Common use of Surrender of Leased Premises Clause in Contracts

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delay.

Appears in 3 contracts

Samples: Office Lease (Imanage Inc), Office Lease (Imanage Inc), Office Lease (Imanage Inc)

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Surrender of Leased Premises. 26.1 Upon any termination of this Lease, whether by lapse of time, cancellation pursuant to an election provided for herein, forfeiture, or otherwise, Tenant shallshall immediately surrender possession of the Leased Premises and all buildings and improvements on the same to Landlord in good and tenantable repair, reasonable wear and damage from fire or other casualty or peril excepted, and shall surrender all keys for the Leased Premises to Landlord at least ninety the place then fixed for the payment of rent and shall inform Landlord of all combinations of locks, safes and vaults, if any, in the Leased Premises. At any time during the ten (9010) days before the last day termination date of this Lease, Tenant, if not in default hereunder at such time, shall have the right to remove, and at the end of the term, if directed to do so by Landlord, shall remove from the Leased Premises all furniture, furnishings, signs, and equipment then installed or in place in, on or about the Leased Premises; provided, however, Tenant shall, and it covenants and agrees to, make all repairs to the Leased Premises required because of such removal. If any of such property shall remain on the Leased Premises after the end of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein such property shall be construed as an extension of and become the term hereof or as consent property of Landlord to without any holding over by claim therein of Tenant. At the end of the term or any renewal thereof or other sooner Landlord may direct Tenant to remove such property, in which case Tenant Upon termination of this Lease, Tenant will shall peaceably deliver up surrender the Leased Premises, including all fixtures and tenant improvements, in a neat and broom clean condition, and Tenant shall repair any holes or openings made by Tenant in the walls, roof or floor of the building, remove any protuberance and perform any maintenance or repairs required of Tenant by this Lease. If directed to do so by Landlord, Tenant shall also remove any improvements, additions or alterations made to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed Leased Premises by Tenant at even though such improvements by the end of the term or other sooner termination terms of this Lease shall be deemed abandoned by become a part of the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLeased Premises.

Appears in 3 contracts

Samples: Lease Agreement (Schuff Steel Co), Lease Agreement (Schuff Steel Co), Lease Agreement (Schuff Steel Co)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety sixty (9060) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or Bayshore Corporate Center any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delay. The voluntary or other surrender of this lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or subtenacies. 26.2 If Tenant does not give Landlord sixty (60) days written notice then Tenant will be obligated to pay rent sixty (60) days from when written notice is given, unless the space has been leased to a new Tenant. In the event Landlord leases the space to a new Tenant during the sixty (60) day period, then Tenant will be released from the Lease obligation as of the date of commencement of the new Lease.

Appears in 2 contracts

Samples: Office Lease (Avantgo Inc), Office Lease (Avantgo Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before At the last day expiration of the term hereof, give or at any earlier termination of this lease pursuant to Landlord a written notice of intention to any provisions hereof, Lessee shall surrender the leased premises on that datein as good condition as they were at the beginning of this lease or, but nothing contained herein shall be construed subject to Lessee’s obligation to remove alterations, additions or improvements as an extension of the term hereof or provided in Xxxxxxxxx 0x above, as consent of Landlord to any holding over improved during Lessee’s occupancy, destruction by Tenant. At the end of the term or any renewal thereof fire, windstorm or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installedcasualty, ordinary wear and tear and damage by firethe effects of time excepted, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to failing which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering Lessor may restore the leased premises, including equipment and fixtures to such condition and Lessee shall pay the cost thereof upon demand. All of Lessee’s personal property, furniture, trade fixtures, shelves, bins and machinery not removed from the leased premises when Lessee leaves the leased premises on termination of this lease shall thereupon be conclusively presumed to have been abandoned by Lessee and forthwith become Lessor’s property; provided, however, that Lessor may require lessee to remove such personal property, furniture, trade fixtures, shelves, bins and machinery or may have such property removed at Lessee’s expense. Prior to Lessee vacating the leased premises, Lessee shall pay to Lessor an amount reasonably estimated by Lessor as necessary to put the leased premises including, without limitation, any claims made all heating and air conditioning systems and equipment therein, in good condition and repair. Any security deposit held by any succeeding Tenant founded on such delayLessor may be credited against the amount payable by Lessee under this paragraph.

Appears in 2 contracts

Samples: Warehouse/Office Lease (Dynamic Health Products Inc), Lease Agreement (GeoPharma, Inc.)

Surrender of Leased Premises. 26.1 On the last day of the Term, or on the sooner termination thereof, Tenant shall, at least ninety (90) days shall peaceably surrender the Leased Premises in good condition and repair consistent with Tenant’s duty to make repairs as herein provided. On or before the last day of the term hereofTerm, give to Landlord a written notice or the date of intention to surrender sooner termination thereof, Tenant shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the leased premises on that dateLeased Premises, but nothing contained herein and all property not removed shall be construed as an extension deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant from the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner Leased Premises upon termination of this LeaseLease and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant, and Landlord shall not be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant will peaceably deliver up to shall pay all costs and expenses of such removal, transportation and storage. Tenant shall leave the Landlords possession of the leased premisesLeased Premises in good order, together with all improvements or additions upon or belonging to the samecondition and repair, by whosoever made, in substantially the same condition as received, or first installed, ordinary reasonable wear and tear and damage from fire and other casualty not caused by fire, earthquake, act of God or the elements alone Tenant excepted. Tenant mayshall reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal, transportation or storage of abandoned property and with respect to restoring the Leased Premises to good order, condition and repair. All improvements, alterations, additions, installations and fixtures, other than Tenant’s trade fixtures and equipment, which have been made or installed by either Landlord or Tenant upon the Leased Premises shall remain the property of Landlord and shall be surrendered with the Leased Premises as a part thereof, unless Landlord has required Tenant to remove same, in which event Tenant shall cause such removal to be completed prior to the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify promptly surrender all keys for the Leased Premises to Landlord against at the place then fixed for the payment of Rent and shall inform Landlord of the combinations of any loss or liability resulting from delay by Tenant in so surrendering vaults, locks and safes left on the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLeased Premises.

Appears in 2 contracts

Samples: Commercial Lease Agreement, Commercial Lease Agreement (CareView Communications Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delay. The voluntary or other surrender of this lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or subtenancies. 26.2 If Tenant does not give Landlord ninety (90) days written notice then Tenant will be obligated to pay rent ninety (90) days from when written notice is given, unless the space has been leased to a new Tenant. In the event Landlord leases the space to a new Tenant during the ninety (90) day period, then Tenant will be released from the Lease obligation as of the date of commencement of the new Lease.

