Common use of Surrender; Holdover Clause in Contracts

Surrender; Holdover. (a) Lessee shall quit and surrender peaceably and quietly, to Lessor, its agent or attorney, possession of the Premises at the expiration or other termination of this Lease, vacant (free of all occupants), broom clean and in good condition, except for ordinary wear and tear and free of violations, and shall surrender all keys for the Premises to Lessor at the place then fixed for the payment of Rent and shall provide Lessor all combinations for locks, safes and vaults, passwords and codes for computers or computer-operated equipment if any, in the Premises. Lessee’s failure to so vacate shall subject Lessee to liability and Lessee agrees to pay Lessor’s damages, costs and counsel fees resulting therefrom. If upon termination of this Lease or abandonment of the Premises by Lessee, Lessee abandons or leaves any personal property or equipment at the Premises, such equipment or property shall be conclusively deemed abandoned and Lessor shall have the right, without notice to Lessee, to store or otherwise dispose of the property or equipment at Lessee’s sole cost, expense and risk, without being liable in any respect to Lessee. Lessee agrees that any such disposition by Lessor shall be conclusively deemed to be commercially reasonable. (b) If Lessee holds over or remains in possession of the Premises after the expiration of the Term of this Lease, or after any prior termination thereof, without any written agreement being made or entered into between Lessor and Lessee, such holding over or continued possession shall be deemed to be a tenancy from month to month at a monthly rental equal to one hundred fifty percent (150%) of the then last monthly installments of Fixed Annual Rent and additional rent payable during the Term for the first thirty (30) days of such holdover period and thereafter, the greater of two (2) times (x) the then last monthly installments of Fixed Annual Rent and additional rent payable during the Term, and (y) fair market Rent, and otherwise shall be upon the terms and conditions of this Lease, and such tenancy shall be terminable at the end of any month by either party upon written notice delivered to the other party at least thirty (30) days prior to the end of such month. (c) No act or thing done by Lessor or any agent or employee of Lessor during the Term of this Lease shall be deemed to constitute an acceptance by Lessor or a surrender of the Premises unless such acceptance of surrender is specifically acknowledged by Lessor in a writing signed by Lessor. The delivery of keys to the Premises or any agent or employee of Lessor shall not constitute a surrender of the Premises or effect a termination of this Lease, whether or not the keys are retained by Lessor and, notwithstanding such delivery, Lessee shall be entitled to the return of such keys at any reasonable time upon written request until this Lease shall have been terminated properly.

Surrender; Holdover. (a) Lessee shall quit and surrender peaceably and quietly, to Lessor, its agent or attorney, possession 24.01 On the last day of the Premises at the expiration term of this Lease, or other upon any earlier termination of this Lease, vacant (free of all occupants)or upon any re-entry by Landlord upon the Demised Premises, broom clean Tenant shall quit and surrender the Demised Premises to Landlord in good conditionorder, condition and repair, except for ordinary wear and tear and free of violationstogether with all Tenant's Changes which may have been made in, and shall surrender all keys on, or to the Demised Premises except for the Premises to Lessor furniture, trade fixtures or equipment put in at the place then fixed for sole expense of Tenant; provided, however, Tenant shall ascertain from Landlord at least sixty (60) days prior to the payment expiration or earlier termination of Rent this Lease, whether Landlord desires to have the Demised Premises or any part thereof restored to the original condition in which it was delivered as of the Commencement Date of this Lease, reasonable wear and tear excepted. Tenant, prior to the end of the Term, at its sole cost and expense, shall provide Lessor so restore the Demised Premises, remove therefrom all combinations for locksof its property, safes including, but not limited to, its furniture, fixtures and vaultsequipment, passwords together with Tenant's Changes as may be requested by Landlord and codes for computers fix and repair any and all damage or computer-operated defacement to the Building and/or Land caused by the installation and/or removal of Tenant's Changes, furniture, equipment if anyor trade fixtures or any other property. Any or all of Tenant's personal property or Tenant's Changes not so removed, in at Landlord's option, shall become the Premisesexclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice or demand. Lessee’s failure to so vacate If the Demised Premises be not surrendered as and when aforesaid, Tenant shall subject Lessee to liability and Lessee agrees to pay Lessor’s indemnify Landlord against any damages, costs and counsel fees loss or liability, resulting therefrom. If upon Tenant's obligation under this Article shall survive the expiration or earlier termination of this Lease or abandonment of the Premises by Lessee, Lessee abandons or leaves any personal property or equipment at the Premises, such equipment or property shall be conclusively deemed abandoned and Lessor shall have the right, without notice to Lessee, to store or otherwise dispose of the property or equipment at Lessee’s sole cost, expense and risk, without being liable in any respect to Lessee. Lessee agrees that any such disposition by Lessor shall be conclusively deemed to be commercially reasonableTerm. (ba) If Lessee holds In the event this Lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant shall then hold over or remains in possession after the expiration of the term of this Lease, and if Landlord shall then not proceed to remove Tenant from the Demised Premises in the manner permitted by law (or shall not have given written notice to Tenant that Tenant must