Common use of Surrender at End of Term Clause in Contracts

Surrender at End of Term. 2.17.1 Subject to the mortgagee protection provisions set forth in Section 2.18 and subject to the rights of Xxxxxxxxx’s, Company covenants that at the termination of this Agreement, howsoever caused, it will quit and surrender the Company’s right, title and interest in the Premises in good repair and condition, excepting reasonable wear and tear, acts of God, the public enemy or the action of the elements. 2.17.2 All Facilities located on the Premises at the expiration or sooner termination of the term of this Agreement, howsoever caused, shall, without payment or compensation of any kind to Company, then become Lessor’s property, in fee simple, free and clear of all claims, liens and encumbrances to or against them by Company, any Leasehold Mortgagee, any Sublessee or Tenant, or any other third party claiming by or through Company. Subject to the mortgagee protection provisions set forth in Section 2.18 and subject to the rights of Sublessee’s, upon termination of this Agreement howsoever caused, Company shall have the right to remove from the Premises, within sixty (60) days following the Termination Date, all equipment, trade fixtures and personal property belonging to Company or Sublessee’s, provided Company or its Sublessees repair any damage caused by such removal. For purposes of this Subsection 2.17.2, the words "equipment, trade fixtures and personal property" will include, but not be limited to, (i) signs (electrical or otherwise), (ii) all equipment used in connection with the conduct of Company’s or its Sublessees business whether or not such equipment is attached to the Premises or the Facilities, (iii) any other mechanical device, and (iv) all other miscellaneous equipment, furnishings and fixtures installed on or placed on or about the Premises and used in connection with Company's or its Sublessees business thereon; provided, however, that such words shall not include elevators, escalators, plumbing systems, electrical systems, life safety systems, boilers, heating, ventilating and air conditioning systems, floor and wall coverings, ceiling lights, built-in shelving and cabinets, doors, windows, outside walls and fencing, and landscaping. All equipment, trade fixtures and personal property that is not removed within sixty (60) days following the Termination Date, shall become the property of Lessor. 2.17.3 Without limiting the provisions of this Section 2.17, Company agrees that upon the expiration or sooner termination of this Agreement, howsoever caused, it will execute, acknowledge and deliver to Lessor within thirty (30) days after demand from Lessor, all such documents and instruments as shall be reasonably necessary to evidence and confirm the transfer of ownership of the Facilities from Company to Lessor, “as-is” in their existing condition without any further consideration required from Lessor.