Appears in 2 contracts

Samples: Office Lease (Avantgo Inc), Office Lease (Avantgo Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination On expiration of this Lease, if no Event of Default exists, Tenant will peaceably deliver up to shall surrender the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, Leased Premises in substantially the same condition as received, or first installedwhen the Lease Term commenced, ordinary wear and tear and or damage by fire, earthquake, act of God or the elements alone from casualty excepted. Tenant mayExcept for furnishings, trade fixtures and other personal property installed at Tenant's expense, all alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Leased Premises, either by Landlord or Tenant, shall be Landlord's property and at the expiration or earlier termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by the Lease Term shall remain on the Leased Premises without compensation to Tenant, title except if requested by Landlord at the time Tenant seeks approval for such alteration (but exclusive of the Leasehold Improvements) or Tenant as its expense an and without delay shall remove any alterations, additions or improvements made to which shall the Leased Premises by Tenant designated by Landlord to be in Tenant until such terminationremoved, repairing and repair any damage to the leased Leased Premises or the Building caused by such removal. Any If Tenant fails to repair the Leased Premises, Landlord may complete such repairs and Tenant shall reimburse Landlord for such repair and restoration. Landlord shall have the option to require Tenant to remove all its property. If Tenant fails to remove such property as required under this Lease, Landlord may dispose of Tenants personal such property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so electsin its sole discretion without any liability to Tenant, and Landlord shall remove, store and disposing further may charge the cost of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delaydisposition to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Icarus International Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days On or before the last day expiration of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term Lease Term or any renewal thereof or other sooner earlier termination of this Lease, Tenant will peaceably deliver up shall at its sole expense: (i) surrender to the Landlords Landlord possession of the leased premisesLeased Premises (including any fixtures or other improvements that are owned by Landlord or that are to remain with the Leased Premises as provided in this Lease) in good order and repair (ordinary wear and tear excepted) and broom clean, together with all improvements keys and combinations to locks, safes and vaults and all improvements, alterations, additions, fixtures and equipment at any time made or additions installed in, upon or belonging to the sameinterior or exterior of the Premises, except Tenant’s personal property and all trade fixtures, all of which shall thereupon become the property of Landlord without any claim by Tenant therefore; (ii) carefully remove (so as not to damage any portion of the Leased Premises) there from all signs, goods, effects, machinery, fixtures and equipment and other items of Tenant’s personal property used in conducting Tenant’s trade or business which are neither part of the improvements to the Leased Premises nor owned by the Landlord and that are not remain with the Premises as provided in this Lease; and (iii) repair any damage caused by such removal. Additionally, unless Landlord elects, in its sole discretion, by whosoever made, in substantially written notice delivered to Tenant within five (5) days after the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act expiration of God or the elements alone excepted. Tenant may, upon the earlier termination of this Lease, removeto retain any or all wires, at Tenants sole cost, all trade fixtures cables and similar installations appurtenant thereto (“Wires”) installed by Tenant, title to or by Landlord at Tenant’s request or expense, within the Leased Premises or anywhere else in the building in which shall be in Tenant until such terminationthe Leased Premises are located, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so electsincluding, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, plenums or risers, then Tenant shall remove the Wires within the fifteen (15) day period set forth in the immediately preceding paragraph, and, in connection with such removal, Tenant shall restore the Leased Premises or building to the condition it was in prior to the installation of the Wires. If Landlord elects to retain any claims made by or all of the Wires, then the retained Wires shall be left in good and safe condition, working order, properly labeled and capped or sealed at each end and in each telecommunications/electrical closet and junction box; and such Wires shall be free and clear of all liens and encumbrances. If Tenant elects to discontinue the use of any succeeding Wires, but continues to occupy and use the Leased Premises, then Tenant founded on such delay.shall so notify Landlord in writing within thirty

Appears in 1 contract

Samples: Lease (Quality Systems Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days on or before the last day of the term Term, or upon earlier termination hereof or of Tenant's right to occupy the Leased Premises in accordance with the terms hereof, give (i) peaceably and quietly leave, surrender and yield up to Landlord a written notice the Leased Premises, free of intention to surrender the leased premises on that datesubtenancies, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Leasebroom clean and, Tenant will peaceably deliver up subject to the Landlords possession provisions of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever madeSection 12 hereof, in substantially the same good order and condition as received, or first installed, ordinary except for reasonable wear and tear tear, and damage by fire(ii) at its expense, earthquakeremove from the Leased Premises all movable trade fixtures, act of God or the elements alone excepted. furniture, equipment, and other personal property, provided that Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing promptly repair any damage to the leased caused by such removal. Any of Tenants personal such property not so removed may, at Landlord's election and trade fixtures not removed without limiting Landlord's right to compel removal thereof, be deemed abandoned and either may be retained by Tenant Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. All affixed installations, alterations, additions, betterments and improvements to the Leased Premises made by either Landlord or Tenant, whether at Landlord's or Tenant's expense, including, without limitation, all wiring, paneling, partitions, floor coverings, lighting fixtures, built-in cabinets, bookshelves affixed to walls, and the like shall become the property of Landlord when installed (unless Landlord specifically agrees otherwise in writing upon installation) and shall remain with the Leased Premises at the end of the term expiration or other sooner termination of the Term. The provisions of this Lease Section shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing survive any expiration or termination of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delaythis Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Condor Technology Solutions Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination On expiration of this Lease, if no Event of Default exists, Tenant will peaceably deliver up to shall surrender the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, Leased Premises in substantially the same condition as received, or first installedwhen the Lease Term commenced, ordinary wear and tear and or damage by fire, earthquake, act of God or the elements alone from casualty excepted. Tenant mayExcept for furnishings, trade fixtures and other personal property installed at Tenant's expense, all alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Leased Premises, either by Landlord or Tenant, shall be Landlord's property and at the expiration or earlier termination of this Leasethe Lease Term shall remain on the Leased Premises without compensation to Tenant, removeexcept if requested by Landlord, Tenant, at Tenants sole costits expense and without delay, all trade fixtures installed shall remove any alterations, additions or improvements made to the Leased Premises by TenantTenant excluding initial Tenant Improvements designated by Landlord to be removed, title to which shall be in Tenant until such termination, repairing and repair any damage to the leased Leased Premises or the Building caused by such removalremoval If Tenant fails to repair the Leased Premises, Landlord may complete such repairs and Tenant shall reimburse Landlord for such repair and restoration. Any Landlord shall have the option to require Tenant to remove all its property. If Tenant fails to remove such property as required under this Lease, Landlord may dispose of Tenants personal such property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so electsin its sole discretion without any liability to Tenant, and Landlord shall remove, store and disposing further may charge the cost of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delaydisposition to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Seagate Software Information Management Group Holdings Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by TenantSection 1. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords If Lessee holds possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon Leased Premises after the termination of this Lease for any reason, Lessee shall pay Lessor double the rent provided for herein for such period that Lessee holds over, but such payment of rent shall not create any Lease arrangement whatsoever between Lessor and Lessee, unless expressly agreed to in writing by Lessor. It is further understood that during such period that Lessee holds over, the Lessor retains all of Lessor's rights under this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end including damages as a result of the term or other sooner termination of this Lease and the right to immediate possession of the Leased Premises. This paragraph shall not be deemed abandoned construed to grant Lessee permission to hold over. Section 2. At the expiration of the tenancy created hereunder, whether by lapse of time or otherwise, Lessee shall surrender the Tenant Leased Premises broom clean, free of tire marks, free of all debris and in good condition and repair, reasonable wear and loss by fire or other unavoidable casualty excepted. Section 3. Prior to surrender of the Leased Premises, the Leased Premises will be reviewed by a representative of the Lessor and Lessee to determine if Landlord so electsthere is any deferred maintenance or unrepaired damage, Lessor may effect such maintenance and repairs, and Landlord Lessee will pay the cost thereof. Section 4. Upon the expiration of the tenancy hereby created, if Lessor so requests in writing, Lessee shall removepromptly remove any additions, store fixtures and disposing installations placed in the Leased Premises by Lessee that is designated in said request, and repair any damage occasioned by such removals at its own expense, and in default thereof, Lessor may effect such removals and repairs, and Lessee shall pay Lessor the cost thereof, with interest at the rate of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting eight (8) percent per annum from delay the date of payment by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLessor.

Appears in 1 contract

Samples: Assignment Agreement (Pc Connection Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before At the last day expiration of the term hereoftenancy hereby created, give to Landlord a written notice of intention to Tenant shall peaceably surrender the leased premises on that dateLeased Premises, but nothing contained herein including all alterations, additions, improvements and repairs made thereto; all interior partition walls; any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other similar building operating equipment. The Leased Premises shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Leaseleft broom clean and in good condition and repair, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary reasonable wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant mayshall remove all its property not required to be surrendered to Landlord before surrendering the Leased Premises (including trade fixtures, upon the termination of this Leasetrade equipment, removesigns, at Tenants sole cost, all decorations and trade fixtures installed by Tenant, title to which personal property) as aforesaid and shall be in Tenant until such termination, repairing repair any damage to the leased Leased Premises caused by such removalthereby. Any of Tenants personal property remaining in the Leased Premises at the expiration of the lease period shall be deemed abandoned by Tenant, and trade fixtures not removed Landlord may claim the same and shall in no circumstances have any liability to Tenant therefor. The cost of removing such items which are abandoned by Tenant shall be charged to Tenant. Upon termination, Tenant shall also surrender all keys for the Leased Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Leased Premises. All utilities are to be transferred into Landlord's name, effective the date of Surrender. In no event shall the utility service ever be turned off. If services are terminated, Tenant shall be solely responsible for any resulting damage to the Premises. If the Leased Premises are not surrendered at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so electsas hereinabove set out, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premisesLeased Premises, including without limitation, any limitation claims made by any the succeeding Tenant tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term.

