Common use of Surrender; Holdover Clause in Contracts

Surrender; Holdover. On expiration or early termination of this Lease (“surrender”), Tenant shall deliver all keys to Landlord and surrender the Property free of debris and the interior hallways and rooms of the Building vacuumed and/or swept. With respect to any damage to the Property that is the repair responsibility of Tenant under this Lease and that occurs during the last three months prior to expiration or early termination of this Lease or results from removal of any Tenant Alterations, Tenant’s repair responsibility shall, notwithstanding any other provision of this Lease, be limited to patching such damage (i.e., patching holes and cracks) and Tenant shall not be required to do any finish work as part of such repairs. Upon surrender ,Tenant shall not be required to return the Property to “good condition,” and shall not be required to mend any carpet tears or replace any carpet, provided that Tenant shall replace any broken glass. Tenant may, in its sole discretion but subject to any right of Landlord under this lease to demand removal of property by Tenant, remove or leave any personal property located on the Property as of the date of expiration or early termination of the Lease, provided that Tenant shall remove any unattached personal property that is not normally used in the hotel industry unless the Parties mutually agree in writing to leave the same at the Property; Tenant shall have fifteen (15) days after expiration or early termination of this Lease within which to complete any removal of property authorized or required under this Lease. The Parties acknowledge that in lieu of any obligation on Tenant’s part to surrender the Property in good condition less wear and tear (including in lieu of any obligation on Tenant’s part to do any finish work during or after the last three months prior to expiration or early termination of this Lease), and in lieu of any obligation on Tenant’s part to surrender all or any part of the Property “furnished” for hotel use or otherwise, and in lieu of any obligation on Tenant’s part to restore all or any part of the Property to any pre-Lease, Commencement Date, or other condition or to reconfigure the Property back to any pre-Lease, Commencement Date, or other reconfiguration, Tenant shall, on expiration or early termination of this Lease, pay to Landlord a restoration fee in the amount of $156,000.00 (“Restoration Fee”) to be applied: (a) towards any finish work needed to return the Property to good condition, (b) towards the re-furnishing of the Property, (c) towards the removal of any property left by Tenant in accordance with this Lease, or (d) in any other manner determined by Landlord in its sole discretion; provided that, if Tenant exercises Tenant’s Termination Right, the Restoration Fee shall be reduced to $100,000. If Tenant fails to vacate the Property when and in the manner required Landlord may elect either: (i) to treat Tenant as a tenant from month-to-month, subject to the provisions of this Lease, provided that Base Rent for the month-to-month tenancy shall be the Base Rent for the month prior to commencement of the month-to-month tenancy increased by five percent (5%), and provided that any option or other rights regarding extension of the Term shall no longer apply; or (ii) to eject Tenant from the Property (using self-help or otherwise) and recover damages caused by wrongful holdover. The terms of this Section shall survive any expiration or early termination of this Lease.

Surrender; Holdover. On expiration Subtenant shall, on or early termination of this Lease (“surrender”)before the Sublease Termination Date, Tenant shall deliver all keys to Landlord promptly quit and surrender the Property Sublet Premises free of debris all furniture, fixtures and equipment and other personal property and in the interior hallways same condition the Sublet Premises were in on the Sublease Commencement Date and rooms of in conformity with the Building vacuumed and/or swept. With respect to any damage to the Property that is the repair responsibility of Tenant under this Lease and that occurs during the last three months prior to expiration or early termination applicable provisions of this Lease or results from removal of any Tenant Alterations, Tenant’s repair responsibility shall, notwithstanding any other provision of this Lease, be limited to patching such damage (i.e., patching holes Sublease and cracks) and Tenant shall not be required to do any finish work as part of such repairs. Upon surrender ,Tenant shall not be required to return the Property to “good condition,” and shall not be required to mend any carpet tears or replace any carpet, provided that Tenant shall replace any broken glass. Tenant may, in its sole discretion but subject to any right of Landlord under this lease to demand removal of property by Tenant, remove or leave any personal property located on the Property as of the date of expiration or early termination of the Lease, provided that Tenant shall remove excepting only reasonable wear and tear and/or damage by fire or other casualty and any unattached personal property other matter that is not normally used in the hotel industry unless responsibility of Subtenant under this Sublease, timely surrender of the Parties mutually agree in writing Sublet Premises being of the essence hereof. Subtenant understands and acknowledges Sublandlord’s stated need to leave regain possession of the same at Sublet Premises by the Property; Tenant Sublease Termination Date and therefore Subtenant understands that it shall have fifteen (15) days after expiration or early termination of this Lease within which no right to complete any removal of property authorized or required under this Lease. The Parties acknowledge that holdover in lieu of any obligation on Tenant’s part to surrender the Property in good condition less wear and tear (including in lieu of any obligation on Tenant’s part to do any finish work during or after the last three months prior to expiration or early termination of this Lease), and in lieu of any obligation on Tenant’s part to surrender all or any part of the Property “furnished” Sublet Premises. If Subtenant shall fail to deliver possession of the Sublet Premises as herein provided, such occupancy shall not be construed to effect or constitute other than a daily