Common use of END OF TERM - ABANDONED PROPERTY Clause in Contracts

END OF TERM - ABANDONED PROPERTY. At the end of the term, Tenant shall vacate and surrender the Premises to Landlord, cleaned, and in as good condition as they were at the beginning of the term, ordinary wear and tear excepted, and Tenant shall remove all of Tenant's property. All property, installations and additions required to be removed by Xxxxxx at the end of the term which remain in the Premises after Tenant has vacated shall be considered abandoned by Tenant and, at the option of Landlord, may either be retained as Landlord's property or may be removed by Landlord at Tenant's expense. If Tenant abandons the Premises, Landlord may retake possession of the Premises without becoming liable to Tenant for damages or any kind of payment. Landlord has the right to accelerate any rental payments due upon abandonment. For purposes of this Lease the Premises shall be deemed abandoned when the Tenant has vacated the Premises for ten (10) consecutive days while delinquent in rent irrespective of whether the keys have been delivered to Landlord. BY SIGNING THIS AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

Appears in 5 contracts

Samples: Residential Lease, Residential Lease, Residential Lease

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END OF TERM - ABANDONED PROPERTY. At Upon the end expiration or other termination of the termTerm of this Lease, Tenant shall vacate peaceably quit and surrender to Landlord the Premises to Landlordand all alterations and additions thereto, cleanedbroom clean, in good order, repair and condition (except as provided herein and in as good condition as they were at the beginning of the term, Section 8.7 and Articles 18 and 20) excepting only ordinary wear and tear excepteduse and damage by fire or other casualty for which, and under other provisions of this Lease, Tenant has no responsibility of repair or restoration. Tenant shall remove all of Tenant's property. All its property, installations including, without limitation, all telecommunication, computer and other cabling installed by or for Tenant in the Premises or elsewhere in the Building, and, to the extent specified by Landlord, all alterations and additions required made by Tenant and all partitions wholly within the Premises, and shall repair any damages to the Premises or the Building caused by their installation or by such removal. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. Tenant will remove any personal property from the Building and the Premises upon or prior to the expiration or termination of this Lease and any such property which shall remain in the Building or the Premises thereafter shall be removed conclusively deemed to have been abandoned, and may either be retained by Xxxxxx Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Yearly Rent, additional or other charges payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 21 hereof or pursuant to law. Any holding over by Tenant or anyone claiming under Tenant after the expiration of the Term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to the greater of (x) one hundred fifty percent (150%) for the first sixty (60) days of such holding over and two hundred percent (200%) thereafter of the Yearly Rent and Tax Excess and Operating Costs Excess calculated (on a daily basis) at the end highest rate payable under the terms of this Lease, or (y) one hundred twenty-five percent (125%) of the term fair market rental value of the Premises, in each case for the period measured from the day on which remain Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees, harmless and will exonerate, defend and indemnify Landlord, its agents and employees, from and against any and all damages which Landlord may suffer on account of Xxxxxx’s hold-over in the Premises after Tenant has vacated shall be considered abandoned by Tenant and, at the option of Landlord, may either be retained as Landlord's property expiration or may be removed by Landlord at Tenant's expense. If Tenant abandons the Premises, Landlord may retake possession prior termination of the Premises without becoming liable to Tenant for damages or any kind of payment. Landlord has the right to accelerate any rental payments due upon abandonment. For purposes Term of this Lease Lease. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages unless Tenant fails to vacate the Premises shall be deemed abandoned when within sixty (60) days after the Tenant has vacated expiration or earlier termination of the Premises for ten (10) consecutive days while delinquent in rent irrespective Term of whether the keys have been delivered to Landlord. BY SIGNING THIS AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTYLease.

Appears in 2 contracts

Samples: Commencement Date Agreement (CarGurus, Inc.), Commencement Date Agreement (CarGurus, Inc.)