Appears in 1 contract

Samples: Lease Agreement (First Chester County Corp)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day Section 1. If Lessee holds possession of the term hereof, give to Landlord a written notice of intention to surrender Leased Premises after --------- the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this LeaseLease for any reason, Tenant will peaceably deliver up to the Landlords possession Lessee shall pay Lessor 150% of the leased premiseslast monthly rent provided for herein for each month or a portion of a month that Lessee holds over, together with all improvements or additions upon or belonging other charges due hereunder. Such payment of rent shall not create any Lease arrangement whatsoever between Lessor and Lessee, unless expressly agreed to in writing by Lessor. It is further understood that during such period that Lessee holds over, the sameLessor retains all of Lessor's rights under this Lease, by whosoever made, in substantially the same condition including damages as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act a result of God or the elements alone excepted. Tenant may, upon the termination of this LeaseLease and the right to immediate possession of the Leased Premises. This paragraph shall not be construed to grant Lessee permission to hold over. Section 2. At the expiration of the tenancy created hereunder, remove--------- whether by lapse of time or otherwise, at Tenants sole costLessee shall surrender the Leased Premises broom clean, free of tire marks, free of all trade debris and in good condition and repair, reasonable wear and loss by fire or other unavoidable casualty excepted. Section 3. Prior to surrender of the Leased Premises, the Leased --------- Premises will be reviewed by a representative of the Lessor and Lessee to determine if there is any deferred maintenance or unrepaired damage which the Lessee was responsible to perform. In the event that there is such deferred maintenance and/or unrepaired damage, Lessor may effect such maintenance and repairs, and Lessee will pay the cost thereof. Section 4. Upon the expiration of the tenancy hereby created, if --------- Lessor so requests in writing, Lessee shall promptly remove any additions, fixtures installed and installations placed in the Leased Premises by TenantLessee that is designated in said request, title to which shall be in Tenant until such termination, repairing and repair any damage to the leased caused occasioned by such removal. Any of Tenants personal property removals at its own expense, and trade fixtures not removed by Tenant in default thereof, Lessor may effect such removals and repairs, and Lessee shall pay Lessor the cost thereof, with interest at the end rate of eight (8) percent per annum from the term or other sooner termination date of this Lease shall be deemed abandoned payment by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLessor.

Appears in 1 contract

Samples: Lease Agreement (Prestolite Electric Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination On expiration of this Lease, if no Event of Default exists, Tenant will peaceably deliver up to shall surrender the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, Leased Premises in substantially the same condition as received, or first installedwhen the Lease Term commenced, ordinary wear and tear and casualty damage by fire, earthquake, act of God or the elements alone excepted. Tenant mayExcept for furnishings, trade fixtures and other personal property installed at Tenant's expense, all alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Leased Premises, either by Landlord or Tenant, shall be Landlord's property and at the expiration or earlier termination of this Leasethe term shall remain on the Leased Premises without compensation to Tenant, removeexcept if requested by Landlord at the time they are made, Tenant, at Tenants sole costits expense and without delay, all trade fixtures installed shall remove any alterations, additions or improvements made to the Leased Premises by TenantTenant designated by Landlord to be removed, title to which shall be in Tenant until such termination, repairing and repair any damage to the leased Leased Premises or the Building caused by such removal, provided, however, that Tenant shall not be required to remove improvements to the Leased Premises which have previously been approved by Landlord. Any If Tenant fails to repair the Leased Premises, Landlord may complete such repairs and Tenant shall reimburse Landlord for such repair and restoration. Landlord shall have the option to require Tenant to remove all its personal property. If Tenant fails to remove such property as required under this Lease, Landlord may dispose of Tenants personal such property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so electsin its sole discretion without any liability to Tenant, and Landlord shall remove, store and disposing further may charge the reasonable cost of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delaydisposition to Tenant.

Appears in 1 contract

Samples: Lease (Randers Group Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days on or before the last day of the term Term, or upon earlier termination hereof or of Tenant's right to occupy the Leased Premises in accordance with the terms hereof, give (i) peaceably and quietly leave, surrender and yield up to Landlord a written notice the Leased Premises, free of intention to surrender the leased premises on that datesubtenancies, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Leasebroom clean and, Tenant will peaceably deliver up subject to the Landlords possession provisions of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever madeSection 13 hereof, in substantially the same good order and condition as received, or first installed, ordinary except for reasonable wear and tear AND DAMAGE DUE TO CASUALTY OR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD (OR LANDLORD'S EMPLOYEES, CONTRACTORS, OR AGENTS), and damage by fire(ii) at its expense, earthquakeremove from the Leased Premises all movable trade fixtures, act of God or the elements alone excepted. furniture, equipment, and other personal property, provided that Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing promptly repair any damage to the leased caused by such removal. Any of Tenants personal such property not so removed may, at Landlord's election and trade fixtures not removed without limiting Landlord's right to compel removal thereof, be deemed abandoned and either may be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. EXCEPT AS OTHERWISE LISTED ON EXHIBIT G ATTACHED HERETO, ALL affixed installations, alterations, additions, betterments and improvements to the Leased Premises made by either Landlord or Tenant, whether at Landlord's or Tenant's expense, including, without limitation, all wiring, paneling, partitions, floor coverings, lighting fixtures, built-in cabinets, bookshelves affixed to walls, and the like, unless designated in writing by agreement of the parties upon installation, shall become the property of Landlord when installed and shall remain with the Leased Premises at the expiration or sooner termination of the Term, except that Landlord shall have the right, by notice to Tenant at the end time of approving Tenant's plans for such improvements, to require Tenant, at its expense, to remove any of such property installed by or at the term sole expense of Tenant or other sooner remaining property objectionable to Landlord and to repair any damage caused by such removal. In the event Tenant fails to perform such removal and repair, as aforesaid, Landlord may remove any property of Tenant from the Leased Premises and store the same elsewhere at the expense and risk of Tenant. The provisions of this Section shall survive any expiration or termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLease.

Appears in 1 contract

Samples: Deed of Lease (Apache Medical Systems Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90A) days before Upon the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof expiration or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, the Tenant will peaceably deliver up shall vacate and surrender to the Landlords possession Landlord the Leased Premises in accordance with the provisions of this Lease. Except to the extent as otherwise expressly agreed by the Landlord in writing; no leasehold improvements, trade fixtures, furniture or equipment shall be removed by the Tenant from the Leased Premises either during or at the expiration or sooner termination of the leased premisesTerm except that the Tenant: (a) may at the end of the Term, together with all improvements if it is not in default hereunder, remove its trade fixtures; (b) shall at the end of the Term remove such leasehold improvements, trade fixtures, furnishings, equipment and inventory as the Landlord shall require to be removed; (c) may, if it is not in default hereunder, remove its furnishings, equipment and inventory at the end of the Term, and also during the Term in the usual and normal course of its business where such furnishings or additions upon equipment have become excess for the Tenant's purposes or belonging the Tenant is substituting therefor new furnishings and equipment. The Tenant shall, in the case of every removal either during or at the end of the Term, make good any damage caused to the sameLeased Premises and any leasehold improvements therein by the installation and removal. (B) Notwithstanding the provisions of Article 1.02(A), by whosoever made, in substantially the same condition as received, Tenant shall be permitted to remove its trade fixtures from the Leased Premises at the expiration or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the sooner termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which provided the Tenant shall be in Tenant until such termination, repairing make good any damage or injury caused to the leased caused by Leased Premises resulting from such removal. Any of Tenants personal property , reasonable wear and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delaytear excepted.