tenancy at sufferance. Subtenant shall pay to Sublandlord for hotel use or otherwiseand occupancy of the Sublet Premises after the Sublease Termination Date the amount equal to two hundred percent (200%) of the Annual Rent and regularly occurring additional rent payable during the Sublease term at the rates in effect under the Sublease as of the Sublease Termination Date, and in lieu which shall be calculated on a per diem basis, on account of any obligation on Tenant’s part to restore and all or any part days of holdover occupancy. The amount of the Property charge for use and occupancy is acknowledged to be the appropriate level of compensation to Sublandlord as reimbursement for inconvenience to its business and anticipated expenses arising from Subtenant’s failure to vacate and surrender the Sublet Premises in a timely manner, and shall not be deemed a penalty. The acceptance of payment on account of use and occupancy by Sublandlord or the failure or delay of Sublandlord in notifying or evicting Subtenant following the Sublease Termination Date shall not create any pretenancy rights in Subtenant and any such payments by Subtenant may be applied by Sublandlord against its costs and expenses, including reasonable attorney’s fees incurred by Sublandlord as a result of such holdover. In addition, Subtenant shall save Sublandlord, harmless and will exonerate, defend and indemnify Sublandlord from and against any and all actual damages which Sublandlord may suffer on account of Subtenant’s hold-Lease, Commencement Date, or other condition or to reconfigure the Property back to any pre-Lease, Commencement Date, or other reconfiguration, Tenant shall, on expiration or early termination of this Lease, pay to Landlord a restoration fee over in the amount of $156,000.00 (“Restoration Fee”) to be applied: (a) towards any finish work needed to return the Property to good condition, (b) towards the re-furnishing of the Property, (c) towards the removal of any property left by Tenant in accordance with this Lease, or (d) in any other manner determined by Landlord in its sole discretion; provided that, if Tenant exercises Tenant’s Termination Right, the Restoration Fee shall be reduced to $100,000. If Tenant fails to vacate the Property when and in the manner required Landlord may elect either: (i) to treat Tenant as a tenant from month-to-month, subject to the provisions of this Lease, provided that Base Rent for the month-to-month tenancy shall be the Base Rent for the month prior to commencement of the month-to-month tenancy increased by five percent (5%), and provided that any option or other rights regarding extension of the Term shall no longer apply; or (ii) to eject Tenant from the Property (using self-help or otherwise) and recover damages caused by wrongful holdover. The terms of this Section shall survive any expiration or early termination of this LeaseSublet Premises.

Surrender; Holdover. On expiration or early termination of this Lease (“surrender”), Tenant shall deliver all keys to Landlord and surrender the Property free of debris and the interior hallways and rooms of the Building vacuumed and/or swept. With respect to any damage to the Property that is the repair responsibility of Tenant under this Lease and that occurs during the last three months prior to expiration or early termination of this Lease or results from removal of any Tenant Alterations, Tenant’s repair responsibility shall, notwithstanding any other provision of this Lease, be limited to patching such damage (i.e., patching holes and cracks) and Tenant shall not be required to do any finish work as part of such repairs. Upon surrender ,Tenant shall not be required to return the Property to “good condition,” and shall not be required to mend any carpet tears or replace any carpet, provided that Tenant shall replace any broken glass. Tenant may, in its sole discretion but subject to any right of Landlord under this lease to demand removal of property by TenantXxxxxx, remove or leave any personal property located on the Property as of the date of expiration or early termination of the Lease, provided that Tenant shall remove any unattached personal property that is not normally used in the hotel industry unless the Parties mutually agree in writing to leave the same at the Property; Tenant shall have fifteen (15) days after expiration or early termination of this Lease within which to complete any removal of property authorized or required under this Lease. The Parties acknowledge that in lieu of any obligation on Tenant’s part to surrender the Property in good condition less wear and tear (including in lieu of any obligation on Tenant’s part to do any finish work during or after the last three months prior to expiration or early termination of this Lease), and in lieu of any obligation on Tenant’s part to surrender all or any part of the Property “furnished” for hotel use or otherwise, and in lieu of any obligation on Tenant’s part to restore all or any part of the Property to any pre-Lease, Commencement Date, or other condition or to reconfigure the Property back to any pre-Lease, Commencement Date, or other reconfiguration, Tenant shall, on expiration or early termination of this Lease, pay to Landlord a restoration fee in the amount of $156,000.00 (“Restoration Fee”) to be applied: (a) towards any finish work needed to return the Property to good condition, (b) towards the re-furnishing of the Property, (c) towards the removal of any property left by Tenant in accordance with this Lease, or (d) in any other manner determined by Landlord in its sole discretion; provided that, if Tenant exercises Tenant’s Termination Right, the Restoration Fee shall be reduced to $100,000. If Tenant fails to vacate the Property when and in the manner required Landlord may elect either: (i) to treat Tenant as a tenant from month-to-month, subject to the provisions of this Lease, provided that Base Rent for the month-to-month tenancy shall be the Base Rent for the month prior to commencement of the month-to-month tenancy increased by five percent (5%), and provided that any option or other rights regarding extension of the Term shall no longer apply; or (ii) to eject Tenant from the Property (using self-help or otherwise) and recover damages caused by wrongful holdover. The terms of this Section shall survive any expiration or early termination of this Lease.

