At End of Term. Modifying (to the extent of any inconsistency between such provisions and this Paragraph 16) the provisions of Article 28 of the Oxxxxxxxx, as such provisions are applicable to the Sublease Premises: A. Upon the expiration or sooner termination of this Sublease, Subtenant shall vacate and surrender the Sublease Premises in broom-clean condition, restore the Sublease Premises to its condition prior to Subtenant’s entry onto the Sublease Premises, and shall forthwith repair any damage to the Sublease Premises caused by any permitted or required removal from the Sublease Premises of any of Subtenant’s furniture, moveable trade fixtures, improvements or any other personal property so removed from the Sublease Premises. Subtenant hereby appoints Overlandlord and Sublandlord as Subtenant’s attorney-in-fact and grants to Overlandlord and Sublandlord a limited power of attorney solely for the purpose of allowing Overlandlord or Sublandlord (as the case may be) to transfer title to any such property abandoned by Subtenant to Overlandlord or to Overlandlord’s designees, and Subtenant further acknowledges and agrees that neither Overlandlord nor Sublandlord shall be responsible for any loss or damage occurring to any such property owned by Subtenant. B. The parties recognize and agree that the damage to Sublandlord resulting from any failure by Subtenant to timely surrender possession of the Sublease Premises as aforesaid will be substantial and will exceed the amount of the monthly installments of the Fixed Rent payable hereunder. Subtenant therefore agrees that if possession of the Sublease Premises is not surrendered to Sublandlord on the Expiration Date or sooner termination of this Sublease, in addition to any other right or remedy Sublandlord may have hereunder or at law or in equity, Subtenant shall pay to Sublandlord for each month and for each portion of any month during which Subtenant holds over in the Sublease Premises after the Expiration Date or sooner termination of this Sublease, a sum equal to two times the aggregate of the portion of the Fixed Rent and Recurring Additional Charges which were payable under this Sublease with respect to the last month of the Term. In addition to making all required payments under this Subparagraph 16B, Subtenant shall, in the event of Subtenant’s failure to surrender the Sublease Premises in accordance with Article 28 of the Oxxxxxxxx, as modified by this Paragraph 16 and in the manner aforesaid, also indemnify and hold Sublandlord harmless from and against any and all cost, expense, damage, claim, loss or liability resulting from any delay or failure by Subtenant in so surrendering the Sublease Premises, including any consequential damages suffered by Sublandlord and any claims made by any succeeding occupant founded on such delay or failure, and any and all reasonable attorneys’ fees, disbursements and court costs incurred by Sublandlord in connection with any of the foregoing. Nothing herein contained shall be deemed to permit Subtenant to retain possession of the Sublease Premises after the Expiration Date or sooner termination of this Sublease, and no acceptance by Sublandlord of payments from Subtenant after the Expiration Date or sooner termination of this Sublease shall be deemed to be other than on account of the amount to be paid by Subtenant in accordance with the provisions of this Paragraph 16, which provisions shall survive the Expiration Date or sooner termination of this Sublease.
Appears in 1 contract
Samples: Sublease (TRANS LUX Corp)
At End of Term. Modifying (to the extent of any inconsistency between such provisions and this Paragraph 16) the provisions of Article 28 17 of the OxxxxxxxxXxxxxxxxx, as such provisions are applicable to the Sublease Premises:
A. Upon the expiration or sooner termination of this Sublease, Subtenant shall vacate and surrender the Sublease Premises in broom-clean condition, restore the Sublease Premises to its condition prior to Subtenant’s entry onto the Sublease Premises, and shall forthwith repair any damage to the Sublease Premises caused by any permitted or required removal from the Sublease Premises of any of Subtenant’s furniture, moveable trade fixtures, improvements or any other personal property so removed from the Sublease Premises. Subtenant hereby appoints Overlandlord and Sublandlord as Subtenant’s attorney-in-fact and grants to Overlandlord and Sublandlord a limited power of attorney solely for the purpose of allowing Overlandlord or Sublandlord (as the case may be) to transfer title to any such property abandoned by Subtenant to Overlandlord or to Overlandlord’s designees, and Subtenant further acknowledges and agrees that neither Overlandlord nor Sublandlord shall be responsible for any loss or damage occurring to any such property owned by Subtenant.