END OF TERM - ABANDONED PROPERTY. At Upon the end expiration or other termination of the termTerm of this Lease, Tenant shall vacate peaceably quit and surrender to Landlord the Premises to Landlordand all alterations and additions thereto, cleanedbroom clean, in good order, repair and condition (except as provided herein and in as good condition as they were at the beginning of the term, Section 8.7 and Articles 18 and 20) excepting only ordinary wear and tear excepteduse and damage by fire or other casualty for which, and under other provisions of this Lease, Tenant has no responsibility of repair or restoration. Tenant shall remove all of Tenant's property. All its property, installations including, without limitation, all telecommunication, computer and other cabling installed by or for Tenant in the Premises or elsewhere in the Building, and, to the extent specified by Landlord in writing in accordance with Articles 11 and 12 hereof, all alterations and additions required made by Tenant and all partitions wholly within the Premises, and shall repair any damages to the Premises or the Building caused by their installation or by such removal. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. Tenant will remove any personal property from the Building and the Premises upon or prior to the expiration or termination of this Lease and any such property which shall remain in the Building or the Premises thereafter shall be removed conclusively deemed to have been abandoned, and may either be retained by Xxxxxx Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Yearly Rent, additional or other charges payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 21 hereof or pursuant to law. Any holding over by Tenant or anyone claiming under Tenant after the expiration of the Term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to the greater of (x) one hundred fifty percent (150%) of the Yearly Rent and Tax Excess and Operating Costs Excess calculated (on a daily basis) at the end highest rate payable under the terms of this Lease for the first sixty (60) days of such holding over, and commencing on the sixty-first (61st) day, at the rate of two hundred percent (200%) of the term foregoing, or (y) one hundred ten percent (110%) of the fair market rental value of the Premises, in each case for the period measured from the day on which remain Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees, harmless and will exonerate, defend and indemnify Landlord, its agents and employees, from and against any and all damages which Landlord may suffer on account of Xxxxxx’s hold-over in the Premises after Tenant has vacated shall be considered abandoned by Tenant and, at the option of Landlord, may either be retained as Landlord's property expiration or may be removed by Landlord at Tenant's expense. If Tenant abandons the Premises, Landlord may retake possession prior termination of the Premises without becoming liable to Tenant for damages or any kind of payment. Landlord has the right to accelerate any rental payments due upon abandonment. For purposes Term of this Lease the Premises shall be deemed abandoned when the Tenant has vacated the Premises for ten (10) consecutive days while delinquent in rent irrespective of whether the keys have been delivered to Landlord. BY SIGNING THIS AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTYLease.

Appears in 1 contract

Samples: Foundation Medicine, Inc.

END OF TERM - ABANDONED PROPERTY. At Upon the end expiration or other termination of the termTerm of this Lease, Tenant shall vacate peaceably quit and surrender to Landlord the Premises to Landlordtogether with all alterations and additions made thereto, cleanedbroom clean, in good order, repair and condition (except as provided herein and in as good condition as they were at the beginning of the term, Section 8.7 and Articles 18 and 20) excepting only ordinary wear and tear excepteduse, damage by fire or other casualty and damage or repairs for which, under other provisions of this Lease, Tenant has no responsibility of repair or restoration. Tenant shall remove all of Tenant's property. All its property, installations including, without limitation, all telecommunication, computer and other cabling installed by or for Tenant in the Premises or elsewhere in the Building, and, to the extent specified by Landlord in writing at the time Landlord approves such installation, all alterations and additions required made by Tenant and all partitions wholly within the Premises, and shall repair any damages to the Premises or the Building caused by their installation or by such removal. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. Tenant will remove any personal property from the Building and the Premises upon or prior to the expiration or termination of this Lease and any such property which shall remain in the Building or the Premises for more than ten (10) days thereafter shall be removed conclusively deemed to have been abandoned, and may either be retained by Xxxxxx Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Yearly Rent, additional or other charges payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 21 hereof or pursuant to law. Any holding over by Tenant or anyone claiming under Tenant after the expiration of the Term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to the greater of (x) one hundred fifty percent (150%) of the Yearly Rent and Tax Excess and Operating Costs Excess calculated (on a daily basis) at the end highest rate payable under the terms of this Lease, for the first sixty (60) days and two hundred percent (200%) of the term same thereafter, or (y) one hundred twenty-five percent (125%) of the fair market rental value of the Premises, in each case for the period measured from the day on which remain Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees, harmless and will exonerate, defend and indemnify Landlord, its agents and employees, from and against any and all damages which Landlord may suffer on account of Txxxxx’s hold-over in the Premises after Tenant has vacated shall be considered abandoned by Tenant and, at the option of Landlord, may either be retained as Landlord's property expiration or may be removed by Landlord at Tenant's expense. If Tenant abandons the Premises, Landlord may retake possession prior termination of the Premises without becoming liable to Tenant for damages or any kind of payment. Landlord has the right to accelerate any rental payments due upon abandonment. For purposes Term of this Lease the Premises shall be deemed abandoned when the Tenant has vacated the Premises for ten (10) consecutive days while delinquent in rent irrespective of whether the keys have been delivered to Landlord. BY SIGNING THIS AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTYLease.