Surrender; Holdover. 24.01 On expiration or early termination of this Lease (“surrender”), Tenant shall deliver all keys to Landlord and surrender the Property free of debris and the interior hallways and rooms last day of the Building vacuumed and/or swept. With respect to any damage to the Property that is the repair responsibility of Tenant under this Lease and that occurs during the last three months prior to expiration or early termination of this Lease or results from removal of any Tenant Alterations, Tenant’s repair responsibility shall, notwithstanding any other provision term of this Lease, be limited to patching such damage (i.e., patching holes and cracks) and Tenant shall not be required to do or upon any finish work as part of such repairs. Upon surrender ,Tenant shall not be required to return the Property to “good condition,” and shall not be required to mend any carpet tears or replace any carpet, provided that Tenant shall replace any broken glass. Tenant may, in its sole discretion but subject to any right of Landlord under this lease to demand removal of property by Tenant, remove or leave any personal property located on the Property as of the date of expiration or early termination of the Lease, provided that Tenant shall remove any unattached personal property that is not normally used in the hotel industry unless the Parties mutually agree in writing to leave the same at the Property; Tenant shall have fifteen (15) days after expiration or early termination of this Lease within which to complete any removal of property authorized or required under this Lease. The Parties acknowledge that in lieu of any obligation on Tenant’s part to surrender the Property in good condition less wear and tear (including in lieu of any obligation on Tenant’s part to do any finish work during or after the last three months prior to expiration or early termination of this Lease), and in lieu of any obligation on Tenant’s part to surrender all or any part of the Property “furnished” for hotel use or otherwise, and in lieu of any obligation on Tenant’s part to restore all or any part of the Property to any pre-Lease, Commencement Date, or other condition or to reconfigure the Property back to any pre-Lease, Commencement Date, or other reconfiguration, Tenant shall, on expiration or early earlier termination of this Lease, pay or upon any re-entry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises to Landlord a restoration fee in the amount of $156,000.00 (“Restoration Fee”) to be applied: (a) towards any finish work needed to return the Property to good conditionorder, (b) towards the re-furnishing of the Propertycondition and repair, (c) towards the removal of any property left by Tenant in accordance except for ordinary wear and tear together with this Leaseall Tenant's Changes which may have been made in, on, or (d) in any other manner determined by Landlord in its sole discretion; provided that, if Tenant exercises Tenant’s Termination Right, the Restoration Fee shall be reduced to $100,000. If Tenant fails to vacate the Property when and in the manner required Landlord may elect either: (i) to treat Tenant as a tenant from month-to-month, subject to the provisions Demised Premises except for furniture, trade fixtures or equipment put in at the sole expense of Tenant; provided, however, Tenant shall ascertain from Landlord at least sixty (60) days prior to the expiration or earlier termination of this Lease, provided that Base Rent for whether Landlord desires to have the month-to-month tenancy shall be Demised Premises or any part thereof restored to the Base Rent for the month prior to commencement original condition in which it was delivered as of the month-to-month tenancy increased by five percent (5%), and provided that any option or other rights regarding extension of the Term shall no longer apply; or (ii) to eject Tenant from the Property (using self-help or otherwise) and recover damages caused by wrongful holdover. The terms of this Section shall survive any expiration or early termination 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 so restore the Demised Premises, remove therefrom all of its property, including, but not limited to, its furniture, fixtures and equipment, together with Tenant's Changes as may be requested by Landlord and fix and repair any and all damage or defacement to the Building and/or Land caused by the installation and/or removal of Tenant's Changes, furniture, equipment or trade fixtures or any other property. Any or all of Tenant's personal property or Tenant's Changes not so removed, at Landlord's option, shall become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice or demand. If the Demised Premises be not surrendered as and when aforesaid, Tenant shall indemnify Landlord against any damages, loss or liability, resulting therefrom. Tenant's obligation under this Article shall survive the expiration or earlier termination of the Term.