Appears in 1 contract

Samples: Lease Agreement (Arterial Vascular Engineering Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before At the last day expiration of the term hereoftenancy hereby created, give to Landlord a written notice of intention to Tenant shall peaceably surrender the leased premises on Leased Premises, including all alterations, additions, improvements and repairs made thereto; all interior partition walls; any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other similar building operating equipment (unless Landlord requests in writing that date, but nothing contained herein any or all of such items remain). The Leased Premises shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Leaseleft broom clean and in good condition and repair, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary reasonable wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant mayshall remove all its property not required to be surrendered to Landlord before surrendering the Leased Premises (including trade fixtures, upon the termination of this Leasetrade equipment, removesigns, at Tenants sole cost, all decorations and trade fixtures installed by Tenant, title to which personal property) as aforesaid and shall be in Tenant until such termination, repairing repair any damage to the leased Leased Premises caused by such removalthereby. Any of Tenants personal property remaining in the Leased Premises at the expiration of the lease period shall be deemed abandoned by Tenant, and trade fixtures not removed Landlord may claim the same and shall in no circumstances have any liability to Tenant therefor. The cost of removing such items which are abandoned by Tenant shall be charged to Tenant. Upon termination, Tenant shall also surrender all keys for the Leased Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Leased Premises. If the Leased Premises are not surrendered at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so electsas hereinabove set out, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premisesLeased Premises, including without limitation, any limitation claims made by any the succeeding Tenant tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term.

Appears in 1 contract

Samples: Lease Agreement (Eagle Financial Services Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before Upon the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof expiration or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner earlier termination of this Lease, or upon the exercise by Landlord of its right to reenter tile Leased Premises without terminating this Lease, Tenant will peaceably deliver up shall immediately surrender the Leased Premises and all keys to the Landlords possession of the leased premisesLeased Premises to Landlord, together with all alterations, improvements or additions upon or belonging to the same, by whosoever madeand other property as provided elsewhere herein, in substantially the same good order, condition as receivedand repair, or first installed, except for ordinary wear and tear tear; provided that at Landlord's written request Tenant shall remove at its expense improvements to the Leased Premises such as special wall coverings and damage by fire, earthquake, act flooring which have become a part of God or and otherwise would have remained with the elements alone exceptedLeased Premises. Tenant mayshall, upon at its expense, promptly repair any damage caused by removal of any other improvements requested by Landlord as aforesaid, and shall restore the Leased Premises to SUBSTANTIALLY the condition existing prior to the installation of the items removed. If Tenant fails to surrender the Leased Premises in the condition aforesaid, then Landlord may restore the Leased Premises to such a condition at Tenant's expense. Upon the expiration or earlier termination of this the Lease, removeTenant will, at Tenants sole costthe option of Landlord, execute a "Release of Lease" and "Waiver of Claim", in recordable form, containing Tenant's release of all trade fixtures installed by Tenant, title to which shall be its interest in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLeased Premises.

Appears in 1 contract

Samples: Lease Agreement (Pinnacle Global Group Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination On expiration of this Lease, if no Event of Default exists, Tenant will peaceably deliver up to shall surrender the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, Leased Premises in substantially the same condition as received, or first installedwhen the Lease Term commenced, ordinary wear and tear and or damage by fire, earthquake, act of God or the elements alone from casualty excepted. Tenant mayExcept for furnishings, trade fixtures and other personal property installed at Tenant's expense, all alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Leased Premises, either by Landlord or Tenant, shall be Landlord's property and at the expiration or earlier termination of this Leasethe Lease Term shall remain on the Leased Premises without compensation to Tenant, removeexcept if requested by Landlord, Tenant, at Tenants sole costits expense and without delay, all trade fixtures installed shall remove any alterations, additions or improvements made to the Leased Premises by TenantTenant designated by Landlord to be removed, title to which shall be in Tenant until such termination, repairing and repair any damage to the leased Leased Premises or the Building caused by such removal. Any If Tenant fails to repair the Leased Premises, Landlord may complete such repairs and Tenant shall reimburse Landlord for such repair and restoration. Landlord shall have the option to require Tenant to remove all its property. If Tenant fails to remove such property as required under this Lease, Landlord may dispose of Tenants personal such property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so electsin its sole discretion without any liability to Tenant, and Landlord shall remove, store and disposing further may charge the cost of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delaydisposition to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Medialink Worldwide Inc)

Surrender of Leased Premises. 26.1 (a) Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this LeaseLease Agreement, removeby lapse of time or otherwise, return the Leased Premises to Landlord (i) free of any Hazardous Substances in order that the Leased Premises shall conform with all applicable federal, state or local laws, rules, regulations and orders related to Hazardous Substances and (ii) in as good condition as when received, loss by fire or other unavoidable casualty and reasonable wear and tear excepted. It is understood and agreed that the exception made as to “loss by fire or other unavoidable casualty” does not include damages, fires or casualties caused or contributed to by the negligent act of Tenant, its servants, agents, employees, invitees or licensees, to the extent such loss is not compensated for by insurance. Tenant shall surrender all keys to the Leased Premises and inform Landlord of all combinations on locks, safes and vaults therein. (b) All installations, additions, fixtures, and improvements in or upon the Leased Premises, whether placed there by Landlord or Tenant, including, without limitation, paneling, decoration, partitions, railings, millwork, cabinets, carpeting and flooring, shall, at Tenants sole costLandlord’s option, all trade fixtures installed by Tenant, become the property of the person who holds legal title to which the Leased Premises and shall be in Tenant until such termination, repairing any damage to remain upon the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant Leased Premises at the end of the term or other sooner termination of this Lease Agreement without compensation, allowance or credit to the Tenant; provided, however, Tenant shall have the option of removing any trade fixtures (including but not limited to computers and systems, furniture, monitors and electronics) which it installed in or upon the Leased Premises prior to the termination of this Lease Agreement, but Tenant shall remain responsible for repairing any damage caused to the Leased Premises by such removal. (c) Any furniture, equipment, computers and systems, monitors, electronics, machinery or movable property owned by Tenant and brought onto the Leased Premises during Tenant’s occupancy thereof and not removed at the termination of the Lease Agreement shall be deemed to have been abandoned by Tenant and shall, without any further act by Tenant, be conclusively deemed to have been conveyed by Tenant to Landlord as by xxxx of sale without further payment or credit by Landlord to Tenant and may be sold by Landlord or disposed of by Landlord as it sees fit. Any amount realized upon any such a sale shall be the property of Landlord. If Landlord has directed Tenant if Landlord so electsto remove any or all of such property, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss remain liable for the cost of its removal and for the cost of restoring the Leased Premises after such removal. The provisions of this Section 18 shall survive the termination or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayexpiration of this Lease Agreement.

