Carbonite 2011 Annual Report Download - page 130

13.1 Tenant’s Method of Surrender . Upon the expiration of the Term of this Lease, or upon any earlier termination of this Lease or the
termination of Tenant’s right to possess the Tenant Space, Tenant shall, subject to the provisions of this Article 13 and Section 8.4, quit and surrender
possession of the Tenant Space to Landlord in good working order and clean condition, ordinary wear and tear, and damage caused by a Casualty Event,
Taking or a default of Landlord excepted.
13.2 Disposal of Tenant’s Personal Property . If any property not belonging to Landlord remains in the Tenant Space after the expiration of, or
within fifteen (15) calendar days after any earlier termination of, the Term of this Lease or the termination of Tenant’
s right to possess the Tenant Space,
Tenant shall be deemed to have abandoned such property and to have authorized Landlord to make such disposition of such property as Landlord may
desire without liability for compensation or damages to Tenant or any other Tenant Party.
13.3 Holding Over . If Tenant should remain in possession of all or any portion of the Tenant Space after the expiration of the Term of this Lease
(or any earlier termination of this Lease or the termination of Tenant’
s right to possess the Tenant Space), without the execution by Landlord and Tenant
of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance,
upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable.
During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to the Hold Over Percentage, as hereinafter
defined, of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and one hundred percent (100%) of the
Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The “ Hold Over Percentage ” shall be defined as
150% for the first sixty (60) days of hold over in the Tenant Space by Tenant, or anyone claiming by, through or under Tenant after the expiration of the
Term of this Lease (or any earlier termination of this Lease or the termination of Tenant’
s right to possess the Tenant Space) and 200% for any period of
hold over by Tenant after the first sixty (60) days. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as
liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such
retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be
deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights
or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the
right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof
or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any
such holdover.
13.4 Survival . The provisions of this Article 13 shall survive the expiration or early termination of this Lease.
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13.
SURRENDER OF TENANT SPACE; HOLDING OVER
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