Common use of End of Term Clause in Contracts

End of Term. Upon the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible for under the terms of this Lease excepted, and Tenant may remove all of its property pursuant to Article 3 hereof. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease.

Appears in 2 contracts

Samples: Agreement of Lease (Panacea Acquisition Corp), Agreement of Lease (Panacea Acquisition Corp)

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End of Term. ABANDONED PROPERTY Upon the expiration or other termination of the TermTerm of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises, broom clean, in good order Demised Premises and condition, ordinary wear all alterations and tear and damage for additions thereto which Tenant is not responsible for entitled or required to remove under the terms provisions of this Lease exceptedLease, broom clean in good order, repair and condition excepting only reasonable use and wear and damage by fire or other casualty for which, under other provisions of this Lease, Tenant may remove all has no responsibility of its property pursuant to Article 3 hereof. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3repair or restoration. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner other termination of the TermTerm of this Lease. If the last day of the Term of this Lease or any renewal thereof falls on Saturday or Sunday a day other than a Business Day, this Lease shall expire on the business day Business Day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights Any personal property in which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings has an interest which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Building or on the Demised Premises after the expiration or earlier termination of the Term of this Lease shall be conclusively deemed to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and may be disposed of in any such manner as Landlord shall determinemay see fit; provided, all at Tenant’s expensehowever, or notwithstanding the foregoing, that Tenant will, upon request of Landlord made not later than thirty (y30) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be deemed to be other than on account sold, that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the amount sale, the cost of moving and storage, any arrears of Rent payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 19 hereof or pursuant to law, with the balance if any, to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Leaseto Tenant.

Appears in 2 contracts

Samples: Agreement of Lease (Investment Technology Group Inc), Agreement of Lease (Investment Technology Group Inc)

End of Term. Upon the expiration or other termination of the Termthis Lease, Tenant shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible for under the terms of this Lease excepted, and Tenant may remove all of its property pursuant to Article 3 hereof. Tenant shall not be required to restore the Premises except otherwise in compliance with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 Article 7 hereof Tenant acknowledges that possession of the New York Civil Practice Law Premises must be surrendered to Landlord on the Expiration Date. Tenant agrees to indemnify and Rules save Landlord harmless from and of against all claims, losses, damages, liabilities, costs and expenses (including, without limitation, attorneys' fees and disbursements) resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any successor law of like import then in force and effect in connection with claims made by any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21succeeding tenant founded on such delay. In addition, the The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Base Rent and Escalation Rent theretofore payable hereunder, and will be impossible to accurately measuremeasure accurately. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant on or any subtenant or other occupant within twenty-four before the date that is thirty (2430) hours after days following the Expiration Date or sooner termination of the TermDate, in addition to any other rights or remedy remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord and arising from Tenant's failure to surrender the Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Premises for each month and prorated for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this LeaseDate, a sum equal to one hundred twenty five (125%) of the greater of (i) two (2) times the aggregate of that portion of the Base Rent, Escalation Rent and all additional rent other items of Rental which was were payable under this Lease during the last month of the Term, or Term and (ii) the then Fair Market Value fair market value as reasonably determined by Landlord for the next ninety (90) days, and thereafter Tenant shall pay to Landlord on account of use and occupancy of the Premises, as determined by Landlord. Landlord may consider items Premises for each month and prorated for each portion of Tenant’s Property that remain any month during which Tenant holds over in the Premises after the expiration or earlier termination Expiration Date, a sum equal to one hundred fifty (150%) of the greater of (i) the aggregate of that portion of the Base Rent, Escalation Rent and other items of Rental which were payable under this Lease during the last month of the Term to have been abandoned. In that event, Landlord may, at its option either and (xii) retain such items the fair market value as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay reasonably determined by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delayLandlord. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises without written consent after the Expiration Date or sooner termination to limit in any manner Landlord's right to regain possession of this Lease the Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which Section 24.21. The provisions of this Section 24.21 shall survive the Expiration Date or sooner termination of this LeaseDate.

Appears in 2 contracts

Samples: Office Lease (Tufin Software Technologies Ltd.), Office Lease (Tufin Software Technologies Ltd.)

End of Term. Upon If this Lease shall terminate on a day other than the last day of a Year, (a) Landlord shall estimate the Operating Costs Allocable to the Premises and Property Taxes Allocable to the Premises for such Year predicated on the most recent reliable information available to Landlord; (b) the amount determined under clause (a) of this sentence shall be prorated by multiplying such amount by a fraction, the numerator of which is the number of days within the Lease Term in such Year and the denominator of which is 365; (c) the Operating Costs Base Amount Allocable to the Premises shall be prorated in the manner described in clause (b); (d) the clause (c) amount (i.e., the prorated Operating Costs Base Amount Allocable to the Premises) shall be deducted from the clause (b) amount (i.e., the prorated Operating Costs Allocable to the Premises); (e) if the clause (d) amount exceeds the Estimated Operating Costs Allocable to the Premises paid by Tenant for the last Year in the Lease Term, then Tenant shall pay the excess to Landlord within ten (10) Business Days after Landlord's delivery to Tenant of a statement for such excess; and (f) if the Estimated Operating Costs Allocable to the Premises paid by Tenant for the last Year in the Lease Term exceeds the clause (d) amount, then Landlord shall refund to Tenant the excess within the ten (10) Business Day period described in clause (e) if Tenant is not then in default of any of its obligations under this Lease. Landlord's and Tenant's obligations under this paragraph shall survive the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible for under the terms of this Lease excepted, and Tenant may remove all of its property pursuant to Article 3 hereof. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease.

Appears in 2 contracts

Samples: Gross Lease (Lightbridge Inc), Gross Lease (Clicksoftware Technologies LTD)

End of Term. Upon Tenant shall surrender the demised premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, term of this lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property pursuant to Article 3 hereof. (except that Tenant shall not be required obligated to restore remove any wiring or cabling). Tenant agrees that any personal property remaining in the Premises except with respect demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any Alterations manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord has designated may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as “Specialty Alterations” liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in accordance with Article 3the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. Tenant’s obligation to observe or perform this covenant The aforesaid obligations shall survive the expiration or sooner termination of the Termterm of this lease. If Anything in this lease to the last day contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence shall be deemed to be an agreement expressly “providing otherwise” within the meaning of Section 232-c of the Term or Real Property Law of the State of New York and any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately precedingsuccessor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such person Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which the Landlord may institute to enforce institute. Tenant’s obligations under this paragraph shall survive the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date expiration or sooner termination of the Termterm of this lease. At any time during the term of this lease, in addition to any other rights or remedy Landlord may have hereunder exhibit the demised premises to prospective purchasers, investors or at law, Tenant shall pay to Landlord for each month and for each portion mortgagees of any month during which Tenant holds over in Landlord’s interest therein. During the Premises after last year of the Expiration Date or sooner termination term of this Leaselease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in exhibit the Premises after the expiration or earlier termination of the Term premises to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Leasetenants.

Appears in 2 contracts

Samples: Agreement of Lease (On Deck Capital Inc), Agreement of Lease (On Deck Capital Inc)

End of Term. Upon the expiration or other termination of the Termthis Lease, Tenant shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible for under the terms of this Lease excepted, and Tenant may shall remove all of its property as may be required pursuant to Article 3 hereof. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s ; this obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday Sunday, this Lease shall expire on the business day Business Day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover or summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 2120. In additionTenant acknowledges that possession of the Premises must be surrendered to Landlord on the Expiration Date. Tenant agrees to indemnify and save Landlord harmless from and against all claims, losses, damages, liabilities, costs and expenses (including, without limitation, attorneys’ fees and disbursements) resulting from any delay by Tenant past the date that is six (6) months after the Expiration Date in surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Fixed Rent and Escalation Rent theretofore payable hereunder, and will be impossible to accurately measuremeasure accurately. Tenant therefore agrees that that, except if and to the extent Landlord has expressly agreed to allow Tenant to remain in possession after the Expiration Date, if possession of the Premises is not surrendered to Landlord by Tenant on or any subtenant or other occupant within twenty-four (24) hours after before the Expiration Date or sooner termination of the TermDate, in addition to any other rights or remedy remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord’s right to demonstrate and collect any damages suffered by Landlord and arising from Tenant’s failure to surrender the Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Premises for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this LeaseDate, a sum equal to the greater of one and one-half (i) two (2) times the aggregate of that portion of the Fixed Rent, Escalation Rent and all additional rent other items of Rental which was were payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises without written consent after the Expiration Date or sooner termination to limit in any manner Landlord’s right to regain possession of this Lease the Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which 20. The provisions of this Article 20 shall survive the Expiration Date or sooner termination of this LeaseDate.

