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fee estate in the Premises and and all persons (including all Permitted Leasehold Mortgagees) having an
<br />interest in this Lease, or in the leasehold estate created by this Lease, shall join in a wntten instrument
<br />~ effecting such merger and shall duly record the same.
<br />Section 25. Quiet Enjoyment
<br />Lessee, on paying the Rent and observing and keeping all covenants, agreements, and
<br />conditions of this Lease on its part to be kept, shall quietly have and enjoy the Premises during the
<br />Term without hindrance or molestation by anyone claiming by, through, or under Lessor as such,
<br />subject, however, to the exceptions, reservations, and conditions of this Lease.
<br />Section 26. Surrender
<br />26.1 Except as otherwise provided, Lessee, on the last day of the Term, shall surrender and
<br />deliver up the Premises and all Improvements to the possession and use of Lessor without fraud or
<br />delay, free and clear of all lettings and occupancies other than subleases then ternunable at the option of
<br />Lessor or subleases to which Lessor shall have specifically consented, and free and clear of all liens and
<br />encumbrances other than those, if any, presently existing or created or suffered by Lessor, without any
<br />payment or allowance whatever by Lessor on account of any Improvements on the Premises.
<br />26.2 When furnished by or at the expense of Lessee or any sublessee, furniture, trade
<br />fixtures, and personal property (exclusive of fixtures, machinery or equipment providing utilities or
<br />systems used by occupants of the Building) may be removed by Lessee at or before this Lease
<br />terminates, provided, however, that the removal will not injure the Premises or the Improvements or
<br />necessitate changes in or repairs to the same. Lessee shall pay or cause to be paid to Lessor the cost of
<br />repairing any damage arising from such removal and restoration of the Premises and/or the
<br />Improvements to their condition before such removal.
<br />26.3 Any personal property of Lessee or any sublessee that shall remain on the Premises
<br />after the termination of this Lease and the removal of Lessee or such sublessee from the Premises may,
<br />at the option of Lessor, be deemed to have been abandoned by Lessee or such sublessee and may either
<br />be retained by Lessor as its property or be disposed of, without accountability, in such manner as Lessor
<br />may see fit, or if Lessor gives written notice to Lessee to such effect, such property shall be removed by
<br />Lessee at Lessee's sole cost and expense. If this Lease terminates early for any reason other than the
<br />default of Lessee then, anything to the contrary notwithstanding, Lessee or any sublessee shall have a
<br />reasonable time thereafter to remove its personal property.
<br />26.4 Lessor shall not be responsible for any loss or damage occurring to any property
<br />owned by Lessee or any sublessee.
<br />26.5 The provisions of this section sha11 survive any ternunation of this Lease.
<br />Section 27. Invalidity of Particular Provisions
<br />If any term or provision of this Lease or the application of the Lease to any person or
<br />circumstances is, to any extent, invalid or unenforceable, the remainder of this Lease, or the application
<br />of such term or provision to persons or circumstances other than those as to which it is held invalid or
<br />unenforceable, shall not be affected, and each term and provision of this Lease shall be valid and be
<br />enforced to the fullest extent permitted by law.
<br />Section 28. No Representations
<br />Lessee acknowledges that it has examined the Premises and that no representations as to the
<br />condition of the Premises have been made by Lessor or any agent or person actmg for Lessor (except
<br />as expressly provided in this Lease). Before any construction commences on the Premises, Lessee shall
<br />conduct tests of the subsurface and soil conditions to ascertain the suitability of the Premises for the
<br />contemplated Project and shall furnish such fill and take such other steps as may be required before the
<br />commencement of construction. Lessor shall have no liability because of, or as a result of, the existence
<br />or suspected presence of any subsurface or soil condition, including without limitation any Hazardous
<br />Substance, either on the Premises or on adjacent land.
<br />Ground Lease Courthouse Square
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