND CLEAN ORDER AND IN A CONDITION EQUAL TO OR
BETTER THAN THE CONDITION OF THE PREMISES ON THE
F-52
COMMENCEMENT DATE, EXCEPT FOR ORDINARY WEAR AND TEAR, CASUALTY DAMAGE AND
REPAIRS FOR WHICH LANDLORD IS RESPONSIBLE.
IF TENANT FAILS TO REMOVE ANY
MOVABLE FURNITURE, FURNISHINGS, TRADE FIXTURES OR OTHER PERSONAL PROPERTY AS
REQUIRED PURSUANT TO SECTION 9.6 ABOVE, THEN LANDLORD SHALL HAVE THE RIGHT, BUT
NOT THE OBLIGATION, AT ITS SOLE OPTION TO: (I) REMOVE AND STORE ALL SUCH ITEMS
AT THE SOLE COST OF TENANT AND WITHOUT LIABILITY ON THE PART OF LANDLORD OR
LANDLORD'S AGENTS; (II) IMMEDIATELY TREAT SAME AS THE PROPERTY OF LANDLORD
WITHOUT ANY PAYMENT THEREFOR TO TENANT; AND/OR (III) DISPOSE OF ANY OR ALL OF
SUCH PROPERTY, TO THE EXTENT PERMITTED BY LEGAL REQUIREMENTS.
TENANT'S
OBLIGATIONS UNDER THIS SECTION 22.2 SHALL SURVIVE THE EXPIRATION DATE OR EARLIER
TERMINATION OF THIS LEASE. UPON THE EXPIRATION DATE OR EARLIER TERMINATION OF
THE TERM, TENANT SHALL DELIVER TO LANDLORD ALL KEYS AND SECURITY CARDS TO THE
BUILDING AND THE PREMISES, WHETHER SUCH KEYS WERE FURNISHED BY LANDLORD OR
OTHERWISE PROCURED BY TENANT, AND SHALL INFORM LANDLORD OF THE COMBINATION OF
EACH LOCK, SAFE AND VAULT, IF ANY, IN THE PREMISES.
ARTICLE XXIII
RIGHTS OF LANDLORD
23.1
IN ADDITION TO ANY OTHER RIGHTS GRANTED TO LANDLORD BY THIS LEASE,
AND NOTWITHSTANDING ANYTHING CONTAINED IN THIS LEASE TO THE CONTRARY, FROM AND
AFTER THE DATE HEREOF LANDLORD RESERVES THE FOLLOWING RIGHTS: (A) TO CHANGE THE
STREET ADDRESS AND NAME OF THE BUILDING (PROVIDED, HOWEVER, LANDLORD AGREES NOT
TO CHANGE THE NAME OF THE BUILDING TO "H&R BLOCK BUILDING" OR "LIBERTY TAX
SERVICE BUILDING"); (B) TO CHANGE THE ARRANGEMENT, DIMENSIONS AND LOCATION OF
ENTRANCES, PASSAGEWAYS, DOORS, DOORWAYS, CORRIDORS, ELEVATORS, STAIRS, TOILETS
AND OTHER COMMON AREAS, PROVIDED THAT LANDLORD SHALL NOT (1) RELOCATE THE
PASSENGER ELEVATORS AS CURRENTLY CONSTITUTED IN THE BUILDING, OR (2)
STRUCTURALLY AND MATERIALLY ALTER THE DIMENSIONS OF THE LOBBY OR THE OPEN ATRIUM
OF THE BUILDING UNLESS REQUIRED TO DO SO (I) TO COMPLY WITH LEGAL REQUIREMENTS,
(II) PURSUANT TO THE DECISIONS,