Appears in 2 contracts

Samples: www.sec.gov, Agreement of Lease (National Financial Partners Corp)

End of Term. 21.1 Upon the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Demised Premises, broom clean, in as good order order, condition and conditionrepair as it now is or may hereafter be placed, ordinary wear excepted. Tenant shall remove all property of Tenant, as directed by Landlord. Any property left on Demised Premises at the expiration or other termination of this Lease, or after the happenings of any of the events of default set forth in Article 18, may, at the option of Landlord, either be deemed abandoned or be placed in storage at a public warehouse in the name of and tear for the account of and at the expense and risk of Tenant or otherwise disposed of by Landlord in the manner provided by Law. Tenant expressly releases Landlord of and from any and all claims and Liability for damage for which to or destruction or Loss of property left by Tenant is not responsible for under upon Demised Premises at the terms expiration of other termination of this Lease exceptedand Tenant hereby indemnifies Landlord against any and all claims and Liability with respect thereto. If Tenant holds over after the Term with the consent of Landlord, express or implied, such tenancy shall be from month to month only and shall not be a renewal hereof, and Tenant may remove shall pay the rent and all the other charges at the same rate as herein provided and also comply with all of its property pursuant the terms, covenants, conditions, provisions and agreements of this Lease for the time during which Tenant holds over. If Tenant holds over after the Term without the consent of Landlord and shall fail to Article 3 hereof. Tenant shall not be required to restore the vacate Demised Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive after the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through cause or under after Tenant's right to occupy same ceases, any rights which thereafter, and notwithstanding anything to the contrary contained elsewhere in this Lease, Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage shall be liable to Landlord resulting from any failure by Tenant for the use and occupancy of Demised Premises in an amount agreed to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount one hundred twenty-five percent (125%) of the monthly installments of the Rent theretofore payable hereunderBase Annual Rent, and will be impossible to accurately measure. Tenant therefore agrees that if possession of all the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, changes as provided in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during for the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Demised Premises are not surrendered upon at the expiration or earlier termination of this Lease with respect to all or any portion end of the PremisesTerm, Tenant shall be additionally responsible to Landlord for all damage (including but not limited to the loss of rent) which Landlord shall suffer by reason thereof, and Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any all claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain against Landlord, resulting from delay by Landlord in delivering possession of the Demised Premises after the Expiration Date to such succeeding tenant. Tenant's obligation to observe or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination perform all of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the terms, covenants, conditions, provisions and agreements of this Article 21, which provisions shall survive the Expiration Date expiration or sooner other termination of this Lease.

Appears in 2 contracts

Samples: Letter and Construction Agreement (Homelife Inc), Letter and Construction Agreement (Homelife Inc)

End of Term. Upon Lessee shall surrender the premises to Lessor at the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease with premises in as good order and conditioncondition as they were delivered to Lessee at the commencement of this Lease, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms by fire or other casualty in accordance with paragraph 11 of this Lease exceptedLease. Any defects in the premises discovered by Lessee within thirty (30) days of the Commencement Date shall be listed on an exhibit by Lessee, acknowledged by Lessor and Tenant may attached hereto. Lessee shall also (except as otherwise provided herein) remove all of its personal property pursuant to Article 3 hereof. Tenant shall not be required to from the premises at the expiration of the term of this Lease and restore the Premises premises to their original condition, except with respect for Landlord approved improvements, reasonable wear and tear and damage by fire and other casualty. Lessee acknowledges that possession of the premises must be surrendered to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive Lessor at the expiration or sooner termination of the Termterm of this Lease. If Lessee agrees it shall indemnify and save Lessor harmless against all cost, claims, loss or liability resulting from delay by Lessee in so surrendering the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivespremises, for itself and for any person claiming through or under Tenantincluding without limitation, any rights which Tenant or claims made by any succeeding Lessee rounded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21delay. In addition, the The parties recognize and agree that the damage to Landlord Lessor resulting from any failure by Tenant Lessee to timely surrender possession of the Premises premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore rent therefore payable hereunder, and accurate measurement will be impossible to accurately measureimpossible. Tenant Lessee therefore agrees that if possession of or the Premises premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after Lessor on the Expiration Date or sooner termination date of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date expiration or sooner termination of this Lease, then Lessee agrees to pay Lessor as liquidated damages for each month, and for each portion or any month pro-rated on a daily basis, during which Lessee holds over in the premises alter the expiration or termination or the term of this Lease, as sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent average rent and all additional rent which was payable per month under this Lease during the last month six months of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease.term thereof;

Appears in 2 contracts

Samples: Agreement of Lease (Sancilio Pharmaceuticals Company, Inc.), Agreement of Lease (Sancilio Pharmaceuticals Company, Inc.)

End of Term. Upon 12.01 Tenant shall surrender the Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property pursuant to Article 3 hereofproperty. Tenant agrees it shall not be required to restore indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivesPremises, for itself and for any person claiming through or under Tenantincluding, without limitation, any rights which Tenant or claims made by any succeeding tenant founded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21delay. In addition, the The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measureof accurate measurement. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four one (241) hours day after the Expiration Date date of the expiration or sooner termination of the TermTerm of this Lease, in addition to any other rights or remedy then Tenant will pay Landlord may have hereunder or at law, Tenant shall pay to Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after expiration or termination of the Expiration Date or sooner termination Term of this Lease, a sum equal to the greater of (i) one and one-half (1 1⁄2) times the average Rent which was payable per month under this Lease during the last six months of the Term, for the period from the Expiration Date through the thirtieth (30) day thereafter, and (ii) two (2) times the aggregate of that portion of the average Rent and all additional rent which was payable per month under this Lease during the last month six months of the Term, or for the period from the thirty-first (ii31st) day after the then Fair Market Value Expiration Date through the date upon which possession of the PremisesPremises is surrendered by Tenant in accordance with the provisions of this Lease, and in each case, Tenant shall pay Additional Rent as determined by Landlordis otherwise due and owing pursuant to this Lease. Landlord may consider items of Tenant’s Property that remain in the Premises after The aforesaid obligations shall survive the expiration or earlier sooner termination of the Term to have been abandonedof this Lease. In that eventAt any time during the Term of this Lease, Landlord may, at its option either (x) retain such items as its property may exhibit the Premises to prospective purchasers or dispose mortgagees of them without accountability or liability, and in any such manner as Landlord shall determine, all at TenantLandlord’s expense, or (y) remove and store such items for Tenantinterest therein. Tenant shall reimburse Landlord for During the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions last year of the term of this Article 21 shall survive the expiration of the Term. If Lease, Landlord may exhibit the Premises are not surrendered upon to prospective tenants. Notwithstanding anything to the expiration or earlier termination of contrary contained in this Lease with respect to all or any portion of Lease, in the Premises, event Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant holds over in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease the Term, but vacates and no acceptance by Landlord of payments from Tenant surrenders the Premises on or prior to the thirtieth (30*) day after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant but otherwise in accordance with the provisions of this Article 21terms, which provisions shall survive the Expiration Date or sooner termination covenants and conditions of this Lease, then Tenant shall not be liable for consequential damages in connection with such holding over.

Appears in 2 contracts

Samples: Agreement (Schrodinger, Inc.), Agreement (Schrodinger, Inc.)

End of Term. Upon If this Lease shall terminate on a day other than the last day of a Year, (a) Landlord shall estimate the Operating Costs Allocable to the Premises and Property Taxes Allocable to the Premises for such Year predicated on the most recent reliable information available to Landlord; (b) the amount determined under clause (a) of this sentence shall be prorated by multiplying such amount by a fraction, the numerator of which is the number of days within the Lease Term in such Year and the denominator of which is 360; (c) the Operating Costs Base Amount Allocable to the Premises shall be prorated in the manner described in clause (b); (d) the clause (c) amount (i.e., the prorated Operating Costs Base Amount Allocable to the Premises) shall be deducted from the clause (b) amount (i.e., the prorated Operating Costs Allocable to the Premises); (e) if the clause (d) amount exceeds the Estimated Operating Costs Allocable to the Premises paid by Tenant for the last Year in the Lease Term, then Tenant shall pay the excess to Landlord within ten (10) Business Days after Landlord’s delivery to Tenant of a statement for such excess; and (f) if the Estimated Operating Costs Allocable to the Premises paid by Tenant for the last Year in the Lease Term exceeds the clause (d) amount, then Landlord shall refund to Tenant the excess within the ten (10) Business Day period described in clause (e) if Tenant is not then in default of any of its obligations under this Lease. Landlord’s and Tenant’s obligations under this paragraph shall survive the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible for under the terms of this Lease excepted, and Tenant may remove all of its property pursuant to Article 3 hereof. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease.

Appears in 2 contracts

Samples: Lease (Endurance International Group Holdings, Inc.), Lease (Endurance International Group Holdings, Inc.)

End of Term. Upon Lessee shall surrender the premises to Lessor at the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease with premised in as good order and conditioncondition as they were delivered to Lessee at the commencement of this Lease, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms by fire or other casualty in accordance with paragraph 11 of this Lease exceptedLease. Any defects in the premises discovered by Lessee within thirty (30) days of the Commencement Date shall be listed on an exhibit by Lessee, acknowledged by Lessor and Tenant may attached hereto. Lessee shall also (except as otherwise provided herein) remove all of its personal property pursuant to Article 3 hereof. Tenant shall not be required to from the premises at the expiration of the term of this Lease and restore the Premises premises to their original condition, except with respect for reasonable wear and tear and damage by fire and other casualty. Lessee acknowledges that possession of the premises must be surrendered to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive Lessor at the expiration or sooner termination of the Termterm of this Lease. If Lessee agrees it shall indemnify and save Lessor harmless against all cost, claims, loss or liability resulting from delay by Lessee in so surrendering the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivespremises, for itself and for any person claiming through or under Tenantincluding without limitation, any rights which Tenant or claims made by any succeeding tenant founded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21delay. In addition, the The parties recognize and agree that the damage to Landlord Lessor resulting from any failure by Tenant Lessee to timely surrender possession of the Premises premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore rent therefore payable hereunder, and accurate measurement will be impossible to accurately measureimpossible. Tenant Lessee therefore agrees that if possession of the Premises premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after Lessor on the Expiration Date date of the expiration or sooner termination of the Termthis Lease, in addition then Lessee agrees to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord Lessor as liquidated damages for each month month, and for each portion of any month pro-rated on a daily basis, during which Tenant Lessee holds over in the Premises premises after the Expiration Date expiration or sooner termination of the term of this Lease, a as sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent average rent and all additional rent which was payable per month under this Lease during the last month six months of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Leaseterm thereof.

