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16 <br />affixed to the Premises, to Commission at the expiration or other termination of this Sublease or of <br />Tenant's right to possession hereunder, without fraud or delay, in good order, condition and repair <br />except for reasonable wear and tear after the last necessary repair, replacement, or restoration is <br />made by Tenant, free and clear of all liens and encumbrances, and without any payment or <br />allowance whatsoever by Commission on account of any improvements made by Tenant. <br />11.2. Removal of Certain Property. All moveable equipment and furniture furnished by <br />or at the expense of Tenant shall be removed by or on behalf of Tenant at or prior to the expiration <br />or other termination of this Sublease or of Tenant's right of possession hereunder, but only if, and <br />to the extent, that the removal thereof will not cause physical injury or damage to the Premises or <br />necessitate changes or repairs to the same. Tenant shall repair and restore any injury or damage <br />to the Premises arising from such removal so as to return the Premises to the condition described <br />in Section 11.1 above, or alternatively, at Commission's discretion, Tenant shall pay or cause to be <br />paid to Commission one hundred ten percent (110%) of the cost of repairing or restoring injury or <br />damage which costs shall be deemed due and payable as of the date on which surrender by Tenant <br />is required under this Sublease. <br />11.3. Property Not Removed. Any personal property of Tenant which shall remain in or <br />upon the Premises after Tenant has surrendered possession of the Premises shall be deemed to have <br />been abandoned by Tenant, and at the option of Commission, such property: (a) shall be retained by <br />Commission as its property; (b) shall be disposed of by Commission in such manner as Commission <br />shall determine, without accountability to any person; or (c) shall be removed by Tenant within <br />three <br />(3) business days at Tenant's expense upon written request from Commission; provided, however, <br />that if Tenant fails to remove such property within such timeframe, Commission may remove such <br />property at Tenant's expenses, charging Tenant one hundred ten percent (110%) of the costs <br />incurred by Commission to remove said items, which funds shall be due immediately upon <br />notification of Tenant of such charges. Commission shall not be responsible for any loss or damage <br />occurring to any property owned by Tenant remaining in the Premises after Tenant surrenders <br />possession thereof. <br />11.4. Survival of Terms. The terms of this Article XI shall survive any termination of <br />this Sublease. <br />ARTICLE XII <br />DEFAULT <br />12.1. Events of Default. Each and all of the following events shall be deemed an "Event <br />of Default" by Tenant under this Sublease: <br />(a)Nonpayment. Tenant's failure to pay Rent or other sums or charges that Tenant is <br />obligated to pay by any provision of this Sublease when due and that is not paid within ten (10) <br />days of notice from Commission. Commission's prior acceptance of late payment shall not be <br />deemed or interpreted as a waiver of this provision. <br />(b)Insurance Not Maintained. Any failure to maintain the insurance coverages <br />required to be maintained by Tenant under this Sublease.