Appears in 1 contract

Samples: Confidentiality Agreement (Hubspot Inc)

END OF TERM - ABANDONED PROPERTY. At Upon the end expiration or other termination of the termTerm of this Lease, Tenant shall vacate peaceably quit and surrender to Landlord the Demised Premises and all alterations and additions thereto which Tenant is not entitled or required to Landlordremove under the provisions of this Lease, cleanedbroom clean in good order, repair and in as good condition as they were at excepting only reasonable use and wear and damage by fire or other casualty for which, under other provisions of this Lease, Tenant has no responsibility of repair or restoration. Tenant’s obligation to observe or perform this covenant shall survive the beginning expiration or other termination of the termTerm of this Lease. If the last day of the Term of this Lease or any renewal thereof falls on a day other than a Business Day, ordinary wear and tear excepted, and this Lease shall expire on the Business Day immediately following. Tenant shall remove all pay twice the amount of Tenant's property. All property, installations and additions required Rent applicable to be removed by Xxxxxx at the end each month (or fraction thereof) during which Tenant remains in possession of any part of the term Demised Premises in violation of the foregoing covenants, without prejudice to eviction and any other remedy available to Landlord on account thereof. Any personal property in which Tenant has an interest which shall remain in the Building or on the Demised Premises after Tenant has vacated shall be considered abandoned by Tenant and, at the option of Landlord, may either be retained as Landlord's property expiration or may be removed by Landlord at Tenant's expense. If Tenant abandons the Premises, Landlord may retake possession termination of the Premises without becoming liable to Tenant for damages or any kind of payment. Landlord has the right to accelerate any rental payments due upon abandonment. For purposes Term of this Lease the Premises shall be conclusively deemed abandoned when to have been abandoned, and may be disposed of in such manner as Landlord may see fit; provided, however, notwithstanding the foregoing, that Tenant has vacated the Premises for will, upon request of Landlord made not later than ten (10) consecutive days while delinquent in rent irrespective after the expiration or termination of whether the keys have been delivered Term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be sold, that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Rent payable hereunder by Tenant to Landlord. BY SIGNING THIS AGREEMENTLandlord and any damages to which Landlord may be entitled under Article 19 hereof or pursuant to law, THE TENANT AGREES THAT UPON SURRENDERwith the balance if any, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTYto be paid to Tenant.

Appears in 1 contract

Samples: Agreement of Lease (Fluidigm Corp)