Appears in 2 contracts

Samples: Lease Agreement (Sancilio Pharmaceuticals Company, Inc.), Lease Agreement (Sancilio Pharmaceuticals Company, Inc.)

End of Term. Upon 12.01 Tenant shall surrender the Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property pursuant to Article 3 hereofpersonal property. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measureof accurate measurement. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four one (241) hours day after the Expiration Date date of the expiration or sooner termination of the TermTerm of this Lease, in addition to any other rights or remedy then Tenant will pay Landlord may have hereunder or at law, Tenant shall pay to Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date expiration or sooner termination of the Term of this Lease, a sum equal to (x) for the greater first thirty (30) days of such holdover, one and one-half (i) times the average Fixed Annual Rent and Additional Rent which was payable per month under this Lease during the last six (6) months of the Term, and (y) commencing on the thirty-first (31st) day of such holdover and thereafter, two (2) times the aggregate of that portion of the average Fixed Annual Rent and all additional rent Additional Rent which was payable per month under this Lease during the last month six (6) months of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 aforesaid obligations shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Coach Inc)

End of Term. Upon the expiration or other termination of the Termterm, Tenant shall quit and surrender to Landlord the Premisesdemised premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible for under the terms of this Lease excepted, and Tenant may remove all of its property pursuant to Article 3 hereof. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s 's obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Termterm of this Lease. Tenant agrees to indemnify and save Landlord harmless from all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the demised premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21paragraph 35. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises demised premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent fixed annual rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises demised premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date expiration date or a sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, law Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises demised premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of three (i) two (23) times the aggregate of that portion of the Rent fixed rent and all items of additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises demised premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date expiration or sooner termination of the Term Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 2118, which provisions shall survive the Expiration Date expiration or sooner termination of this Lease.

Appears in 1 contract

Samples: Neogenix Oncology Inc

End of Term. ABANDONED PROPERTY; HOLDOVER Upon the expiration or other termination of the Term, Tenant Term of this Sublease. Sublessee shall peaceably quit and surrender to Landlord Sublessor the PremisesSublease Premises (and all alterations and additions thereto which Sublessee in not entitled or required to remove under the provisions of this Sublease), broom broom-clean, in good order order, repair and condition, ordinary condition excepting only reasonable wear and tear and damage by fire or other casualty for which Tenant is not responsible for which, under the terms other provisions of this Lease exceptedSublease, and Tenant may remove all Sublessee has no responsibility of its property pursuant to Article 3 hereofrepair or restoration. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s Sublessee's obligation to observe or perform this covenant shall survive the expiration or sooner other termination of the TermTerm of this Sublease. If the last day of the Term of this Sublease or any renewal thereof falls on Saturday or Sunday a day other than a Business Day, this Lease Sublease shall expire on the business day Business Day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights Any personal property in which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings Sublessee has an interest which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Building or on the Sublease Premises after the expiration or earlier termination of the Term of this Sublease shall be conclusively deemed to have been abandoned, and may be disposed of in such manner as Sublessor may see fit. In that eventNotwithstanding the foregoing, Landlord maySublessee will, upon request of Sublessor made not later than thirty (30) days after the expiration or termination of the Term hereof, promptly remove from the Building any personal property or, if any part thereof shall be sold, then Sublessor may receive and retain the proceeds of such sale and apply the same, at its option either option, against the expenses of the sale, the cost of moving and storage, any arrears of Rent payable hereunder by Sublessee to Sublessor and any damages to which Sublessor may be entitled under Article 15 hereof or pursuant to law, with the balance if any, to be paid to Sublessee. In the event of holding over by Sublessee after expiration or other termination of this Sublease, occupancy of the Sublease Premises subsequent to such termination or expiration shall be that of a tenancy at sufferance and in no event for month-to-month or year-to-year, but Sublessee shall, throughout the entire holdover period, be subject to all the terms and provisions of this Sublease and shall pay for its use and occupancy an amount (xon a per diem basis) retain equal to two hundred percent (200%) of the sum of the Yearly Fixed Rent and Additional Rent (at the rental rate for the period immediately preceding such items as its property or dispose of them without accountability or liabilityholdover), and in any no event shall such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord holdover rental be less than the fair market rental for the reasonable expenses incurred in connection with such disposal Sublease Premises. No holding over by Sublessee or removal and storage within 20 days payments of money by Sublessee to Sublessor after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination term of this Lease with respect Sublease shall be construed to all extend the Term or any portion prevent Sublessor for recovery of immediate possession of the PremisesSublease Premises by summary proceedings or otherwise. In addition to the obligation to pay the amounts set forth above during any such holdover period, Tenant hereby indemnifies Landlord against loss, cost, injury, Sublessee also shall be liable so Sublessor for all damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any consequential damage, which Sublessor may suffer by reason of any holding over by Sublessee, and Sublessee shall indemnify Sublessor against any and all claims made by any succeeding other tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain against Sublessor for delay by Sublessor in delivering possession of the Sublease Premises after the Expiration Date to such other tenant or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Leaseprospective tenant.

Appears in 1 contract

Samples: Agreement (Combinatorx, Inc)

End of Term. 23.1 Upon the expiration or other termination of the Termterm of this Lease, Tenant shall quit and surrender to Landlord the Premisesdemised premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible for under by fire, the terms of this Lease elements or other casualty excepted, and Tenant may shall remove all of its property pursuant to Article 3 hereofas herein provided. Tenant agrees it shall not be required to restore indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivespremises, for itself and for any person claiming through or under Tenantincluding, without limitation, any rights which Tenant or claims made by any succeeding tenant founded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21delay. In additionAdditionally, the parties recognize and agree that the other damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid premises will be substantial, will exceed the amount of the monthly installments of the Rent rent theretofore payable hereunder, and will be impossible to accurately measureof accurate measurement. Tenant therefore agrees that if possession of the Premises premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four one (241) hours day after the Expiration Date date of the expiration or sooner termination of the Termterm of this lease, in addition to any other rights or remedy then Tenant will pay Landlord may have hereunder or at law, Tenant shall pay to Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises premises after the Expiration Date expiration or sooner termination of the term of this Leaselease, a sum equal to one and a half the greater of (i) two (2) times the aggregate of that portion of the Rent average rent and all additional rent which was payable per month under this Lease lease during the last month six months of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice thereforterm thereof. The provisions of this Article 21 aforesaid obligations shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination term of this Lease.

Appears in 1 contract

Samples: Agreement of Lease (Vision Sciences Inc /De/)

End of Term. ABANDONED PROPERTY Upon the expiration or other termination of the TermTerm of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises, broom clean, in good order Demised Premises and condition, ordinary wear all alterations and tear and damage for additions thereto which Tenant is not responsible for entitled or required to remove under the terms provisions of this Lease exceptedbroom clean and in good order, repair and condition excepting only reasonable use and wear and damage by fire or other casualty for which, under other provisions of this Lease, Tenant may remove all has no responsibility of its property pursuant to Article 3 hereof. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3repair or restoration. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner other termination of the TermTerm of this Lease. If the last day of the Term of this Lease or any renewal thereof falls on Saturday or Sunday a day other than a Business Day, this Lease shall expire on the business day Business Day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions shall pay 150% of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of Rent (calculated at the monthly installments of the Rent theretofore payable hereunder, and will be impossible rate most recently in effect) applicable to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month or fraction thereof during which Tenant holds over remains in the Premises after the Expiration Date or sooner termination possession of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion any part of the Rent and all additional rent which was payable under this Lease during the last month Demised Premises in violation of the Termforegoing covenants, or (ii) the then Fair Market Value of the Premises, as determined by Landlordwithout prejudice to eviction and any other remedy available to Landlord on account thereof. Landlord may consider items of Tenant’s Property that Any personal property in which Tenant has an interest which shall remain in the Building or on the Demised Premises after the expiration or earlier termination of the Term of this Lease shall be conclusively deemed to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and may be disposed of in any such manner as Landlord shall determinemay see fit; provided however, all at Tenant’s expensenotwithstanding the foregoing, or that Tenant will, upon request of Landlord made not later than thirty (y30) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be deemed to be other than on account sold, that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the amount sale, the cost of moving and storage, any arrears of Rent payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 19 or pursuant to law, with the balance if any, to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Leaseto Tenant.