B. The parties recognize and agree that the damage to Sublandlord resulting from any failure by Subtenant to timely surrender possession of the Sublease Premises as aforesaid will be substantial and will exceed the amount of the monthly installments of the Fixed Rent payable hereunder. Subtenant therefore agrees that if possession of the Sublease Premises is not surrendered to Sublandlord on the Expiration Date or sooner termination of this Sublease, in addition to any other right or remedy Sublandlord may have hereunder or at law or in equity, Subtenant shall pay to Sublandlord for each month and for each portion of any month during which Subtenant holds over in the Sublease Premises after the Expiration Date or sooner termination of this Sublease, a sum equal to two (2) times the aggregate of the portion of the Fixed Rent and Recurring Additional Charges which were payable under this Sublease with respect to the last month of the Term. In addition to making all required payments under this Subparagraph 16B, Subtenant shall, in the event of Subtenant’s failure to surrender the Sublease Premises in accordance with Article 28 the terms of the OxxxxxxxxXxxxxxxxx, as modified by this Paragraph 16 and in the manner aforesaid, also indemnify and hold Sublandlord harmless from and against any and all cost, expense, damage, claim, loss or liability resulting from any delay or failure by Subtenant in so surrendering the Sublease Premises, including including, without limitation, any consequential damages suffered amounts payable by Sublandlord to Overlandlord pursuant to the Xxxxxxxxx and any claims made by any succeeding occupant founded on such delay or failure, and any and all reasonable attorneys’ fees, disbursements and court costs incurred by Sublandlord in connection with any of the foregoing. Nothing herein contained shall be deemed to permit Subtenant to retain possession of the Sublease Premises after the Expiration Date or sooner termination of this Sublease, and no acceptance by Sublandlord of payments from Subtenant after the Expiration Date or sooner termination of this Sublease shall be deemed to be other than on account of the amount to be paid by Subtenant in accordance with the provisions of this Paragraph 16, which provisions shall survive the Expiration Date or sooner termination of this Sublease.
Appears in 1 contract
Samples: Sublease (Ameritrans Capital Corp)
At End of Term. Modifying (to the extent of any inconsistency between such provisions and this Paragraph 16) the provisions of Article 28 of the OxxxxxxxxOverlease, as such provisions are applicable to the Sublease PremisesPremixxx:
A. Upon the expiration or sooner termination of this Sublease, unless Subtenant shall be continuing to occupy the Sublease Premises immediately thereafter pursuant to a direct lease between Subtenant and Overlandlord, Subtenant shall vacate and surrender the Sublease Premises in broom-clean condition, restore the Sublease Premises to its the condition prior required by the Overlease upon the expiration of the Overlease (except that Subtenxxx xxxxx have no obligation to Subtenant’s entry onto removx xxx Xxxerations or other improvements that were existing in the Sublease PremisesPremises as of the Commencement Date), and shall forthwith repair any damage to the Sublease Premises caused by such restoration and any permitted or required removal from the Sublease Premises of any of Subtenant’s furniturefurniture (including, without limitation, the Furniture (as defined in Paragraph 30)), moveable trade fixtures, improvements improvements, any of Subtenant's Alterations which were requested to be removed by Sublandlord as a condition of Sublandlord's consent to the installation of such Alteration or any other personal property so removed from the Sublease Premises. Subtenant hereby appoints Overlandlord and Sublandlord as Subtenant’s attorney-in-fact and grants to Overlandlord and Sublandlord a limited power of attorney solely for the purpose of allowing Overlandlord or Sublandlord (as the case may be) to transfer title to any such property abandoned by Subtenant to Overlandlord or to Overlandlord’s designees, and Subtenant further acknowledges and agrees that neither Overlandlord nor Sublandlord shall be responsible for any loss or damage occurring to any such property owned by Subtenant.
B. The parties recognize and agree that the damage to Sublandlord resulting from any failure by Subtenant to timely surrender possession of the Sublease Premises as aforesaid will be substantial and will exceed the amount of the monthly installments of the Fixed Rent payable hereunder. Subtenant therefore agrees that if possession of the Sublease Premises is not surrendered to Sublandlord on the Expiration Date or sooner termination of this SubleaseSublease in accordance with the terms hereof, in addition to any other right or remedy Sublandlord may have hereunder or at law or in equity, Subtenant shall pay to Sublandlord for each month and for each portion of any month during which Subtenant holds over in the Sublease Premises after the Expiration Date or sooner termination of this Sublease, a sum equal to two (2) times the aggregate of the portion of the Fixed Rent and Recurring Additional Charges which were payable under this Sublease with respect to the last month of the Term. In addition to making all required payments under this Subparagraph 16B, Subtenant shall, in the event of Subtenant’s 's failure to surrender the Sublease Premises in accordance with Article 28 of the OxxxxxxxxOverlease, as modified by this Paragraph 16 and in the manner aforesaidaforxxxxx, also xxso indemnify and hold Sublandlord harmless from and against any and all cost, expense, damage, claim, loss or liability resulting from any delay or failure by Subtenant in so surrendering the Sublease Premises, including any consequential damages (to the extent the failure to surrender continued for sixty (60) days following the termination of this Sublease) suffered by Sublandlord and any claims made by Overlandlord or any succeeding occupant founded on such delay or failure, and any and all reasonable attorneys’ ' fees, disbursements and court costs incurred by Sublandlord in connection with any of the foregoing. Nothing herein contained shall be deemed to permit Subtenant to retain possession of the Sublease Premises after the Expiration Date or sooner termination of this Sublease, and no acceptance by Sublandlord of payments from Subtenant after the Expiration Date or sooner termination of this Sublease shall be deemed to be other than on account of the amount to be paid by Subtenant in accordance with the provisions of this Paragraph 16, which provisions shall survive the Expiration Date or sooner termination of this Sublease.