END OF TERM - ABANDONED PROPERTY. At Upon the end expiration or other termination of the termterm of this Lease, Tenant shall vacate peaceably quit and surrender to Landlord the Premises to Landlordand all alterations and additions thereto, cleanedbroom clean, in good order, repair and condition (except as provided herein and in as good condition as they were at the beginning of the termArticles 8.7, 18 and 20) excepting only ordinary wear and tear excepteduse (as defined in Article 14.1 hereof) and damage by fire or other casualty for which, and under other provisions of this Lease, Tenant has no responsibility of repair or restoration. Tenant shall remove all of Tenant's property. All its property, installations including, without limitation, all telecommunication, computer and other cabling installed by Tenant in the Premises or elsewhere in the Building (unless Landlord agrees in writing, at its sole discretion, that same may be labeled and left in place), and, to the extent specified by Landlord as provided hereinabove, all alterations and additions required made by Tenant and all partitions made by Tenant wholly within the Premises, and shall repair any damages to be removed the Premises or the Building caused by Xxxxxx at their installation or by such removal. Tenant’s obligation to observe or perform this covenant shall survive the end expiration or other termination of the term of this Lease. Tenant will remove any personal property from the Building and the Premises upon or prior to the expiration or termination of this Lease and any such property which shall remain in the Building or the Premises thereafter shall be conclusively deemed to have been abandoned, and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Yearly Rent, additional or other charges payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 21 hereof or pursuant to law. If Tenant or anyone claiming under Tenant shall remain in possession of the Premises or any part thereof after the expiration or prior termination of the term of this Lease without any agreement in writing between Landlord and Tenant with respect thereto, then, prior to the acceptance of any payments for rent or use and occupancy by Landlord, the person remaining in possession shall be deemed a tenant-at-sufferance. Whereas the parties hereby acknowledge that Landlord may need the Premises after the expiration or prior termination of the term of the Lease for other tenants and that the damages which Landlord may suffer as the result of Tenant’s holding-over cannot be determined as of the Execution Date hereof, in the event that Tenant so holds over, Tenant shall pay to Landlord in addition to all rental and other charges due and accrued under the Lease prior to the date of termination, charges (based upon fair market rental value of the Premises) for use and occupation of the Premises thereafter and, in addition to such sums and any and all other rights and remedies which Landlord may have at law or in equity, an additional use and occupancy charge in the amount of fifty percent (50%) of either the Yearly Rent and other charges calculated (on a daily basis) at the highest rate payable under the terms of this Lease, but measured from the day on which Tenant’s hold-over commenced and terminating on the day on which Tenant vacates the Premises or the fair market value of the Premises for such period, whichever is greater. In addition, Tenant shall save Landlord, its agents and employees, harmless and will exonerate, defend and indemnify Landlord, its agents and employees, from and against any and all damages which Landlord may suffer on account of Tenant’s holdover in the Premises after Tenant has vacated shall be considered abandoned by Tenant and, at the option of Landlord, may either be retained as Landlord's property expiration or may be removed by Landlord at Tenant's expense. If Tenant abandons the Premises, Landlord may retake possession prior termination of the Premises without becoming liable to Tenant for damages or any kind term of payment. Landlord has the right to accelerate any rental payments due upon abandonment. For purposes of this Lease the Premises shall be deemed abandoned when the Tenant has vacated the Premises for ten (10) consecutive days while delinquent in rent irrespective of whether the keys have been delivered to Landlord. BY SIGNING THIS AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTYLease.

Appears in 1 contract

Samples: Term Commencement Date Agreement (Enumeral Biomedical Holdings, Inc.)

END OF TERM - ABANDONED PROPERTY. At Upon the end expiration or other termination of the termTerm of this Lease, Tenant shall vacate peaceably quit and surrender to Landlord the Demised Premises and all alterations and additions thereto which Tenant is not entitled or required to Landlordremove under the provisions of this Lease, cleanedbroom clean in the same condition as of the Commencement Date, excepting only reasonable use and wear and damage by fire or other casualty for which, under other provisions of this Lease. For each day after the expiration of the Term or other termination of the Term of this Lease, and in as good condition as they were at prior to tenant's performance of its obligation to yield up the beginning of the termDemised Premises under this Section, ordinary wear and tear excepted, and Tenant shall remove pay to Landlord holdover rent as more particularly described in Section 24.8. Tenant shall further indemnify Landlord against all of loss, cost and damage resulting from Tenant's propertydelay in surrendering the Demised Premises as above provided. All property, installations and additions required Tenant's obligation to be removed by Xxxxxx at observe or perform this covenant shall survive the end expiration or other termination of the term of this Lease. Any personal property in which Tenant has an interest which shall remain in the Building or on the Demised Premises after Tenant has vacated shall be considered abandoned by Tenant and, at the option of Landlord, may either be retained as Landlord's property expiration or may be removed by Landlord at Tenant's expense. If Tenant abandons the Premises, Landlord may retake possession termination of the Premises without becoming liable to Tenant for damages or any kind of payment. Landlord has the right to accelerate any rental payments due upon abandonment. For purposes Term of this Lease the Premises shall be conclusively deemed abandoned when the Tenant has vacated the Premises for ten (10) consecutive days while delinquent in rent irrespective of whether the keys to have been delivered abandoned, and may be disposed of in such manner as Landlord may see fit; provided, however, notwithstanding the foregoing, that Tenant will, upon request of Landlord made not later than thirty (30) days after the expiration or termination of the term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be sold, that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Rent payable hereunder by Tenant to Landlord. BY SIGNING THIS AGREEMENTLandlord and any damages to which Landlord may be entitled under Article 17 hereof or pursuant to law, THE TENANT AGREES THAT UPON SURRENDERwith the balance if any, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTYto be paid to Tenant.