Appears in 1 contract

Samples: Lease (Viryanet LTD)

End of Term. Upon 12.01 Tenant shall surrender the Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property pursuant property. In the event that Tenant fails to Article 3 hereof. Tenant shall not be required to restore surrender possession of the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive within thirty (30) days after the date of the expiration or sooner termination of the Term. If Term of this Lease, in addition to all other remedies provided for herein, in equity and at law, Tenant agrees that it shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivesPremises, for itself and for any person claiming through or under Tenantincluding, without limitation, any rights which Tenant or claims made by any succeeding tenant founded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21delay. In addition, the The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measureof accurate measurement. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four one (241) hours day after the Expiration Date date of the expiration or sooner termination of the TermTerm of this Lease, in addition to any other rights or remedy then Tenant will pay Landlord may have hereunder or at law, Tenant shall pay to Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after expiration or termination of the Expiration Date or sooner termination Term of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the average Rent and all additional rent Additional Rent which was payable per month under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination six months of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice thereforthereof. The provisions of this Article 21 aforesaid obligations shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. At any time during the Term of this Lease, Landlord may exhibit the Premises to prospective purchasers or mortgagees of Landlord's interest therein. During the last year of the term of this Lease, Landlord may exhibit the Premises to prospective tenants.

Appears in 1 contract

Samples: Medix Resources Inc

End of Term. Upon the expiration Expiration Date, or other earlier termination of the Termterm of this Lease, Tenant shall quit quit, surrender and surrender deliver to Landlord the Premises, broom clean, Demised Premises in good working order and condition, “broom clean”, ordinary wear and tear tear, damage by acts of God, and damage for which Tenant is not responsible for under the terms of this Lease excepteddue to a casualty or condemnation, excepted and Tenant may shall remove all of its property pursuant to Article 3 hereofTenant’s Property therefrom. Tenant shall not acknowledges that possession of the Demised Premises must be required surrendered to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive at the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions term of this Article 21Lease. In addition, the The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Demised Premises as aforesaid will be extremely substantial, will may exceed the amount installments of the monthly installments of the annual Fixed Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Demised Premises is not surrendered to Landlord by Tenant on or any subtenant or other occupant within twenty-four (24) hours after before the Expiration Date expiration or sooner termination of the Termterm of this Lease, in addition to any other rights or remedy Landlord may have hereunder or at law, then Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the Expiration Date expiration or sooner termination of the term of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion 150% of the monthly Fixed Rent and all additional rent which was payable under this Lease during the last month of the Termterm hereof, or (ii) for the then Fair Market Value first two months Tenant so holds over and 200% of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in monthly Fixed Rent which was payable under this Lease during the Premises after the expiration or earlier termination last month of the Term to term hereof thereafter, together with, in all instances, all Additional Rent which would otherwise have been abandonedpayable hereunder had this Lease been extended. In that eventaddition, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies indemnify Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any all claims made by any succeeding tenant or prospective tenant against Landlord founded upon delay by Landlord in delivering possession of the Premises to such delaysucceeding tenant by more than 90 days, so far as such delay is occasioned by the failure of Tenant or any subtenant to so surrender the Demised Premises. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Demised Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date expiration or sooner termination of the Term shall be deemed to be other than on account term of the amount to be paid by Tenant in accordance with the this Lease. The aforesaid provisions of this Article 21, which provisions paragraph shall survive the Expiration Date expiration or sooner termination of the term of this Lease. In addition to the foregoing, should Landlord incur any expense in removing Tenant, any subtenant, or any other person holding by, through, or under Tenant or any subtenant, who has failed to so surrender the Demised Premises or any part thereof, Tenant shall reimburse Landlord for the reasonable cost and expense (including, without limitation, reasonable attorneys’ fees, disbursements and court costs) of removing such subtenant or such person.

Appears in 1 contract

Samples: Commencement Date Agreement (SoulCycle Inc.)

End of Term. 16. (A) Upon the expiration or other termination of the TermTerm of this lease, Tenant shall shall, at its own expense, quit and surrender to Landlord the Demised Premises, broom clean, in good order and condition, ordinary wear and wear, tear and damage for which Tenant is not responsible for under the terms of this Lease by fire or other insured casualty excepted, and Tenant may shall remove all of its property pursuant and shall pay the cost to Article 3 hereofrepair all damage to the Demised premises or the Building occasioned by such removal. Other than initial Tenant shall not be required to restore installations, all fixtures, and all panelling, permanent partitions, railings, staircases and like installations, installed in the Premises except at any time, either by Tenant or by Landlord on Tenant's behalf, shall become the property of Landlord and shall remain upon and be surrendered with respect the premises unless Landlord, by notice to Tenant no later than twenty (20) days prior to the date fixed as the Expiration Date, elects to have them removed by Tenant, in which event, the same shall be removed from the Premises by Tenant forthwith at Tenant's expense and the Premises shall be returned to its original condition. Any property not removed from the Premises shall be deemed abandoned by Tenant and may be retained by Landlord, as its property, or disposed of in any Alterations that manner deemed appropriate by the Landlord. Any expense incurred by Landlord has designated as “Specialty Alterations” in accordance with Article 3. removing or disposing of such Tenant’s obligation 's property shall be reimbursed to observe or perform this covenant shall survive the expiration or sooner termination of the TermLandlord by Tenant on demand. If the last day of the Term term of this lease or any renewal thereof hereof falls on Saturday Sunday or Sunday a legal holiday, this Lease lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or Tenant's obligations under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions 16 shall survive the Expiration Date or sooner termination of this Leaselease. (B) If Tenant shall hold over after the end of the Term, such holding over shall be unlawful and in no manner constitute a renewal or an extension of the lease and no notice of any kind shall be required prior to any commencement of summary proceeding and Tenant hereby waives any such right. However, during such hold over time Tenant shall have all of the obligations of this lease, including payment of rent at a monthly rate equal to double the amount due during the first month of the last year of occupancy before the end of the expired term, plus any escalations or additional rent provided for in this lease.

Appears in 1 contract

Samples: Agreement of Lease (Arbor National Holdings Inc)

End of Term. Upon Tenant shall surrender the premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property. Tenant agrees that any personal property pursuant remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the teini hereof may have been terminated) shall for all purposes be deemed conveyed to Article 3 hereofand to be the property of Landlord who shall be free to dispose of such property, at Tenant's cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord's disposing of such property, Tenant shall reimburse Landlord or pay to Landlord any cost which Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the premises is not be required surrendered to restore Landlord within one (1) day after the Premises except with respect expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3three times the average rent and additional rent which was payable per month under this lease during the last six months of the term thereof. Tenant’s obligation to observe or perform this covenant The aforesaid obligations shall survive the expiration or sooner termination of the Termtem4 of this lease. If Anything in this lease to the last day contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence shall be deemed to be an agreement expressly "providing otherwise" within the meaning of Section 232-c of the Term or Real Property Law of the State of New York and any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately precedingsuccessor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such person Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which the Landlord may institute to enforce institute. Tenant's obligations under this paragraph shall survive the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date expiration or sooner termination of the Termterm of this lease. At any time during the term of this lease, in addition to any other rights or remedy Landlord may have hereunder exhibit the premises to prospective purchasers, investors or at law, Tenant shall pay to Landlord for each month and for each portion mortgagees of any month during which Tenant holds over in Landlord's interest therein. During the Premises after last year of the Expiration Date or sooner termination term of this Leaselease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in exhibit the Premises after the expiration or earlier termination of the Term premises to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Leasetenants.

Appears in 1 contract

Samples: Agreement of Lease (Omagine, Inc.)

End of Term. Upon 12.01 Tenant shall surrender the Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property pursuant to Article 3 hereofproperty. Tenant agrees it shall not be required to restore indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivesPremises, for itself and for any person claiming through or under Tenantincluding, without limitation, any rights which Tenant or claims made by any succeeding tenant founded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21delay. In addition, the The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measureof accurate measurement. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after on the Expiration Date or sooner termination of the TermTerm of this Lease, in addition to any other rights or remedy then Tenant will pay Landlord may have hereunder or at law, Tenant shall pay to Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after expiration or termination of the Expiration Date or sooner termination Term of this Lease, a sum equal to the greater of one and one-half (i) two (21.5) times the aggregate of that portion of the average Rent and all additional rent Additional Rent which was payable per month under this Lease during the last month six months of the Term, or Term thereof for the first ninety (ii90) days of such holdover and thereafter time (2) times the then Fair Market Value average Rent and Additional Rent. Tenant shall also pay all Additional Rent as incurred in the normal course of operations under the Premises, as determined by LandlordLease. Tenant shall not be responsible for any consequential damages to Landlord may consider items of Tenant’s Property that remain unless Tenant holds over in the Premises after the expiration or earlier termination for a period of the Term to have been abandoned. In that event, Landlord may, at its option either in excess of thirty (x30) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefordays. The provisions of this Article 21 aforesaid obligations shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. At any time during the Term of this Lease, during business hours upon reasonable advance notice to Tenant (which may be given in person or by telephone), Landlord may exhibit the Premises to prospective purchasers or mortgagees of Landlord’s interest therein. During the last year of the Term, Landlord may exhibit the Premises · to prospective tenants.

Appears in 1 contract

Samples: Lease Modification Agreement (G Iii Apparel Group LTD /De/)

End of Term. Upon the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible for under the terms of this Lease excepted, and Tenant may remove all of its property pursuant to Article 3 hereof. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s 's obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s 's Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (xi) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s 's expense, or (yii) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 subsection shall survive the expiration of the ---------- Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys' fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease.

