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Tenant's Equipment except to the extent required due to the negligent acts and/or omissions of Landlord, Landlord's agents, contractors or other tenants of the Structure. Landlord agrees to safeguard Tenant's Equipment with the same standard of care it uses to protect its own property, but in no event less than reasonable care. In addition, Tenant may take all actions necessary, in Tenant's reasonable discretion, to secure and/or restrict access to Tenant's Equipment. 6.2 Tenant Maintenance of Tenant's Equipment. Tenant assumes sole responsibility for the maintenance, repair, replacement, and/or removal of Tenant's Equipment, except as set forth in Section 6.1. Tenant agrees to perform all maintenance, repair, replacement, and removal of Tenant's Equipment ("Tenant Maintenance") in accordance with Applicable Law, and in a good and workmanlike manner. Tenant shall not be permitted to conduct Tenant Maintenance in a manner that would increase the size of the Premises. 7. Surrender and Hold Over. 7.1 Surrender. Except as set forth to the contrary herein, within sixty (60) days following the expiration or termination of this Agreement (the "Equipment Removal Period"), in accordance with the terms of this Agreement, Tenant will remove Tenant's Equipment and any additions alteration and improvements to the Premises, and -surrender the Premises and any areas of the Structure or Property disturbed by Tenant's activities to Landlord in a condition equal to or better than that which existed immediately prior to Tenant's Installation, normal wear and tear excepted ("Restoration Requirements"). The Parties acknowledge and agree that Rent will not accrue during the Equipment Removal Period. However, if Tenant's Equipment is not removed during the Equipment Removal Period, Tenant will be deemed to be in Hold Over (as defined in Section 7.2 below) until Tenant's Equipment is removed from the Premises. Subject to Section 3.2, Tenant shall have the right to access the Premises to remove any or all of Tenant's Equipment from the Premises during the Term or the Equipment Removal Period. 7.2 Hold Over. If Tenant occupies the Premises beyond the Equipment Removal Period without Landlord's written consent ("Hold Over"), Tenant will be deemed to occupy the Premises on a month -to -month basis, terminable by either Party on thirty (30) days' written Notice to the other Party. All of the terms and provisions of this Agreement shall be applicable during that period, except that Tenant shall pay Landlord a rental fee equal to One Hundred Fifty percent (150%) of the then current monthly Rent applicable at the expiration or termination of the applicable Term or Renewal Term, prorated for the number of days of such hold over ("Hold Over Rent"). 8. Default, Remedies and Termination. 8.1 Default. If any of the following events occur during the Term (each a "Default"), then the non - Defaulting Party may elect one or more of the remedies set forth below in this Section 8 or seek any other remedy available: (a) Tenant's failure to make any payment required by this Agreement within thirty (30) days after receipt of written Notice from Landlord of such failure to pay; (b) failure by either Party to observe or perform any provision of this Agreement where such failure: (1) continues for a period of thirty (30) days after written Notice thereof from the non -Defaulting Party and the Defaulting Party has failed to cure or commenced the cure of such Default; and/or (2) based upon Tenant's reasonable determination, materially affects Tenant's ability to transmit or receive wireless communications signals to or from the Premises; (c) either Party files a petition in bankruptcy or insolvency or for reorganization or arrangement under the bankruptcy laws or under any insolvency act of any state, or admits the material allegations of any such petition by answer or otherwise, or is dissolved or makes an assignment for the benefit of creditors; and/or (d) involuntary proceedings under any such bankruptcy law or insolvency act or for the dissolution of either Party are instituted against either Party, or a receiver or trustee is Site Number: Dr Market: Denver Confidential & Proprietary Option Version: 1.0 c6c