Appears in 1 contract

Samples: Lease (Genzyme Corp)

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END OF TERM - ABANDONED PROPERTY. At Upon the end expiration or other termination of the termTerm of this Lease, Tenant shall vacate peaceably quit and surrender to Landlord the Premises to Landlordtogether with all alterations and additions made thereto, cleanedbroom clean, in good order, repair and condition (except as provided herein and in as good condition as they were at the beginning of the term, Section 8.7 and Articles 18 and 20) excepting only ordinary wear and tear excepteduse, damage by fire or other casualty and damage or repairs for which, under other provisions of this Lease, Tenant has no responsibility of repair or restoration. Tenant shall remove all of Tenant's property. All its property, installations including, without limitation, all telecommunication, computer and other cabling installed by or for Tenant in the Premises or elsewhere in the Building, and, to the extent specified by Landlord in writing at the time Landlord approves such installation, all alterations and additions required made by Tenant and all partitions wholly within the Premises, and shall repair any damages to the Premises or the Building caused by their installation or by such removal. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. Tenant will remove any personal property from the Building and the Premises upon or prior to the expiration or termination of this Lease and any such property which shall remain in the Building or the Premises for more than ten (10) days thereafter shall be removed conclusively deemed to have been abandoned, and may either be retained by Xxxxxx Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Yearly Rent, additional or other charges payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 21 hereof or pursuant to law. Any holding over by Tenant or anyone claiming under Tenant after the expiration of the Term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to the greater of (x) one hundred fifty percent (150%) of the Yearly Rent and Tax Excess and Operating Costs Excess calculated (on a daily basis) at the end highest rate payable under the terms of this Lease, for the first sixty (60) days and two hundred percent (200%) of the term same thereafter, or (y) one hundred twenty-five percent (125%) of the fair market rental value of the Premises, in each case for the period measured from the day on which remain Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees, harmless and will exonerate, defend and indemnify Landlord, its agents and employees, from and against any and all damages which Landlord may suffer on account of Xxxxxx’s hold-over in the Premises after Tenant has vacated shall be considered abandoned by Tenant and, at the option of Landlord, may either be retained as Landlord's property expiration or may be removed by Landlord at Tenant's expense. If Tenant abandons the Premises, Landlord may retake possession prior termination of the Premises without becoming liable to Tenant for damages or any kind of payment. Landlord has the right to accelerate any rental payments due upon abandonment. For purposes Term of this Lease the Premises shall be deemed abandoned when the Tenant has vacated the Premises for ten (10) consecutive days while delinquent in rent irrespective of whether the keys have been delivered to Landlord. BY SIGNING THIS AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTYLease.

Appears in 1 contract

Samples: , and Attornment Agreement (Hubspot Inc)

