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improvements remain upon the Premises, in each case determined in accordance with Tenant's federal income tax accounting procedures. ARTICLE 20 SURRENDER OF PREMISES AND REMOVAL OF PROPERTY Section 20.1 Surrender. On or before the last day of the Term or the earlier expiration thereof, Tenant shall surrender the Premises to Landlord in good condition and repair except for reasonable wear and tear, repairs which are Landlord's obligation hereunder and damage by casualty or the elements or taking by eminent domain; provided, however, Tenant (in it sole and absolute discretion) may remove any or all of its FF &E, personal property and trade fixtures (including Tenant's Signs) from the Premises (or elsewhere in the Center) within thirty (30) days after the expiration of the Term or the earlier termination of this Lease, but Tenant shall repair all damage incurred in the removal of the same. Section 20.2 Financing of Trade Fixtures. It is understood by Landlord that Tenant may lease or finance the construction of the Building and/or Tenant's FF&E and other personal property from a leasing company or lender, hereinafter referred to as the "Finance Company." Said FF &E and other personal property will be installed, maintained and used in the Premises in order to assist Tenant to carryon its business as provided for herein. Landlord further agrees that any of said FF&E and other personal property shall remain Tenant's personal property, notwithstanding the manner or mode of the attachment to the Premises. Landlord recognizes and acknowledges that any claim or claims that the Finance Company has or hereafter may have against said FF&E and other personal property by virtue of an equipment lease or chattel mortgage or the like is superior to any lien or claim of any nature which Landlord now has or hereafter may have to Tenant's FF&E and other personal property by statute, agreement or otherwise. In the event of default of Tenant in the payment of any rental or other amount due to the Finance Company, or in the performance of any of the other terms and conditions of the equipment lease, chattel mortgage or the like or extensions or renewals thereof, the Finance Company or its assign may remove Tenant's FF&E and other personal property covered by such equipment lease or chattel mortgage or the like or any part thereof from the Premises in accordance with the terms and conditions of the equipment lease or chattel mortgage or the like. Tenant and the Finance Company (and its assigns) shall be responsible for any damage caused in the removal of any such FF &E and personal. property from the Premises by the Finance Company (and its assigns) pursuant to this Section 20.2. Landlord will make no claim whatsoever to any FF&E or other personal property covered by any equipment lease or chattel mortgage or the like. The Finance Company may, without affecting the validity of this waiver, extend the terms of payment of any rental or the performance of any of the other terms or conditions of the equipment lease or chattel mortgage or the like, without the consent of Landlord and without giving notice to Landlord. This waiver shall inure to the benefit of the successors and assigns of the Finance Company and shall be binding upon the heirs, personal representatives, successors and assigns of Landlord. 68 CHG02:3091375.v8 . -..."..,,--