vacate the Demised Premises) irrespective of whether or not Landlord accepts rent from Tenant for a period beyond the Expiration Date, the parties hereby agree that Tenant's occupancy of the Demised Premises after the expiration of the Term of this Lease, or after any prior termination thereof, without any written agreement being made or entered into between Lessor and Lessee, such holding over or continued possession term shall be deemed to under a month-to-month tenancy commencing on the first day after the expiration of the term, which tenancy shall be a tenancy from upon all of the terms set forth in this Lease except Tenant shall pay on the first day of each month to month at a monthly rental of the holdover period as fixed rent, an amount equal to one hundred fifty percent and one half (150%1 and "/z) times one-twelfth of the then last monthly installments of Fixed Annual Rent fixed rent and additional rent payable by Tenant during the Term last year of the term of this Lease (i.e., the year immediately prior to the holdover period). Further, Landlord shall not be required to perform any work, furnish any materials or make any repairs within the Demised Premises during the holdover period. It is further stipulated and agreed that if Landlord shall, at any time after the expiration of the original term or after the expiration of any term created thereafter, proceed to remove Tenant from the Demised Premises as a holdover, the fixed rent for the first use and occupancy of the Demised Premises during any holdover period shall be calculated in the same manner as set forth above. In addition to the foregoing, Landlord shall be entitled to recover from Tenant any losses or damages arising after such holdover continues for more than thirty (30) days of such holdover period and thereafter, days. (b) Notwithstanding anything to the greater of two (2) times (x) the then last monthly installments of Fixed Annual Rent and additional rent payable during the Term, and (y) fair market Rent, and otherwise shall be upon the terms and conditions of contrary contained in this Lease, and such tenancy shall be terminable at the end acceptance of any month rent paid by either party upon written notice delivered Tenant pursuant to the other party at least thirty (30subsection 24.02(a) days prior to the end of such monthabove shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding. (c) No act or thing done All damages to Landlord by Lessor or any agent or employee reason of Lessor during the Term of this Lease shall holding over by Tenant may be deemed to constitute an acceptance by Lessor or a surrender of the Premises unless such acceptance subject of surrender is specifically acknowledged a separate action and need not be asserted by Lessor Landlord in a writing signed by Lessor. The delivery of keys to the Premises or any agent or employee of Lessor shall not constitute a surrender of the Premises or effect a termination of this Lease, whether or not the keys are retained by Lessor and, notwithstanding such delivery, Lessee shall be entitled to the return of such keys at any reasonable time upon written request until this Lease shall have been terminated properlysummary proceedings against Tenant.

Surrender; Holdover. (a) Lessee shall quit and surrender peaceably and quietly, to Lessor, its agent or attorney, possession of the Premises at the expiration or other termination of this Lease, vacant (free of all occupants), broom clean and in good condition, except for ordinary wear and tear and free of violations, and shall surrender all keys for the Premises to Lessor at the place then fixed for the payment of Rent and shall provide Lessor all combinations for locks, safes and vaults, passwords and codes for computers or computer-operated equipment if any, in the Premises. Lessee’s failure to so vacate shall subject Lessee to liability and Lessee agrees to pay Lessor’s damages, costs and counsel fees resulting therefrom. If upon termination of this Lease or abandonment of the Premises by Lessee, Lessee abandons or leaves any personal property or equipment at the Premises, such equipment or property shall be conclusively deemed abandoned and Lessor shall have the right, without notice to Lessee, to store or otherwise dispose of the property or equipment at Lessee’s 's sole cost, expense and risk, without being liable in any respect to Lessee. Lessee agrees that any such disposition by Lessor shall be conclusively deemed to be commercially reasonable. (b) If Lessee holds over or remains in possession of the Premises after the expiration of the Term of this the Lease, or after any prior termination thereof, without any written agreement being made or entered into between Lessor and Lessee, such holding over or continued possession shall be deemed to be a tenancy from month to month at a monthly rental equal to one hundred fifty percent (150%) of the then last monthly installments of Fixed Annual Rent and additional rent payable during the Term for the first thirty (30) days of such holdover period and thereafter, the greater of two (2) times (x) the then last monthly installments of Fixed Annual Rent and additional rent payable during the Term, and (y) fair market Rent, and otherwise shall be upon the terms and conditions of this Lease, and such tenancy shall be terminable at the end of any month by either party upon written notice delivered to the other party at least thirty (30) days prior to the end of such month. (c) No act or thing done by Lessor or any agent or employee of Lessor during the Term of this Lease shall be deemed to constitute an acceptance by Lessor or a surrender of the Premises unless such acceptance of surrender is specifically acknowledged by Lessor in a writing signed by Lessor. The delivery of keys to the Premises or any agent or employee of Lessor shall not constitute a surrender of the Premises or effect a termination of this Lease, whether or not the keys are retained by Lessor and, notwithstanding such delivery, Lessee shall be entitled to the return of such keys at any reasonable time upon written request until this Lease shall have been terminated properly.