Appears in 1 contract
At End of Term. Modifying (to the extent of any inconsistency between such provisions and this Paragraph 1613) the provisions of Article 28 Section 4.6 of the OxxxxxxxxOverlease, as such provisions are applicable to the Sublease PremisesPremisex:
A. Upon the expiration Expiration Date or sooner termination of this Sublease, Subtenant shall vacate and surrender the Sublease Premises in broom-clean condition, restore the Sublease Premises to its condition prior to Subtenant’s entry onto the Sublease Premises, and shall forthwith repair any damage to the Sublease Premises caused by any permitted or required removal from the Sublease Premises of any of Subtenant’s 's furniture, moveable trade fixtures, improvements or any other personal property so removed from the Sublease Premises. Subtenant hereby appoints Overlandlord and Sublandlord as Subtenant’s attorney-in-fact and grants to Overlandlord and Sublandlord a limited power of attorney solely for the purpose of allowing Overlandlord or Sublandlord (as the case may be) to transfer title to any such property abandoned by Subtenant to Overlandlord or to Overlandlord’s designees, and Subtenant further acknowledges and agrees that neither Overlandlord nor Sublandlord shall be responsible for any loss or damage occurring to any such property owned by Subtenant.
B. The parties recognize and agree that the damage to Sublandlord resulting from any failure by Subtenant to timely surrender possession of the Sublease Premises as aforesaid will be substantial and will exceed the amount of the monthly installments of the Fixed Rent payable hereunder. Subtenant therefore agrees that if possession of the Sublease Premises is not surrendered to Sublandlord on the Expiration Date or sooner termination of this Sublease, in addition to any other right or remedy Sublandlord may have hereunder or at law or in equity, Subtenant shall pay to Sublandlord for each month and for each portion of any month during which Subtenant holds over in the Sublease Premises after the Expiration Date or sooner termination of this Sublease, a sum equal to two times the aggregate of the portion of the Fixed Rent and Recurring Additional Charges which were payable under this Sublease with respect to the last month of the Term. In addition to making all required payments under this Subparagraph 16B14B, Subtenant shall, in the event of Subtenant’s 's failure to surrender the Sublease Premises in accordance with Article 28 Section 4.6 of the OxxxxxxxxOverlease, as modified by this Paragraph 16 14 and in the manner aforesaidaforesxxx, also xxxx indemnify and hold Sublandlord harmless from and against any and all cost, expense, damage, claim, loss or liability resulting from any delay or failure by Subtenant in so surrendering the Sublease Premises, including any consequential damages suffered by Sublandlord and any claims made by any succeeding occupant founded on such delay or failure, and any and all reasonable attorneys’ ' fees, disbursements and court costs incurred by Sublandlord in connection with any of the foregoing. Nothing herein contained shall be deemed to permit Subtenant to retain possession of the Sublease Premises after the Expiration Date or sooner termination of this Sublease, and no acceptance by Sublandlord of payments from Subtenant after the Expiration Date or sooner termination of this Sublease shall be deemed to be other than on account of the amount to be paid by Subtenant in accordance with the provisions of this Paragraph 1614, which provisions shall survive the Expiration Date or sooner termination of this Sublease.
C. If the Subtenant remains in possession of the Sublease Premises on March 1, 2006 and has paid all Rent that is then due and payable to Sublandlord under this Sublease, Sublandlord shall transfer and convey to Subtenant all right, title and interest in any furniture and office equipment on such Sublease Premises that is owned by Sublandlord, and Sublandlord shall execute and deliver such bills of sale or other instruments or documents reasonably necessary to evidence such conveyance of title to such furniture and office equipment. Subtenant shall indemnify and hold Sublandlord against any transfer, sale or other taxes that may arise from such sale of furniture and office equipment. Subtenant shall deliver to Sublandlord all books and records belonging or related to Sublandlord or its affiliates, including, but not limited to, any information stored in an electronic format then residing on any office equipment.
Appears in 1 contract
Samples: Sublease (Merisant Worldwide, Inc.)