Appears in 1 contract

Samples: Salon Internet Inc

End of Term. ABANDONED PROPERTY Upon the expiration or other termination of the TermTerm of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises, broom clean, in good order Demised Premises and condition, ordinary wear all alterations and tear and damage for additions thereto which Tenant is not responsible for entitled or required to remove under the terms provisions of this Lease exceptedLease, broom clean in good order, repair and condition excepting only reasonable use and wear and damage by fire or other casualty for which, under other provisions of this Lease, Tenant may remove all has no responsibility of its property pursuant to Article 3 hereof. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3repair or restoration. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner other termination of the TermTerm of this Lease. If the last day of the Term of this Lease or any renewal thereof falls on Saturday or Sunday a day other than a Business Day, this Lease shall expire on the business day Business Day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed shall pay twice the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible applicable to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month (or fraction thereof) during which Tenant holds over remains in the Premises after the Expiration Date or sooner termination possession of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion any part of the Rent and all additional rent which was payable under this Lease during the last month Demised Premises in violation of the Termforegoing covenants, or (ii) the then Fair Market Value of the Premises, as determined by Landlordwithout prejudice to eviction and any other remedy available to Landlord on account thereof. Landlord may consider items of Tenant’s Property that Any personal property in which Tenant has an interest which shall remain in the Building or on the Demised Premises after the expiration or earlier termination of the Term of this Lease shall be conclusively deemed to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and may be disposed of in any such manner as Landlord shall determinemay see fit; provided, all at Tenant’s expensehowever, or notwithstanding the foregoing, that Tenant will, upon request of Landlord made not later than ten (y10) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be deemed to be other than on account sold, that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the amount sale, the cost of moving and storage, any arrears of Rent payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 19 hereof or pursuant to law, with the balance if any, to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Leaseto Tenant.

Appears in 1 contract

Samples: Agreement of Lease (Fluidigm Corp)

End of Term. 23.01 Upon the expiration or other termination of the Termterm of this Lease, Tenant shall quit and surrender to Landlord the Premisesdemised premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible for under by fire, the terms of this Lease elements or other casualty excepted, and Tenant may shall remove all of its property pursuant to Article 3 hereofas herein provided. Tenant agrees it shall not be required to restore indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivespremises, for itself and for any person claiming through or under Tenantincluding, without limitation, any rights which Tenant or claims made by any succeeding tenant founded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21delay. In additionAdditionally, the parties recognize and agree that the other damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid premises will be substantial, will exceed the amount of the monthly installments of the Rent rent theretofore payable hereunder, and will be impossible to accurately measureof accurate measurement. Tenant therefore agrees that if possession of the Premises premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four ten (2410) hours days after the Expiration Date date of the expiration or sooner termination of the Termterm of this lease, in addition to any other rights or remedy then Tenant will pay Landlord may have hereunder or at law, Tenant shall pay to Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises premises after the Expiration Date expiration or sooner termination of the term of this Leaselease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent average rent and all additional rent which was payable per month under this Lease lease during the last month six months of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice thereforterm thereof. The provisions of this Article 21 aforesaid obligations shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination term of this Lease.

Appears in 1 contract

Samples: Agreement of Lease (Gantos Inc)

End of Term. Upon 12.01 Tenant shall surrender the Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property pursuant to Article 3 hereofproperty. Tenant agrees it shall not be required to restore indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivesPremises, for itself and for any person claiming through or under Tenantincluding, without limitation, any rights which Tenant or claims made by any succeeding tenant founded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21delay. In addition, the The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measureof accurate measurement. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four one (241) hours day after the Expiration Date date of the expiration or sooner termination of the TermTerm of this Lease, in addition to any other rights or remedy then Tenant will pay Landlord may have hereunder or at law, Tenant shall pay to Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after expiration or termination of the Expiration Date or sooner termination Term of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the average Rent and all additional rent Additional Rent which was payable per month under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination six months of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice thereforthereof. The provisions of this Article 21 aforesaid obligations shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. At any time during the Term of this Lease, Landlord may exhibit the Premises to prospective purchasers or mortgagees of Landlord's interest therein. During the last year of the term of this Lease, Landlord may exhibit the Premises to prospective tenants and shall use commercially reasonable efforts to minimize interference with Tenant’s permitted use of the Premises during such entry to the Premises.

Appears in 1 contract

Samples: Lease (Fusion Telecommunications International Inc)

End of Term. Upon 12.01 Tenant shall surrender the Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property pursuant to Article 3 hereofproperty. Tenant agrees it shall not be required to restore indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivesPremises, for itself and for any person claiming through or under Tenantincluding, without limitation, any rights which Tenant or claims made by any succeeding tenant founded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21delay. In addition, the The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measureof accurate measurement. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four one (241) hours day after the Expiration Date date of the expiration or sooner termination of the TermTerm of this Lease, in addition to any other rights or remedy then Tenant will pay Landlord may have hereunder or at law, Tenant shall pay to Landlord as liquidated damages for each month and for each portion of any the first and second month during which Tenant holds over in the Premises after expiration or termination of the Expiration Date or sooner termination Term of this Lease, a sum equal to one and one-half (1 1⁄2) times the greater average Rent which was payable per month under this Lease during the last six months of (i) the Term thereof and for the third and subsequent months during which Tenant holds over in the Premises after expiration or termination of the Term of this Lease, a sum equal to two (2) times the aggregate of that portion of the Rent and all additional rent which was payable per month under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenantthereof. Tenant shall reimburse Landlord for the reasonable expenses also pay all Additional Rent as incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice thereforthe normal course of operations under the Lease. The provisions of this Article 21 aforesaid obligations shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. At any time during the Term of this Lease, Landlord may exhibit the Premises to prospective purchasers or mortgagees of Landlord’s interest therein upon reasonable advance notice to Tenant (which may be given in person or by telephone). During the last year of the term of this Lease, Landlord may exhibit the Premises to prospective tenants upon reasonable advance notice to Tenant (which may be given in person or by telephone).

Appears in 1 contract

Samples: Sublease Agreement (Delcath Systems, Inc.)

End of Term. Upon A. Tenant shall surrender the Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease in good order and condition, ordinary broom clean, except for reasonable wear and tear and damage for which Tenant is not responsible for under by fire or other casualty (but recognizing Tenant’s obligations to maintain the terms of Premises as provided in this Lease excepted, Lease) and Tenant may remove shall surrender all of its property pursuant to Article 3 hereof. Tenant shall not be required to restore keys for the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21Landlord. In addition, the parties recognize Tenant shall remove all computer, telephone and agree that the damage to Landlord resulting from any failure by data cabling servicing its premises. If Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours shall hold over after the Expiration Date or sooner other termination of this Lease, such holding over shall not be deemed to be a renewal of this Lease but shall be deemed to create a month to month tenancy only and by such holding over Tenant shall continue to be bound by all of the Termterms and conditions of this Lease, in addition except that during such month to any other rights or remedy Landlord may have hereunder or at law, month tenancy Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to (A) the greater of (i) two (2) times the aggregate of that portion of monthly Base Rent Landlord is then charging new tenants for space in the Building, or (ii) two (2) times the Base Rent and all additional rent which was payable under this Lease hereunder during the last month of the Term, and (B) any and all Operating Expenses and other forms of Additional Rent payable under this Lease. Such month-to-month tenancy may be terminated by Landlord or (ii) the then Fair Market Value Tenant effective as of the Premises, as determined last day of any calendar month by Landlord. Landlord may consider items delivery to the other of Tenant’s Property that remain in notice of such termination prior to the Premises after the expiration or earlier termination first day of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenantcalendar month. Tenant shall reimburse indemnify, defend and hold Landlord for the reasonable expenses incurred in connection with such disposal or removal harmless from and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or against any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injuryclaim, damage, claimloss, expenseliability, judgment, suit, disbursement or liability expense (including consequential damages and reasonable attorneys’ fees and disbursements) (collectively, “Claims”) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded failure to surrender possession upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid Term, including any Claims made by Tenant in accordance with the provisions of this Article 21any succeeding tenant, which provisions and such obligations shall survive the Expiration Date expiration or sooner termination of this Lease.

Appears in 1 contract

Samples: Commencement Agreement and Lease (Digital Lightwave Inc)

End of Term. 16. (A) Upon the expiration or other termination of the TermTerm of this lease, Tenant shall shall, at its own expense, quit and surrender to Landlord the Demised Premises, broom clean, in good order and conditionthe same condition as the Demised Premises were in on the Rent Commencement Date ordinary wear, ordinary wear and tear and damage for which Tenant is not responsible for under the terms of this Lease by fire or other insured casualty excepted, and Tenant may shall remove all of its property and shall pay the cost to repair all damage to the Demised Premises or the Building occasioned by such removal. Any property not removed from the Premises shall be deemed abandoned by Tenant and may be retained by Landlord, as its property, or disposed of in any manner deemed appropriate by the Landlord. Any expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord by Tenant on demand. Notwithstanding anything to the contrary contained herein, upon the expiration or other termination of this lease, Tenant may, at Tenant's sole cost and expense, remove the uninterrupted power supply and backup generators installed by Tenant pursuant to Article 3 hereof. 2 herein, provided Tenant shall not be required pay the cost to restore repair all damage to the Demised Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately precedingBuilding occasioned by such removal. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect force, in connection with any holdover or summary proceedings proceeding which Landlord may institute to enforce the foregoing provisions of this Article 21Article. In addition, the parties recognize and agree that the damage Tenant's obligation to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant observe or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant perform this covenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after survive the expiration or earlier other termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Termlease. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination last day of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this lease or any renewal hereof falls on Sunday or a legal holiday, this lease shall expire on the business day immediately preceding. Tenant's obligations under this Article 21, which provisions 16 shall survive the Expiration Date or sooner termination of this Leaselease.