Appears in 1 contract

Samples: Lease Agreement (Homeowners Choice, Inc.)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by TenantSection 1. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords If Lessee holds possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon Leased Premises after the termination of this Lease for any reason, Lessee shall pay Lessor double the rent provided for herein for such period that Lessee holds over, but such payment of rent shall not create any Lease arrangement whatsoever between Lessor and Lessee, unless expressly agreed to in writing by Lessor. It is further understood that during such period that Lessee holds over, the Lessor retains all of Lessor's rights under this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end including damages as a result of the term or other sooner termination of this Lease and the right to immediate possession of the Leased Premises. This paragraph shall not be deemed abandoned construed to grant Lessee permission to hold over. Section 2. At the expiration of the tenancy created hereunder, whether by lapse of time or otherwise, Lessee shall surrender the Tenant Leased Premises broom clean, free of all debris and in good condition and repair, reasonable wear and loss by fire or other unavoidable casualty excepted. Section 3. Prior to surrender of the Leased Premises, the Leased Premises will be reviewed by a representative of the Lessor and Lessee to determine if Landlord so electsthere is any deferred maintenance or unrepaired damage. In the event that there is deferred maintenance and/or unrepaired damage, Lessor may effect such maintenance and repairs, and Landlord Lessee will pay the cost thereof. Section 4. Upon the expiration of the tenancy hereby created, if Lessor so requests in writing, Lessee shall removepromptly remove any additions, store fixtures and disposing installations placed in the Leased Premises by Lessee that is designated in said request, and repair any damage occasioned by such removals at its own expense, and in default thereof, Lessor may effect such removals and repairs, and Lessee shall pay Lessor the cost thereof, with interest at the rate of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting eight (8) percent per annum from delay the date of the payment by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLessor.

Appears in 1 contract

Samples: Assignment Agreement (Pc Connection Inc)

Surrender of Leased Premises. 26.1 Tenant shallagrees to surrender Landlord, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or of this Lease and/or upon any renewal thereof or other sooner termination cancellation of this Lease, Tenant will peaceably deliver up to said Leased Premises in as good condition as the Landlords possession Leased Premises were at the beginning of the leased premises, together with all improvements or additions upon or belonging to term of the same, by whosoever made, in substantially the same condition as received, or first installedLease, ordinary wear and tear and damage by firefire or other casually not caused by Tenant's negligence, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in agrees that if Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures does not removed by Tenant surrender said Leased Premises o Landlord at the end of the term or other sooner termination of this Lease Lease, then Tenant will pay to Landlord two (2) times the monthly rent paid in the final month of Tenant's term hereunder for each month that Tenant holds over; in addition Tenant shall be deemed abandoned by pay all damages that Landlord may suffer on account of Tenant's failure to so surrender to Landlord possession of the Tenant if Landlord so electsLeased Premises, and will indemnify and save Landlord shall remove, store harmless from and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any all claims made by any succeeding tenant of the Leased Premises so far as such delay is occasioned by failure of Tenant founded on to so surrender the Leased Premises in accordance herewith or otherwise. No receipt of money by Landlord from Tenant after termination of this Lease or the service of any suit or final judgment for possession shall reinstate, continue or extend the term of this Lease or affect any such delaynotice, demand, suit or judgment. No act or thing done by Landlord or its agents during the term hereby granted shall be deemed an acceptance of a surrender of the Leased Premises and no agreement to accept a surrender of the Leased Premises shall be valid unless it be made in writing and subscribed by a duly authorized officer or agent of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Dyadic International Inc)

Surrender of Leased Premises. 26.1 Tenant shallOn the Expiration Date, at least ninety (90) days before the last day or earlier permitted termination of the term hereofTerm, give Tenant shall quit and surrender the Leased Premises in good and orderly condition and repair (reasonable wear and tear excepted) and shall deliver and surrender the Leased Premises to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords possession of the leased premisespeaceably, together with all alterations, additions and improvements in, to or additions upon or belonging on the Leased Premises made by Tenant which Landlord elects to retain in accordance herewith. Landlord reserves the sameright, by whosoever madeas hereinbefore set forth, in substantially the same condition as received, or first installed, ordinary wear to require Tenant at Tenant's sole cast and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures expense to remove any alterations installed by Tenant, title to which covenant shall be in Tenant until such termination, repairing any damage survive the surrender and the delivery of the Leased Premises as provided hereunder. Prior to the leased caused by such removalExpiration Date, or earlier permitted termination of the Term, Tenant shall remove all of its personal property, including equipment and trade fixtures, from the Leased Premises. Any of Tenants All personal property and trade fixtures not removed by Tenant shall be deemed abandoned by Tenant, and Landlord reserves the right to charge the reasonable cost of such removal to Tenant, which obligations shall survive the Lease termination and surrender hereinabove provided. If the Leased Premises are not surrendered at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so electsTerm, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so In surrendering the leased premisesLeased Premises. In addition, including without limitationunless Landlord agrees in writing to Tenant's holding over after the Lease is terminated, any claims made by any succeeding Tenant's continued occupancy thereafter shall be as a month-to-month Tenant founded on such delayupon all of the same terms and conditions as set forth herein, except that the Base Rent shall be two (2) times the Base Rent payable during the month the Lease was terminated. Provided Tenant is not in default, Landlord will inspect the Leased Premises with an authorized agent of Tenant prior to the Expiration Date to advise Tenant as to the condition of the Leased Premises and the alterations and personal property to be removed.

Appears in 1 contract

Samples: Lease Agreement (KMC Telecom Holdings Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination On expiration of this Lease, if no Event of Default exists, Tenant will peaceably deliver up to shall surrender the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, Leased Premises in substantially the same condition as received, or first installedwhen the Lease Term commenced, ordinary wear and tear and or damage by fire, earthquake, act of God or the elements alone from casualty excepted. Tenant mayExcept for furnishings, trade fixtures and other personal property installed at Tenant's expense and not affixed to the Leased Premises, all alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Leased Premises, either by Landlord or Tenant, shall be Landlord's property and at the expiration or earlier termination of this Leasethe Lease Term shall remain on the Leased Premises without compensation to Tenant, removeexcept if requested by Landlord, Tenant, at Tenants sole costits expense and without delay, all trade fixtures installed shall remove any alterations, additions or improvements made to the Leased Premises by TenantTenant designated by Landlord to be removed, title to which shall be in Tenant until such termination, repairing and repair any damage to the leased Leased Premises or the Building caused by such removal. Any If Tenant fails to repair the Leased Premises, Landlord may complete such repairs and Tenant shall reimburse Landlord for such repair and restoration. Landlord shall have the option to require Tenant to remove all of Tenants personal its property. If Tenant fails to remove such property and trade fixtures not removed as required under this Lease, Landlord may dispose of such property (by Tenant at the end of the term sale or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so electsotherwise) in its sole discretion without any liability to Tenant, and Landlord shall remove, store and disposing further may charge the cost of Tenants abandoned personal property and trade fixtures. any such disposition to Tenant shall indemnify Landlord and/or offset the same against any loss or liability resulting proceeds from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on sale of such delayproperty.

Appears in 1 contract

Samples: Lease Agreement (Manchester Equipment Co Inc)