Surrender; Holdover. (a) Lessee Pursuant to the provisions of this Sublease, Kast is obligated to purchase the Property. In the event txxx Kast fails to purchase the Property prior to the expiration xx the Term or immediately upon the earlier termination of the Term (which failure would constitute a breach and default hereunder), Subtenant shall quit and surrender peaceably and quietly, to Lessor, its agent or attorney, possession of the Premises Property to Sublandlord and shall deliver the Property in as good a condition as it was at the commencement of the Term, or as subsequently improved by alterations and repairs, reasonable wear and tear excepted, and all mechanical, electrical and plumbing systems for which Subtenant is responsible shall be in good working order. Subtenant further agrees that the Property shall be free of any hazardous or toxic materials, substances or waste (as such term may be defined or used in any law, statute, ordinance, code, rule or regulation) deposited or introduced in, on, under, over, from or around the Property during the Term. Subtenant shall indemnify, defend and hold harmless Sublandlord and Sumitomo from and against any and all liabilities, claims, demands, losses, damages, costs, expenses (including attorneys' fees), judgments, proceedings and causes of action of any kind whatsoever in any way arising out of or connected with hazardous or toxic materials, substances or waste deposited or introduced in, on, under, over, from or around the Property during the Term. Subtenant's indemnification obligation set forth in this Paragraph 15 shall survive the expiration or other earlier termination of this Lease, vacant (free of all occupants), broom clean and in good condition, except for ordinary wear and tear and free of violations, and shall surrender all keys for the Premises to Lessor at the place then fixed for the payment of Rent and shall provide Lessor all combinations for locks, safes and vaults, passwords and codes for computers or computer-operated equipment if any, in the Premises. Lessee’s failure to so vacate shall subject Lessee to liability and Lessee agrees to pay Lessor’s damages, costs and counsel fees resulting therefrom. If upon termination of this Lease or abandonment of the Premises by Lessee, Lessee abandons or leaves any personal property or equipment at the Premises, such equipment or property shall be conclusively deemed abandoned and Lessor shall have the right, without notice to Lessee, to store or otherwise dispose of the property or equipment at Lessee’s sole cost, expense and risk, without being liable in any respect to Lessee. Lessee agrees that any such disposition by Lessor shall be conclusively deemed to be commercially reasonableTerm. (b) If Lessee holds over Pursuant to the provisions of this Sublease, Kast is obligated to purchase the Property. In the event txxx Kast fails to purchase the Property prior to the terminatiox xx the Term or remains in possession of immediately upon the Premises after the expiration earlier termination of the Term (which failure would constitute a breach and default hereunder) and if Subtenant or anyone claiming under Subtenant holds over in the Property after the end of this Leasethe Term without the express written consent of Sublandlord, or after any prior termination thereof, without any written agreement being made or entered into between Lessor and Lessee, such holding over or continued possession Subtenant shall be deemed to be a tenancy from month to month at a illegally retaining possession and shall pay Sublandlord monthly rental during the entire holdover period, as liquidated damages for loss of use of the Property, an amount equal to one hundred fifty percent (150%) 125% of the then last monthly installments of Fixed Annual Base Rent and additional rent payable during the Term for the first thirty (30) days of such holdover period and thereafter, the greater of two (2) times (x) the then last monthly installments of Fixed Annual Rent and additional rent payable during the Term, and (y) fair market Rent, and otherwise shall be upon the terms and conditions of this Lease, and such tenancy shall be terminable at the end of any month by either party upon written notice delivered to the other party at least thirty (30) days immediately prior to the end of such month. (c) No act or thing done the Term. In the event of any unauthorized holding over, Subtenant shall indemnify Sublandlord against all claims for damages by Lessor any person to whom Sublandlord may have leased all or any agent or employee of Lessor during the Term of this Lease shall be deemed to constitute an acceptance by Lessor or a surrender part of the Premises unless such acceptance of surrender is specifically acknowledged by Lessor in a writing signed by Lessor. The delivery of keys to Property effective after the Premises or any agent or employee of Lessor shall not constitute a surrender of the Premises or effect a termination of this Lease, whether or not the keys are retained Sublease. No such holding over and no acceptance by Lessor and, notwithstanding such delivery, Lessee Sublandlord of payments of liquidated damages as provided in this Paragraph 15 shall be entitled construed to extend this Sublease or to constitute Subtenant a Subtenant of the return Property on any basis whatsoever or constitute a waiver by Sublandlord of such keys at any reasonable time upon written request until Subtenant's obligation to purchase the Property in accordance with the terms of this Lease shall have been terminated properlySublease or the Master Lease.