Appears in 1 contract

Samples: Entirement Agreement (Asi Solutions Inc)

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End of Term. Upon the expiration or other termination of the Term, Tenant ------------ shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible for under the terms of this Lease excepted, and Tenant may remove all of its property pursuant to Article 3 hereof. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s 's obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease.

Appears in 1 contract

Samples: Agreement of Lease (Global Broadcasting Systems Inc/Fa)

End of Term. Upon Tenant shall surrender the Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease in good order and condition, ordinary except for reasonable wear and tear tear, casualty, condemnation and damage for which acts of nature. Tenant is not responsible for under agrees that if Tenant remains in possession of the terms Premises after the date of the expiration or sooner termination of this Lease exceptedwithout the consent of Landlord, there shall be no tacit renewal of this Lease or the Term, Tenant shall be deemed to be in default, and Tenant may remove all shall be deemed to be occupying the Premises as a holdover tenant at sufferance. During the holdover, the monthly Fixed Annual Rent, payable in advance on the first day of its property pursuant each month during such holdover, shall be equal to Article 3 hereof. (a) 125% of the monthly amount of Fixed Annual Rent payable during the last month of the Term for the first thirty (30) days of the holdover, and (b) 150% of the monthly amount of Fixed Annual Rent payable during the last month of the Term for the next ninety (90) days of the holdover, and (c) 200% of the monthly amount of Fixed Annual Rent payable during the last month of the Term for entire remaining period of the holdover, and such holdover shall otherwise upon the same terms as are set forth in this Lease, so far as they are applicable to a tenancy at sufferance; provided, however, that if Tenant provides Landlord with irrevocable written notice no less than nine (9) months prior to the expiration or sooner termination of this Lease that it intends to hold over in the Premises beyond the expiration or sooner termination of this Lease, then Tenant shall not have the right to extend the scheduled expiration date for a period of six (6) months (the “Short-Term Extension”). During the Short-Term Extension, the monthly Fixed Annual Rent, payable in advance on the first day of each month during the Short-Term Extension, shall be required equal to restore the monthly amount of Fixed Annual Rent payable during the last month of the Term, plus three percent (3%). Any personal property remaining in the Premises except with respect after the expiration or sooner termination of the Term of this Lease shall, after ten (10) days notice to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant and Tenant’s obligation failure to observe or perform remove same, be deemed to be abandoned property at the option of Landlord. The aforesaid provision of this covenant Section shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease.

Appears in 1 contract

Samples: Lease (Burger King Holdings Inc)

End of Term. Upon 12.01 Tenant shall surrender the Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property and any Specialty Alteration designated by Landlord pursuant to Article 3 8 hereof. Tenant shall not be required to restore agrees if Tenant holds over in the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive beyond the date which is sixty (60) days following the expiration or sooner termination of this Lease, it shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivesPremises, for itself and for any person claiming through or under Tenantincluding, without limitation, any rights which Tenant or claims made by any succeeding tenant founded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law delay and Rules and of including any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21consequential damages and/or lost opportunities. In addition, the The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible of accurate measurement. In addition to accurately measure. the indemnification set forth above, Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four one (241) hours day after the Expiration Date date of the expiration or sooner termination of the TermTerm of this Lease, then Tenant will pay Landlord as liquidated damages (in addition to any other rights or remedy Landlord damages Tenant may have be liable for hereunder or at lawpursuant to the second (2nd) sentence of this Section 12.01), Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after expiration or termination of the Expiration Date or sooner termination Term of this Lease, a sum equal to (x) for the greater first 60 days of such holdover, one and one-half (i11/2) times the average Fixed Annual Rent and Additional Rent which was payable per month under this Lease during the last six months of the Term thereof, and (y) commencing on the 61st day of such holdover and thereafter, two (2) times the aggregate of that portion of the average Rent and all additional rent which was payable per month under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination six months of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice thereforthereof. The provisions of this Article 21 aforesaid obligations shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. At any time during the Term of this Lease and upon reasonable prior notice to Tenant, Landlord may exhibit the Premises to prospective purchasers or mortgagees of Landlord’s interest therein. During the last year of the term of this Lease and upon reasonable prior notice to Tenant, Landlord may exhibit the Premises to prospective tenants.

Appears in 1 contract

Samples: Agreement of Lease (Centerline Holding Co)

End of Term. Upon the expiration or other termination of the Termthis Lease, Tenant shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible for under the terms of this Lease excepted, and Tenant may remove all otherwise in compliance with the provisions of its property pursuant to Article 3 hereof. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday Sunday, this Lease shall expire on the business day Business Day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 2120. In additionTenant acknowledges that possession of the Premises must be surrendered to Landlord on the Expiration Date. Tenant agrees to indemnify and save Landlord harmless from and against all claims, losses, damages, liabilities, costs and expenses (including, without limitation, attorneys' fees and disbursements) resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Fixed Rent and Rental theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the TermDate, in addition to any other rights or remedy remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord and arising from Tenant's failure to surrender the Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Premises for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this LeaseDate, a sum equal to the greater of (i) two one hundred seventy-five percent (2175%) times of the aggregate of that portion of the Fixed Rent, Escalation Rent and all additional rent Rental which was payable under this Lease during the last month of the Term, or and (ii) the then Fair Market Value of fair market rental value for the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination to limit in any manner Landlord's right to regain possession of this Lease the Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which 20. The provisions of this Article 20 shall survive the Expiration Date or sooner termination of this LeaseDate.

Appears in 1 contract

Samples: Agreement (General Media Inc)

End of Term. Upon 12.01 Tenant shall surrender the Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property pursuant to Article 3 hereofproperty. Tenant agrees it shall not be required to restore indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivesPremises, for itself and for any person claiming through or under Tenantincluding, without limitation, any rights which Tenant or claims made by any succeeding tenant founded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21delay. In addition, the The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measureof accurate measurement. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four one (241) hours day after the Expiration Date date of the expiration or sooner termination of the TermTerm of this Lease, in addition to any other rights or remedy then Tenant will pay Landlord may have hereunder or at law, Tenant shall pay to Landlord as liquidated damages for each month and for each portion of any the first and second month during which Tenant holds over in the Premises after expiration or termination of the Expiration Date or sooner termination Term of this Lease, a sum equal to one and one-half (1 ½) times the greater average Rent which was payable per month under this Lease during the last six months of (i) the Term thereof and for the third and subsequent months during which Tenant holds over in the Premises after expiration or termination of the Term of this Lease, a sum equal to two (2) times the aggregate of that portion of the Rent and all additional rent which was payable per month under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenantthereof. Tenant shall reimburse Landlord for the reasonable expenses also pay all Additional Rent as incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice thereforthe normal course of operations under the Lease. The provisions of this Article 21 aforesaid obligations shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. At any time during the Term of this Lease, Landlord may exhibit the Premises to prospective purchasers or mortgagees of Landlord’s interest therein upon reasonable advance notice to Tenant (which may be given in person or by telephone). During the last year of the term of this Lease, Landlord may exhibit the Premises to prospective tenants upon reasonable advance notice to Tenant (which may be given in person or by telephone).

Appears in 1 contract

Samples: Lease (Delcath Systems Inc)

End of Term. Upon On the expiration or other termination date upon which the Demised Term shall expire and come to an end, whether pursuant to any of the Termprovisions of this Lease or by operation of law, Tenant and whether on or prior to the Expiration Date, Tenant, at Tenant's sole cost and expense, (i) shall quit and surrender the Demised Premises to Landlord the PremisesOwner, broom cleanclean and with respect to any portions of the Demised Premises which are not going to be demolished by Owner in connection with a subsequent letting (including, without limitation, any portions of the Building services located within the Demised Premises) in good order and condition, ordinary wear and tear excepted and damage damages by fire, the elements or other casualty for which Tenant is not responsible for under the terms provisions of this Lease excepted, and Tenant may (ii) shall remove all of its Tenant's Personal Property that Tenant elects to remove and all other property pursuant and effects of Tenant and all persons claiming through or under Tenant from the Demised Premises and the Building, and (iii) shall repair all damage to Article 3 hereofa the Demised Premises occasioned by such removal. Tenant Owner shall not be required have the right to restore retain any property and effects which shall remain in the Demised Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive after the expiration or sooner termination of the Demised Term. If , and any net proceeds from the last day sale thereof, without waiving Owner's rights with respect to any default by Tenant under the foregoing provisions of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately precedingSection. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect force, in connection with any holdover summary proceedings which Landlord Owner may institute to enforce the foregoing provisions of this Article 21Article. In addition, Tenant's obligations under this Section shall survive the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date expiration or sooner termination of the Demised Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease.