Surrender of Leased Premises. 26.1 a. Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, removeby lapse of time or otherwise, return the Leased Premises to Landlord in as good condition as when received, loss by fire or other unavoidable casualty and ordinary wear excepted. It is understood and agreed that the exception made as to "loss by fire or other unavoidable casualty" does not include damages, fires or casualties caused or contributed to by the act or neglect of Tenant, its servants, agents, employees, invitees or licensees, and not compensated for by insurance. b. All installations, additions fixtures and improvements in or upon the Leased Premises, whether placed there by Landlord or Tenant (which may occur only with Landlord's prior consent), including, without limitation, moldings, wall coverings, window shutters, partitions, railings, carpeting and flooring, are the property of Landlord and shall remain upon the Leased Premises at Tenants sole costthe termination of the Lease as Landlord's property without compensation, all trade allowance or credit to the Tenant; provided, however, if prior to such termination or within ten (10) days thereafter Landlord so directs by written notice, Tenant shall promptly remove those/installations, fixtures installed and improvements placed in the Leased Premises by Tenant, title if any, and shall restore the Leased Premises to which their original condition. Upon failure by Tenant to do so, Landlord shall have the right to do so at Tenant's expense. c. Any furniture, equipment, machinery or other movable property brought onto the Leased Premises during Tenant's occupancy thereof and not removed at the termination of the Lease may be handled, removed or stored by Landlord, at the cost, expense and risk of Tenant, with no liability upon Landlord for loss or injury thereto and without prejudice to Landlord's lien and privilege securing all sums due hereunder. Tenant shall pay Landlord for all expenses incurred by Landlord in such removal and storage charges against such property so long as the same shall be in Tenant until such termination, repairing any damage to the leased caused by such removalLandlord's possession or under Landlord's control. Any of Tenants personal All property and trade fixtures not removed from the Leased Premises or retaken from storage by Tenant at within thirty (30) days after the end of the term or other sooner termination of this Lease Lease, however terminated, shall be conclusively deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay to have been conveyed by Tenant in so surrendering the leased premises, including to Landlord as by xxxx of sale without limitation, any claims made further payment or credit by any succeeding Tenant founded on such delayLandlord to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Soundworks International Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day Tenant-Turbo shall deliver up and surrender to Landlord-TDYT possession of the term hereof, give Leased Premises including all fixtures permanently attached to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of Leased Premises during the term hereof or as consent of Landlord to any holding over by (except Tenant. At -Turbo's trade fixtures), upon the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to in as good condition and repair as the Landlords possession same were in at the beginning of the leased premisesterm of this Lease, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary reasonable wear and tear and damage by fire, earthquake, act of God casualty or the elements loss by taking alone excepted. Tenant may, upon Upon such delivery and surrender of possession Tenant-Turbo shall remove from the termination of this Lease, remove, at Tenants sole cost, Leased Premises all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures of Tenant-Turbo, as provided herein. At Landlord-TDYT's option, any property not so removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned and may be removed and disposed of by Landlord-TDYT in such manner as Landlord-TDYT shall determine and Tenant-Turbo shall pay Landlord-TDYT the Tenant if Landlord so electsentire reasonable cost and expense incurred by it in effecting such removal and disposition and in making any incidental repairs to the Leased Premises and for use and occupancy during the period after the expiration of the Term and prior to Tenant-Turbo's performance of its obligations under this Article. Tenant-Turbo shall further indemnify Landlord-TDYT against all loss, cost and damage resulting from Tenant-Turbo's failure and delay in surrendering the Leased Premises as herein provided, and Landlord shall remove, store for any and disposing of Tenants abandoned all costs incurred by Landlord-TDYT to remove any or Tenant-Turbo's personal items or property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLeased Premises.

Appears in 1 contract

Samples: Commercial Lease (Thermodynetics Inc)

Surrender of Leased Premises. 26.1 Tenant shallshall surrender the Leased Premises in accordance with the terms of this paragraph, at least ninety (90) days with such surrender to occur on or before the last day of Termination Date, unless Tenant elects to holdover in the term hereofLeased Premises during the Permitted Holdover Period, give to Landlord a written notice of intention to defined below, in which case such surrender shall occur no later than February 28, 2014. In surrendering the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this LeaseLeased Premises, Tenant will peaceably deliver up to shall (i) remove all items of Tenant’s personal property from the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing Leased Premises; (ii) repair any damage to the leased Leased Premises and the Building caused by such removalduring Tenant’s move from the Leased Premises; (iii) deliver all keys to the Leased Premises to Landlord’s management office for the Building; and (iv) return possession of the Leased Premises, broom-clean and free of debris. Any items of Tenants Tenant’s personal property and trade fixtures not removed by Tenant at remaining in the end Leased Premises after the date on which surrender of the term or other sooner termination of this Lease Leased Premises is required hereunder shall be deemed abandoned; Tenant shall not have any claim to such items nor shall Tenant have any claim to any proceeds of sale should Landlord elect to sell any of such abandoned by the items; and Tenant if shall be responsible for all reasonable actual costs and expenses Landlord so elects, and Landlord shall remove, store and incurs in disposing of Tenants abandoned personal property and trade fixturesany of such items. Notwithstanding anything to the contrary appearing in the Lease, Tenant shall indemnify Landlord against have no obligation to remove any loss alterations, additions or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims improvements made by or on behalf of Tenant to the Leased Premises (including but not limited to any succeeding Tenant founded on such delaytelecommunications and/or computer cabling or wires, all of which may remain in the Leased Premises).

Appears in 1 contract

Samples: Lease Termination Agreement (Carters Inc)

Surrender of Leased Premises. 26.1 ADDITIONS, ALTERATIONS AND MODIFICATIONS; At the expiration of the lease term or any extensions or renewals of this Lease Agreement, Tenant agrees to surrender possession of the Leased Premises to Landlord in as good a state of repair and condition as at the date of initial possession hereunder by Tenant, reasonable wear and tear alone excepted. Reasonable wear and tear is limited to that which is normal for a quality office/warehouse facility and is further defined on Exhibit "B" annexed herein. Tenant shall make no additions, alterations or modifications to the Leased Premises (including painting of the interior walls and floors of the building) without the prior written consent of the Landlord, and Landlord may require Tenant to submit written plans and specifications for its approval. All additions, alterations or modifications made to the Leased Premises by the Tenant (after obtaining Landlord's written consent) shall be made at the sole cost and expense of Tenant. All additions, alterations and modifications shall, at least ninety (90) days before the last day time of installation, become the sole property of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein and shall be construed left as an extension a part of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant Leased Premises at the end of the term or other sooner termination of this Lease Agreement. Provided, however, Landlord shall have the right at the end of the lease term to require the Tenant to remove any or all improvements made to the Leased Premises and restore the Leased Premises to the condition it was in at the beginning of the lease term, reasonable wear and tear alone excepted. Such removal and restoration, if required, shall be deemed abandoned by made at the Tenant if Landlord so elects, sole cost and Landlord shall remove, store and disposing expense of Tenants abandoned personal property and trade fixturesthe Tenant. Tenant shall indemnify Landlord against shall, at the end of this Lease Agreement, have the right to remove any loss or liability resulting trade fixtures from delay by Tenant in the Lease Premises which have not been affixed to the Leased Premises so surrendering as to become a part of the leased premises, including without limitationrealty. However, any claims made by any succeeding Tenant founded on such delaydamage caused to the building in removing said trade fixtures 'shall be repaired at the sole cost and expense of the Tenant.

Appears in 1 contract

Samples: Lease Agreement (Maple Leaf Aerospace Inc)