END OF TERM - ABANDONED PROPERTY. At Upon the end expiration or other termination of the termTerm of this Lease, Tenant shall vacate peaceably quit and surrender to Landlord the Premises to Landlordand all alterations and additions thereto, cleanedbroom clean, in good order, repair and condition (except as provided herein and in as good condition as they were at the beginning of the term, Section 8.7 and Articles 18 and 20) excepting only ordinary wear and tear excepteduse and damage by fire or other casualty for which, and under other provisions of this Lease, Tenant has no responsibility of repair or restoration. Tenant shall remove all of Tenant's its personal property. All property, installations and additions Tenant shall not be required to remove any improvements existing in the Premises as of the Execution Date. As to any alterations or improvements, including Tenant’s Work, made to the Premises after the Execution Date, Tenant shall be required to remove those as to which Landlord indicates, at the time it approves plans therefor, that the same must be removed by Xxxxxx at the end expiration or earlier termination of the term Term hereof With respect to any such removal by Tenant, Tenant shall repair any damages to the Premises or the Building caused by their installation or by such removal. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. Tenant will remove any personal property from the Building and the Premises upon or prior to the expiration or termination of this Lease and any such property which shall remain in the Building or the Premises thereafter shall be conclusively deemed to have been abandoned, and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Yearly Rent, additional or other charges payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 21 hereof or pursuant to law. Any holding over by Tenant or anyone claiming under Tenant after the expiration of the Term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay, in lieu of rent, as a use and occupancy charge an amount equal to the greater of (x) the sum of (i) the Holdover Percentage (as hereinafter defined) of the Yearly Rent plus (ii) one hundred percent (100%) of the Tax Excess and Operating Costs Excess, calculated (on a daily basis) at the highest rate payable under the terms of this Lease, or (y) one hundred twenty-five percent (125%) of the fair market rental value of the Premises, in each case for the period measured from the day on which Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. The “Holdover Percentage” shall be one hundred fifty percent (150%) for the first sixty (60) days of such holding over, and two hundred percent (200%) thereafter. In addition, if Tenant holds over for more than sixty (60) days, Tenant shall save Landlord, its agents and employees, harmless and will defend and indemnify Landlord, its agents and employees, from and against any and all damages which Landlord may suffer on account of Tenant’s hold-over in the Premises after Tenant has vacated shall be considered abandoned by Tenant and, at the option of Landlord, may either be retained as Landlord's property expiration or may be removed by Landlord at Tenant's expense. If Tenant abandons the Premises, Landlord may retake possession prior termination of the Premises without becoming liable to Tenant for damages or any kind of payment. Landlord has the right to accelerate any rental payments due upon abandonment. For purposes Term of this Lease the Premises shall be deemed abandoned when the Tenant has vacated the Premises for ten (10) consecutive days while delinquent in rent irrespective of whether the keys have been delivered to Landlord. BY SIGNING THIS AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTYLease.

Appears in 1 contract

Samples: Learning Tree International Inc

END OF TERM - ABANDONED PROPERTY. At Upon the end expiration or other termination of the termTerm of this Lease, Tenant shall vacate peaceably quit and surrender to Landlord the Premises to Landlordtogether with all alterations and additions made thereto, cleanedbroom clean, in good order, repair and condition (except as provided herein and in as good condition as they were at the beginning of the term, Section 8.7 and Articles 18 and 20) excepting only ordinary wear and tear excepteduse, damage by fire or other casualty and damage or repairs for which, under other provisions of this Lease, Tenant has no responsibility of repair or restoration. Tenant shall remove all of Tenant's property. All its property, installations including, without limitation, all telecommunication, computer and other cabling installed by or for Tenant in the Premises or elsewhere in the Building, and, to the extent specified by Landlord in writing at the time Landlord approves such installation, all alterations and additions required made by Tenant and all partitions wholly within the Premises, and shall repair any damages to the Premises or the Building caused by their installation or by such removal. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. Tenant will remove any personal property from the Building and the Premises upon or prior to the expiration or termination of this Lease and any such property which shall remain in the Building or the Premises for more than ten (10) days thereafter shall be removed conclusively deemed to have been abandoned, and may either be retained by Xxxxxx Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Yearly Rent, additional or other charges payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 21 hereof or pursuant to law. Any holding over by Tenant or anyone claiming under Tenant after the expiration of the Term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to the greater of (x) one hundred fifty percent (150%) of the Yearly Rent and Tax Excess and Operating Costs Excess calculated (on a daily basis) at the end highest rate payable under the terms of this Lease, for the first sixty (60) days and two hundred percent (200%) of the term same thereafter, or (y) one hundred twenty-five percent (125%) of the fair market rental value of the Premises, in each case for the period measured from the day on which remain Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees, harmless and will exonerate, defend and indemnify Landlord, its agents and employees, from and against any and all damages which Landlord may suffer on account of Tenxxx’x hold-over in the Premises after Tenant has vacated shall be considered abandoned by Tenant and, at the option of Landlord, may either be retained as Landlord's property expiration or may be removed by Landlord at Tenant's expense. If Tenant abandons the Premises, Landlord may retake possession prior termination of the Premises without becoming liable to Tenant for damages or any kind of payment. Landlord has the right to accelerate any rental payments due upon abandonment. For purposes Term of this Lease the Premises shall be deemed abandoned when the Tenant has vacated the Premises for ten (10) consecutive days while delinquent in rent irrespective of whether the keys have been delivered to Landlord. BY SIGNING THIS AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTYLease.

Appears in 1 contract

Samples: , and Attornment Agreement (Hubspot Inc)

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