Appears in 1 contract

Samples: Sub Sublease (Eyetech Pharmaceuticals Inc)

End of Term. Upon 12.01 Tenant shall surrender the Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property pursuant to Article 3 hereofproperty. Tenant agrees it shall not be required to restore indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivesPremises, for itself and for any person claiming through or under Tenantincluding, without limitation, any rights which Tenant or claims made by any succeeding tenant founded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21delay. In addition, the The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measureof accurate measurement. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four one (241) hours day after the Expiration Date date of the expiration or sooner termination of the TermTerm of this Lease, in addition to any other rights or remedy then Tenant will pay Landlord may have hereunder or at law, Tenant shall pay to Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after expiration or termination of the Expiration Date or sooner termination Term of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the average Rent and all additional rent Additional Rent which was payable per month under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination six months of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice thereforthereof. The provisions of this Article 21 aforesaid obligations shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. At any time during the Term of this Lease, Landlord may exhibit the Premises to prospective purchasers and/or superior lessors and mortgagees (as such terms are hereinafter defined). During the last year of the term of this Lease, Landlord may exhibit the Premises to prospective tenants.

Appears in 1 contract

Samples: Agreement of Lease (Tiziana Life Sciences PLC)

End of Term. Upon Tenant shall surrender the Demised Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, term of this Lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property pursuant there from. Tenant agrees that any personal property remaining in the Demised Premises following the expiration of the term of this Lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to Article 3 hereofand to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property, Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay of more than sixty (60) days by Tenant in so surrendering the Demised Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the Demised Premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the Demised Premises is not be required surrendered to restore Landlord within one (1) day after the expiration or sooner termination of the term of this Lease, then Tenant will pay Landlord the following liquidated damages: (i) for each of the first three months or portion of any of such first three months during which Tenant holds over in the Demised Premises except with respect after the expiration or termination of the term of this Lease, a sum equal to one and one-half (1.5) times the average fixed annual rent and additional rent which were payable per month under this Lease during the last six (6) months of the term thereof; and (ii) for any Alterations that Landlord has designated as “Specialty Alterations” month or portion of a month after such first three months during which Tenant holds over in accordance with Article 3the Demised Premises after expiration or termination of the term of this Lease, a sum equal to two (2) times the average fixed annual rent and additional rent which were payable per month under this Lease during the last six (6) months of the term thereof. Tenant’s obligation to observe or perform this covenant The aforesaid obligations shall survive the expiration or sooner termination of the Termterm of this Lease. If Anything in this Lease to the last day contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence shall be deemed to be an agreement expressly “providing otherwise” within the meaning of Section 232-c of the Term or Real Property Law of the State of New York and any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately precedingsuccessor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such person Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which the Landlord may institute to enforce institute. Tenant’s obligations under this paragraph shall survive the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date expiration or sooner termination of the Term, in addition to term of this Lease. At any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month time during which Tenant holds over in the Premises after the Expiration Date or sooner termination term of this Lease, a sum equal Landlord may exhibit the Demised Premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the greater of (i) two (2) times the aggregate of that portion last year of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination term of this Lease, Landlord may exhibit the Demised Premises to prospective tenants. In all such showings, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s business operations in the Demised Premises (it being understood and agreed, however, that such showings may take place on Business Days during Business Hours).

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Shutterstock, Inc.)

End of Term. Upon 12.01 Tenant shall surrender the Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property pursuant to Article 3 hereofproperty. Tenant agrees it shall not be required to restore indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivesPremises, for itself and for any person claiming through or under Tenantincluding, without limitation, any rights which Tenant or claims made by any succeeding tenant founded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21delay. In addition, the The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measureof accurate measurement. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four one (241) hours day after the Expiration Date date of the expiration or sooner termination of the TermTerm of this Lease, in addition to any other rights or remedy then Tenant will pay Landlord may have hereunder or at law, Tenant shall pay to Landlord as liquidated damages for each month and for each portion of any the first month during which Tenant holds over in the Premises after expiration or termination of the Expiration Date or sooner termination Term of this Lease, a sum equal to one and one-half (1 1/2) times the greater average Rent which was payable per month under this Lease during the last six months of (i) the Term thereof and for the second and subsequent months during which Tenant holds over in the Premises after expiration or termination of the Term of this Lease, a sum equal to two (2) times the aggregate of that portion of the Rent and all additional rent which was payable per month under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenantthereof. Tenant shall reimburse Landlord for the reasonable expenses also pay all Additional Rent as incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice thereforthe normal course of operations under the Lease. The provisions of this Article 21 aforesaid obligations shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. At any time during the Term of this Lease, Landlord may exhibit the Premises to prospective purchasers or mortgagees of Landlord’s interest therein. During the last year of the term of this Lease, Landlord may exhibit the Premises to prospective tenants.

Appears in 1 contract

Samples: Agreement of Lease (Nymagic Inc)

End of Term. 21.1 Upon the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Demised Premises, broom clean, in as good order order, condition and conditionrepair as it now is or may hereafter be placed, ordinary wear excepted. Tenant shall remove all property of Tenant, as directed by Landlord. Any property left on the Demised Premises at the expiration or other termination of this Lease, or after the happening of any of the events of default set forth in Article 18, may, at the option of Landlord, either be deemed abandoned or be placed in storage at a public warehouse in the name of and tear for the account of and at the expense and risk of Tenant or otherwise disposed of by Landlord in the manner provided by law. Tenant expressly releases Landlord of and from any and all claims and liability for damage for which to or destruction or loss of property left by Tenant is not responsible for under upon the terms Demised Premises at the expiration or other termination of this Lease exceptedand Tenant hereby indemnifies landlord from and against any and all claims and liability with respect thereto. If Tenant holds over after the Term with the consent of Landlord, express or implied, such tenancy shall be from month to month only and shall not be a renewal hereof, and Tenant may remove shall pay the rent and all the other charges at the same rate as herein provided and also comply with all of its property pursuant the terms, covenants, conditions, provisions and agreements of this Lease for the time during which Tenants holds over. If Tenant holds over after the Term without the consent of Landlord and shall fail to Article 3 hereof. Tenant shall not be required to restore vacate the Demised Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive after the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through cause or under after Tenant's right to occupy same ceases, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunderthereafter, and will be impossible notwithstanding anything to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, contrary contained elsewhere in addition to any other rights or remedy Landlord may have hereunder or at lawthis Lease, Tenant shall pay be liable to Landlord for each month the use and for each portion occupancy of any month during which Tenant holds over the Demised Premises in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal an amount agreed to the greater of (i) be two (2) times the aggregate monthly installment of that portion of the Rent Base Annual Rent, and all additional rent which was payable under the other charges as provided in this Lease during for the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Demised Premises are not surrendered upon at the expiration or earlier termination of this Lease with respect to all or any portion end of the PremisesTerm, Tenant shall be additionally responsible to Landlord for all damage (including, but not limited to, the loss of rent) which Landlord shall suffer by reason thereof, and Tenant hereby indemnifies Landlord from and against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any all claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain against Landlord, resulting from delay by Landlord in delivering possession of the Demised Premises after the Expiration Date to such succeeding tenant. Tenant's obligation to observe or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination perform all of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the terms, covenants, conditions, provisions and agreements of this Article 21, which provisions shall survive the Expiration Date expiration or sooner other termination of this Lease.

Appears in 1 contract

Samples: Office Lease (PDF Solutions Inc)

End of Term. Upon On the expiration or other termination date upon which the Demised Term shall expire and come to an end, whether pursuant to any of the Termprovisions of this Lease or by operation of law, Tenant and whether or prior to the Expiration Date, Tenant, at Tenant's sole cost and expense, (i) shall quit and surrender the Demised Premises to Landlord the PremisesOwner, broom clean, clean and in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible for under the terms of this Lease excepted, and Tenant may (ii) shall remove all of its Tenant's Personal Property and all other property pursuant and effects of Tenant and all persons claiming through or under Tenant (including, but not limited to, all telecommunications facilities) from the Demised Premises and the Building, and (iii) shall repair all damage to Article 3 hereofthe Demised Premises and the Building occasioned by such removal. Owner shall have the right to retain any property and effects which shall remain in the Demised Premises after fifteen (15) days following the giving of a notice by Owner to Tenant shall not requesting such property be required to restore the Premises except with respect to removed, which notice may be given at any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive time after the expiration or sooner termination of the Demised Term. If , and any net proceeds from the last day sale thereof, without waiving Owner's rights with respect to any default by Tenant under the foregoing provisions of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately precedingSection. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New 44 York Civil Practice Law and Rules and of any successor law of like import then in force and effect force, in connection with any holdover summary proceedings which Landlord Owner may institute to enforce the foregoing provisions of this Article 21Article. In additionIf said date upon which the Demised Term shall expire and come to an end shall fall on a Sunday or holiday, then Tenant's obligations under the parties recognize and agree that first sentence of this Section shall be performed on or prior to the damage to Landlord resulting from any failure by Tenant to timely surrender possession of Saturday or business day immediately preceding such Sunday or holiday. Tenant's obligations under this Section shall survive the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date expiration or sooner termination of the Demised Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease.