Surrender of Leased Premises. 26.1 Any alterations, improvements or additions to the Leased Premises made by or at the request of Tenant shall, shall remain upon the Leased Premises at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof expiration or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner earlier termination of this Lease, Tenant will peaceably deliver up to Lease and shall become the Landlords possession property of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever madeLandlord unless Landlord shall, in accordance with Article 8, give written notice to Tenant to remove such alterations, improvements and additions. Tenant shall repair any damage caused by the installation and/or removal (including, without limitation, repairing and patching holes, replacing ceiling, floor and wall surfaces and repainting), and restore the Leased Premises to substantially the same condition as receivedin which it existed prior to the time that any such alterations, improvements or first installedadditions were made, ordinary reasonable wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant mayshall have the right to remove any of its fixtures, upon equipment or furnishings from the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which Leased Premises provided that Tenant shall be in Tenant until such termination, repairing repair any damage to the leased caused by Leased Premises or the Building resulting from such removal. Should Tenant fail to remove any such alterations, improvements or additions or to repair such damage when required or requested by Landlord so to do pursuant to this Section 16, Landlord may do so, and the cost and expense thereof shall be paid by Tenant to Landlord as Additional Rent. Any of Tenants personal property and trade fixtures not removed by Tenant at which shall remain in the end of Leased Premises or any part thereof after the term expiration or other sooner earlier termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as Landlord's property or may be disposed of in such manner as Landlord may see fit, provided that notwithstanding the foregoing Tenant if shall, upon request of Landlord made no later then ten (10) days after the expiration or earlier termination of this Lease, promptly remove from the Building any such personal property at Tenant's own cost and expense. Should Tenant fail so electsto do, Landlord may do so, and the cost and expense thereof shall be paid by Tenant to Landlord shall remove, store and disposing of Tenants abandoned as Additional Rent. If such personal property or any part thereof shall be sold by Landlord, Landlord may receive and trade fixturesretain the proceeds of such sale(s) as Landlord's property. Tenant The covenants contained in this Section 16 shall indemnify Landlord against any loss survive the expiration or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayearlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Worldgate Communications Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before 6.01 On the last day of the term hereof, give or upon any earlier termination of this Lease pursuant to the terms hereof, or upon any reentry by Landlord upon the Leased Premises pursuant to the provisions hereof, Tenant shall surrender to Landlord a the Leased Premises in good order, condition and repair, reasonable wear and tear excepted, free and clear of all liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Landlord or arising solely out of any action of Landlord, and, if requested to do so, shall execute, acknowledge and deliver to Landlord such instruments of further assurance as in the opinion of Landlord are necessary or desirable to confirm or perfect Landlord's right, title and interest in and to the Leased Premises. All fixtures, alterations or other improvements constructed or installed on the Premises by Tenant, including, without limitation, additions to the Building, shall, at no cost and expense to Landlord, be deemed to be affixed to the Land and shall be the property of Landlord. Tenant shall not, at the expiration or sooner termination of the Lease, remove from the Premises any fixtures, alterations or other improvements except with the express written notice consent of intention Landlord, which consent may be withheld in Landlord's sole discretion. Notwithstanding the forgoing, Tenant shall have the right, at the expiration or sooner termination of the Lease, to remove from the Premises Tenant's trade fixtures, provided, however, that Landlord and Tenant agree that the central refrigeration system for building refrigeration, including any and all associated components, shall be deemed to be affixed to the Land and shall not be deemed to be trade fixtures. 6.02 If Tenant fails to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of Leased Premises at the term hereof expiration or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner earlier termination of this Lease, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear shall defend and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or from all liability and expense resulting from the delay by Tenant in so surrendering the leased premisesor failure to surrender, including including, without limitation, any claims made by any succeeding Tenant lessee founded on such delayor resulting from Tenant's failure to surrender the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Foodbrands America Inc)

Surrender of Leased Premises. 26.1 Tenant will peaceably surrender the Leased Premises to Landlord on the Lease Expiration Date or upon early termination of the Lease, in broom-clean condition and in as good condition as when Tenant took possession, except for reasonable wear and tear. Any damage to the Leased Premises, including any structural damage, resulting from Tenant’s use or from the removal of Tenant’s Property shall, at least ninety (90) days before the last day of the term hereofLandlord’s election, give to be repaired by either Landlord a written notice of intention to surrender the leased premises on that dateor Tenant, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by in either case at Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures’s expense. Tenant shall indemnify remove Tenant’s Property on or before the date that Tenant surrenders the Leased Premises. Prior to the date Tenant is to actually surrender the Premises to Landlord, Tenant agrees to give Landlord against reasonable prior notice of not less than twenty (20) days of the exact date Tenant will surrender the Leased Premises so that Landlord and Tenant can schedule a walk through of the Leased Premises to review the condition of the Leased Premises and identify the Trade Fixtures, and any loss unapproved Leasehold Improvements, Alterations, additions or liability resulting from delay by changes which Tenant in so surrendering plans to remove and any repairs Tenant is to make upon surrender of the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLeased Premises.

Appears in 1 contract

Samples: Contract for Deed (National American University Holdings, Inc.)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day Upon termination of this Lease or Tenant’s right to possession of the term hereofLeased Premises, give to Landlord a written notice of intention to Tenant shall peaceably and quietly surrender the leased premises on that dateLeased Premises to Landlord, but nothing contained herein broom-clean and in a good state of repair and condition, excepting only ordinary wear and tear (subject to good maintenance practices), or damage due to fire or other casualty and otherwise in the condition required by this Lease including, without limitation, Section 3.5 hereof. Tenant shall demolish or remove all or any portion of any Trade Fixtures and other property and any alterations, improvements, additions or changes made by Tenant, whether or not the same were constructed with the consent of Landlord, and Tenant shall restore the Leased Premises to such condition as existed prior to the installation of such Trade Fixtures or other property or the making of any such alteration, improvement, addition or change, all such demolition, removal and restoration to be construed as an extension performed in accordance with the conditions set forth in Section 4.2. In addition, in the event required pursuant to any Regulations, upon termination of this Lease or Tenant’s right to possession of the term hereof or as consent of Landlord to Leased Premises, Tenant shall remove any holding over data cabling, all other low voltage wiring from the Leased Premises installed by Tenant, and any specialty build-out installations and shall repair any damage to the Premises or the Building caused by such installation or by such removal. At the end of the term or any renewal thereof or other sooner Upon termination of this Lease, Tenant will peaceably deliver up also surrender to Landlord all keys to the Landlords possession Leased Premises and inform Landlord of the leased premisesall combinations on locks, together with all improvements or additions upon or belonging to the samesafes and vaults, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, removeif any, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLeased Premises.

Appears in 1 contract

Samples: Lease (Entrada Therapeutics, Inc.)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days on or before the last day of the term hereofTerm, give to Landlord a written notice of intention to (i) peaceably and quietly leave, surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver and yield up to the Landlords possession Landlord the Leased Premises, free of the leased premisessub-tenancies, together with all improvements or additions upon or belonging broom clean and, subject to the same, by whosoever madeprovisions of Section 15 hereof, in substantially the same good order and condition as received, or first installed, ordinary except for reasonable wear and tear tear, and damage by fire(ii) at its expense, earthquakeremove from the Leased Premises all movable trade fixtures, act of God or the elements alone excepted. furniture, equipment, and other personal property, provided that Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing promptly repair any damage to the leased caused by such removal. Any of Tenants personal such property not so removed may, at Landlord's election and trade fixtures not removed without limiting Landlord's right to compel removal thereof, be deemed abandoned and either may be retained by Tenant Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. All affixed installations, alterations, additions, betterments and improvements to the Leased Premises made by either Landlord or Tenant, whether at Landlord's or Tenant's expense, including, without limitation, all wiring, paneling, partitions, floor coverings, lighting fixtures, built-in cabinets, bookshelves affixed to walls, and the like shall become the property of Landlord when installed and shall remain with the Leased Premises at the end of the term expiration or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so electsTerm, and except that Landlord shall removehave the right, store by notice to Tenant given when Tenant requests Landlord's approval for such installation, to require Tenant, at its expense, to remove any of such property installed by or at the sole expense of Tenant and disposing to repair any damage caused by such removal. In the event Tenant fails to perform such removal and repair, as aforesaid, Landlord may do the same at the cost of Tenants abandoned personal property and trade fixturesTenant. Tenant The provisions of this Section shall indemnify Landlord against survive any loss expiration or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delaytermination of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Integrated Information Systems Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination On expiration of this Lease, if no Event of Default exists, Tenant will peaceably deliver up to shall surrender the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, Leased Premises in substantially the same condition as received, or first installedwhen the Lease Term commenced, ordinary wear and tear and or damage by fire, earthquake, act of God or the elements alone from casualty excepted. Tenant mayExcept for furnishings, upon the trade fixtures and other personal property installed at Tenant's expense, all alterations, additions or improvements, whether temporary or permanent in character, made in or earlier termination of this Leasethe Lease Term shall remain on the Leased Premises without compensation to Tenant, removeexcept if requested by Landlord, Tenant, at Tenants sole costits expense and without delay, all trade fixtures installed shall remove any alterations, additions or improvements made to the Leased Premises by TenantTenant and designated by Landlord to be removed, title at the time Landlord consented to which shall be in Tenant until such termination, repairing the installation and repair any damage to the leased Leased Premises or the Building caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end shall have no obligation to remove or restore any alterations made as part of the term or other sooner termination initial Tenant build-out. If Tenant fails to repair the Leased Premises, Landlord may complete such repairs and Tenant shall reimburse Landlord for such repair and restoration. Landlord shall have the option to require Tenant to remove all its property. If Tenant fails to remove such property as required under this Lease, Landlord may dispose of this Lease shall be deemed abandoned by the Tenant if Landlord so electssuch property in its sole discretion without any liability to Tenant, and Landlord shall remove, store and disposing further may charge the cost of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delaydisposition to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Management Network Group Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end expiration of any Term or the term or any renewal thereof or other sooner earlier termination of this Lease, Tenant will peaceably deliver up to the Landlords surrender possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially Leased Premises and deliver the same to Landlord in good order, condition as received, or first installedand repair, ordinary wear and tear tear, casualty, condemnation, and damage acts of God excepted, in each case shall automatically vest in, revert to (as applicable) and become the property of Landlord, in each case free and clear of all liens or encumbrances, but without any other representation or warranty by fireTenant and without any compensation to, earthquake, or requirement of consent or other act of God Tenant and without the necessity of executing a deed, xxxx of sale, conveyance, or other act or agreement of Tenant. Upon the elements alone exceptedexpiration or earlier termination of this Lease, Tenant shall have no right to remove any fixtures from the Leased Premises without the express written consent of Landlord. In the event Tenant maydoes not surrender possession of the Leased Premises to Landlord as provided above, Landlord shall use all means to evict Tenant from the Leased Premises. Any improvements installed by Tenant, including without limitation, trade fixtures, furniture, furnishings or other property that are permanently affixed to the Leased Premises shall not be removed by Tenant upon the termination of this LeaseLease and shall automatically become the property of Landlord. All of Tenant’s trade fixtures, removefurniture, at Tenants sole costfurnishings, all trade fixtures installed by and other personal property not permanently affixed to the Leased Premises (collectively referred to as “Tenant, title to which ’s Personal Property”) shall be in and remain the property of Tenant until such terminationduring the Term. During the Term, repairing Tenant shall have the right to remove or dispose of any or all of Tenant’s Personal Property, though Tenant shall repair any damage caused to the leased caused by Leased Premises resulting from such removal. Any of Tenants personal property ; provided, however, that at all times Tenant shall provide and trade fixtures not removed by Tenant at maintain during the end of entire Term such Tenant’s Personal Property as necessary in order to operate the term or other sooner termination Leased Premises in accordance with the terms of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLease.