Surrender; Holdover. On expiration or early termination of this Lease (“surrender”), Tenant shall deliver all keys to Landlord and surrender the Property Premises vacuumed, swept, and free of debris and in the interior hallways and rooms same condition as at the commencement of the Building vacuumed and/or sweptterm subject only to reasonable wear from ordinary use. With respect to any damage to the Property that is the repair responsibility of Tenant under this Lease and that occurs during the last three months prior to expiration or early termination of this Lease or results from removal of any Tenant Alterations, Tenant’s repair responsibility shall, notwithstanding any other provision of this Lease, be limited to patching such damage (i.e., patching holes and cracks) and Tenant shall not be required to do any finish work as part of such repairs. Upon surrender ,Tenant shall not be required to return the Property to “good condition,” and shall not be required to mend any carpet tears or replace any carpet, provided that Tenant shall replace any broken glass. Tenant may, in its sole discretion but subject to any right of Landlord under this lease to demand removal of property by Tenant, remove or leave any personal property located on the Property as of the date of expiration or early termination of the Lease, provided that Tenant shall remove all of its furnishings and trade fixtures that remain its property and any unattached personal property that is not normally used in alterations, cables or conduits if required by paragraph 6.2.1 and shall repair all damage resulting from such removal. Failure to remove shall be an abandonment of the hotel industry unless the Parties mutually agree in writing to leave the same at the Property; Tenant shall have fifteen (15) days after expiration or early termination of this Lease within which to complete any removal of property authorized or required under this Lease. The Parties acknowledge that in lieu of any obligation on Tenant’s part to surrender the Property in good condition less wear and tear (including in lieu of any obligation on Tenant’s part to do any finish work during or after the last three months prior to expiration or early termination of this Lease)property, and Landlord may remove or dispose of it in lieu of any obligation on Tenant’s part to surrender all or any part of the Property “furnished” for hotel use or otherwisemanner without liability, and in lieu recover the cost of any obligation on removal and other damages from Tenant’s part to restore all or any part of the Property to any pre-Lease, Commencement Date, or other condition or to reconfigure the Property back to any pre-Lease, Commencement Date, or other reconfiguration, Tenant shall, on expiration or early termination of this Lease, pay to Landlord a restoration fee in the amount of $156,000.00 (“Restoration Fee”) to be applied: (a) towards any finish work needed to return the Property to good condition, (b) towards the re-furnishing of the Property, (c) towards the removal of any property left by Tenant in accordance with this Lease, or (d) in any other manner determined by Landlord in its sole discretion; provided that, if Tenant exercises Tenant’s Termination Right, the Restoration Fee shall be reduced to $100,000. If Tenant fails to vacate the Property Premises when and in the manner required required, including failure to remove all its personal property, Landlord may elect either: (i) to treat Tenant as a tenant from month-to-month to month, subject to the provisions of this Lease, provided Lease except that Base Rent for the month-to-month tenancy rent shall be the Base Rent for the month prior to commencement 125% of the month-to-month tenancy increased by five percent (5%)total rent being charged when the Lease term expired, and provided that any option or other rights regarding extension of the Term term or expansion of the Premises shall no longer apply; or (ii) to eject Tenant from the Property Premises (using self-help or otherwise) and recover damages caused by wrongful holdoverXxxxxx continuing to occupy the Premises after the Lease term has expired without the permission of the Landlord. The terms In the absence of a lease extension or agreement otherwise, no less than one hundred (100) days prior to the expiration of the Lease, Tenant shall provide Landlord written notice advising the Landlord that the Tenant will not be extending the Lease and in said notice, Tenant shall request notice from the Landlord whether the Landlord will require the Tenant to vacate on or before the Lease expiration date or if the Landlord will approve of the Tenant remaining in the Premises after the expiration date as a month to month Tenant. Landlord shall respond and answer this Section shall survive any expiration or early termination notice from Tenant within ten (10) days of this Leasereceipt.