Appears in 1 contract

Samples: Additional Space Agreement (N2k Inc)

End of Term. Upon Tenant shall surrender the premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property. Tenant agrees that any personal property pursuant remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to Article 3 hereofand to be the property of Landlord who shall be free to dispose of such property, at Tenant's cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord's disposing of such property, Tenant shall reimburse Landlord or pay to Landlord any cost which Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the premises is not be required surrendered to restore Landlord within one (1) day after the Premises except with respect expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3three times the average rent and additional rent which was payable per month under this lease during the last six months of the term thereof. Tenant’s obligation to observe or perform this covenant The aforesaid obligations shall survive the expiration or sooner termination of the Termterm of this lease. If Anything in this lease to the last day contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence shall be deemed to be an agreement expressly "providing otherwise" within the meaning of Section 232-c of the Term or Real Property Law of the State of New York and any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately precedingsuccessor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such person Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which the Landlord may institute to enforce institute. Tenant's obligations under this paragraph shall survive the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date expiration or sooner termination of the Termterm of this lease. At any time during the term of this lease, in addition to any other rights or remedy Landlord may have hereunder exhibit the premises to prospective purchasers or at law, Tenant shall pay to Landlord for each month and for each portion mortgagees of any month during which Tenant holds over in Landlord's interest therein. During the Premises after last year of the Expiration Date or sooner termination term of this Leaselease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in exhibit the Premises after the expiration or earlier termination of the Term premises to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Leasetenants.

Appears in 1 contract

Samples: Arotech Corp

End of Term. Upon Lessee shall surrender the premises to Lessor at the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease with premises in as good order and conditioncondition as they were delivered to Lessee at the commencement of this Lease, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms by fire or other casualty in accordance with paragraph II of this Lease exceptedLease. Any defects in the premises discovered by Lessee within thirty (30) days of the Commencement Date shall be listed on an exhibit by Lessee, acknowledged by Lessor and Tenant may attached hereto. Lessee shall also (except as otherwise provided herein) remove all of its personal property pursuant to Article 3 hereof. Tenant shall not be required to from the premises at the expiration of the term of this Lease and restore the Premises premises to their original condition, except with respect for Lessor approved improvements, reasonable wear and tear and damage by fire and other casualty. Lessee acknowledges that possession of the premises must be surrendered to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive Lessor at the expiration or sooner termination of the Termterm of this Lease. If Lessee agrees it shall indemnify and save Lessor harmless against all cost, claims, loss or liability resulting from delay by Lessee in so surrendering the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivespremises, for itself and for any person claiming through or under Tenantincluding without limitation, any rights which Tenant or claims made by any succeeding Lessee founded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21delay. In addition, the The parties recognize and agree that the damage to Landlord Lessor resulting from any failure by Tenant Lessee to timely surrender possession of the Premises premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore rent therefore payable hereunder, and accurate measurement will be impossible to accurately measureimpossible. Tenant Lessee therefore agrees that if possession of the Premises premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after Lessor on the Expiration Date date of the expiration or sooner termination of the Termthis Lease, in addition then Lessee agrees to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord Lessor as liquidated damages for each month month, and for each portion of any month pro-rated on a daily basis, during which Tenant Lessee holds over in the Premises premises after the Expiration Date expiration or sooner termination of the term of this Lease, a as sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent average rent and all additional rent which was payable per month under this Lease during the last month six months of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease.term thereof

Appears in 1 contract

Samples: Summary of Agreement (Sancilio Pharmaceuticals Company, Inc.)

End of Term. Upon Section 29.01 Tenant shall surrender the Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedin the same condition the Premises were in on the date hereof, and except for (i) Tenant may remove all of its property pursuant Improvements not required by Landlord to Article 3 hereof. be removed by Tenant, provided, however, Tenant shall not be required to restore remove any Tenant Improvements unless such Tenant Improvements are special or unique to Tenant’s use of the Premises except with respect (“Tenant Specialty Items”); (ii) reasonable wear and tear, and (iii) damage by casualty. Tenant shall surrender all keys for the Premises to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive at the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21Lease. In addition, Tenant shall, if requested by Landlord, remove specifically designated computer, telephone and data cabling servicing the parties recognize and agree that the damage to Landlord resulting from any failure by Premises. If Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours shall hold over after the Expiration Date or sooner other termination of this Lease, such holding over shall not be deemed to be a renewal of this Lease but shall be deemed to create a month to month tenancy only and by such holding over Tenant shall continue to be bound by all of the Termterms and conditions of this Lease, in addition except that during such month to any other rights or remedy Landlord may have hereunder or at law, month tenancy Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (iA) two one hundred twenty-five percent (2125%) times the aggregate of that portion of the Base Rent and all additional rent which was payable under this Lease during the last month of the Term, or Term for the first month of holdover and one hundred fifty percent (ii150%) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in Base Rent payable during the Premises after the expiration or earlier termination last month of the Term for the second (2nd) month of the holdover and each subsequent month of holdover; and (B) any and all Operating Expenses and other forms of Additional Rent payable under this Lease. Such month-to-month tenancy may be terminated by Landlord or Tenant effective as of the last day of any calendar month by delivery to have been abandoned. In that event, Landlord may, at its option either the other of notice of such termination prior to the first day of such calendar month (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect have no right to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises hold over after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Leaseis so terminated).

Appears in 1 contract

Samples: Lease (Microphase Corp)

End of Term. ABANDONED PROPERTY Upon the expiration or other termination of the TermTerm of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises, broom clean, in good order Demised Premises and condition, ordinary wear all alterations and tear and damage for additions thereto which Tenant is not responsible for entitled or required to remove under the terms provisions of this Lease exceptedLease, broom clean in good order, repair and condition excepting only reasonable use and wear and damage by fire or other casualty for which, under other provisions of this Lease, Tenant may remove all has no responsibility of its property pursuant to Article 3 hereof. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3repair or restoration. Tenant’s 's obligation to observe or perform this covenant shall survive the expiration or sooner other termination of the TermTerm of this Lease. If the last day of the Term of this Lease or any renewal thereof falls on Saturday or Sunday a day other than a Business Day, this Lease shall expire on the business day Business Day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights Any personal property in which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings has an interest which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Building or on the Demised Premises after the expiration or earlier termination of the Term of this Lease shall be conclusively deemed to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and may be disposed of in any such manner as Landlord shall determinemay see fit; provided, all at Tenant’s expensehowever, or notwithstanding the foregoing, that Tenant will, upon request of Landlord made not later than thirty (y30) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be deemed to be other than on account sold, that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the amount sale, the cost of moving and storage, any arrears of Rent payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 19 hereof or pursuant to law, with the balance if any, to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Leaseto Tenant.

Appears in 1 contract

Samples: Investment Technology Group Inc

End of Term. Upon 12.01 Tenant shall surrender the Premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this Lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty (if applicable), and Tenant may shall remove all of its property pursuant to Article 3 hereofproperty. Tenant Txxxxx agrees it shall not be required to restore indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Txxxxx in so surrendering the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waivesPremises, for itself and for any person claiming through or under Tenantincluding, without limitation, any rights which Tenant or claims made by any succeeding tenant founded on such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21delay. In addition, the The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measureof accurate measurement. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four one (241) hours day after the Expiration Date date of the expiration or sooner termination of the TermTerm of this Lease, in addition to any other rights or remedy then Tenant will pay Landlord may have hereunder or at law, Tenant shall pay to Landlord as liquidated damages for each month and for each portion of any month during which Tenant Txxxxx holds over in the Premises after expiration or termination of the Expiration Date or sooner termination Term of this Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the average Rent and all additional rent Additional Rent which was payable per month under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination six months of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice thereforthereof. The provisions of this Article 21 aforesaid obligations shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. At any time during the Term of this Lease, Landlord may exhibit the Premises to prospective purchasers or mortgagees of Landlord’s interest therein. During the last year of the term of this Lease, Landlord may exhibit the Premises to prospective tenants.

Appears in 1 contract

Samples: Agreement of Lease (Singing Machine Co Inc)

End of Term. Upon Tenant shall surrender the premises to Landlord at the expiration or other sooner termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, this lease in good order and condition, ordinary except for reasonable wear and tear and damage for which Tenant is not responsible for under the terms of this Lease exceptedby fire or other casualty, and Tenant may shall remove all of its property pursuant to Article 3 hereofproperty. Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant's cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord's disposing of such property, Tenant shall reimburse Landlord or pay to Landlord any cost which Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant hall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the premises is not be required surrendered to restore Landlord within one (1) day after the Premises except with respect expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3three times the average rent and additional rent which was payable per month under this lease during the last six months of the term thereof. Tenant’s obligation to observe or perform this covenant The aforesaid obligations shall survive the expiration or sooner termination of the Termterm of this lease. If Anything in this lease to the last day contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence shall be deemed to be an agreement expressly "providing otherwise" within the meaning of Section 232-c of the Term or Real Property Law of the State of New York and any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. successor law of like import Tenant expressly waives, for itself and for any person or entity claiming through or under the Tenant, any rights which the Tenant or any such person or entity may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which the Landlord may institute to enforce institute. Tenant's obligations under this paragraph shall survive the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date expiration or sooner termination of the Termterm of this lease. At any time during the term of this lease, in addition to any other rights or remedy Landlord may have hereunder exhibit the premises to prospective purchasers or at law, Tenant shall pay to Landlord for each month and for each portion mortgagees of any month during which Tenant holds over in Landlord's interest therein. During the Premises after last year of the Expiration Date or sooner termination term of this Leaselease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in exhibit the Premises after the expiration or earlier termination of the Term premises to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease with respect to all or any portion of the Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the same, including any claims made by any succeeding tenant or prospective tenant founded upon such delay. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Leasetenants.

Appears in 1 contract

Samples: Agreement of Lease (Everlast Worldwide Inc)

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