Appears in 1 contract

Samples: Sublease Agreement

Surrender of Leased Premises. 26.1 Tenant Lessee shall, at least ninety (90) days before the last day of the term hereof, give to Landlord Lessor a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord Lessor to any holding over by TenantLessee. At the end of the term or any renewal thereof or other sooner termination of this Leaselease, Tenant Lessee will peaceably deliver up to the Landlords Lessor possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever whomsoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant Lessee may, upon the termination of this Leaselease, remove, at Tenants Lessee's sole cost, all trade fixtures installed by TenantLessee, title to which shall be in Tenant Lessee until such termination, repairing any damage to the leased premises caused by such removal. Any of Tenants Lessee's personal property and trade fixtures not removed by Tenant Lessee at the end of the term or other sooner termination of this Lease lease shall be deemed abandoned by the Tenant Lessee if Landlord Lessor so elects, and Landlord Lessor shall remove, store and dispose of such personal property and trade fixtures in accordance with law. Lessee shall be liable to Lessor for Lessor's costs incurred in removing, storing and disposing of Tenants Lessee's abandoned personal property and trade fixtures. Tenant Lessee shall indemnify Landlord Lessor against any loss or liability resulting from delay by Tenant Lessee in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant lessee founded on such delay. The voluntary or other surrender of this lease by Lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Lessor, terminate all or any existing subleases or subtenancies, or may, at the option of Lessor, operate as an assignment to it of any or all such subleases or subtenancies.

Appears in 1 contract

Samples: Lease Agreement (Persistence Software Inc)

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Surrender of Leased Premises. 26.1 Tenant shallSubject to sections 2(A) and 2(F) above, at least ninety (90) days before the last day expiration of the term hereoftenancy hereby created, give Tenant shall peaceably surrender the Leased Premises, including all alterations, additions, improvements, and repairs made thereto and shall remove all items installed by Tenant including: all interior partition walls, trade fixtures, trade equipment, signs, any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other similar building operating equipment, decorations and trade personal property (unless Landlord requests in writing that any or all of such items remain). The Leased Premises shall be left broom clean and in good condition and repair. Tenant shall remove all its property not required to be surrendered to Landlord a written notice of intention to surrender before surrendering the leased premises on that date, but nothing contained herein Leased Premises as aforesaid and shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing repair any damage to the leased Leased Premises caused by such removalthereby. Any of Tenants personal property remaining in the Leased Premises at the expiration of the lease period shall be deemed abandoned by Tenant, and trade fixtures Landlord may claim the same and shall in no circumstances have any liability to Tenant therefore. The cost of removing such items, which are abandoned by Tenant, shall be charged to Tenant. Upon termination, Tenant shall also surrender all keys for the Leased Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Leased Premises. If the Leased Premises are not removed by Tenant surrendered at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so electsas hereinabove set out, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premisesLeased Premises, including without limitation, any limitation claims made by any the succeeding Tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term.

Appears in 1 contract

Samples: Commercial Lease Agreement (Helius Medical Technologies, Inc.)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before Upon the last day expiration of the term hereof, give to Landlord a written notice of intention to surrender Term or the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to shall quit and surrender the Landlords possession of the leased premisesLeased Premises in good and orderly condition and repair, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary reasonable wear and tear and damage caused by firefire or other casualty excepted, earthquakeand shall deliver the Leased Premises to Landlord peaceably, act of God together with all alterations, additions, and improvements in, to or on the elements alone exceptedLeased Premises, made by Tenant as permitted under this Lease. Tenant mayLandlord reserves the right, upon the termination subject to Section 9.4 of this Lease, removeto require Tenant, at Tenants sole costits cost and expense, all trade fixtures to remove any interior changes, alterations, additions and improvements in accordance with Section 9.4 hereof, or installed by TenantTenant in violation of this Lease, title to which covenant shall be in Tenant until such termination, repairing any damage survive the surrender and delivery of the Leased Premises as provided hereunder. Prior to the leased caused by such removal. Any expiration of Tenants personal property the Term, Tenant shall remove all of its property, equipment and trade fixtures from the Leased Premises without damage, leaving the Leased Premises in broom-clean condition. All property not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord reserves the right to charge the cost of such removal to Tenant, which obligation shall removesurvive the termination of this Lease and the surrender of the Leased Premises. If the Leased Premises are not surrendered at the termination of the Term, store and disposing of Tenants abandoned personal property and trade fixtures. or if the Leased Premises are damaged, Tenant shall indemnify Landlord against any such loss or liability resulting from the delay by Tenant in so surrendering the leased premisesLeased Premises or the removal of Tenant’s property, including including, without limitation, any claims made by any succeeding Tenant tenant founded on such delaythe delay or damage.

Appears in 1 contract

Samples: Lease Agreement (Caprius Inc)

Surrender of Leased Premises. 26.1 Tenant shallagrees to surrender to Landlord, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or of this Lease and/or upon any renewal thereof or other sooner termination cancellation of this Lease, Tenant will peaceably deliver up to said Leased Premises in as good condition as the Landlords possession Leased Premises were at the beginning of the leased premises, together with all improvements or additions upon or belonging to term of the same, by whosoever made, in substantially the same condition as received, or first installedLease, ordinary wear and tear and damage by firefire or other casualty not caused by Tenant’s negligence, earthquakeexcepted, act of God or the elements alone Tenant agrees that if Tenant does not caused by Tenant’s negligence, excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title agrees that if Tenant does not surrender said Leased Premises to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant Landlord at the end of the term or other sooner termination of this Lease shall be deemed abandoned by Lease, then Tenant will pay to Landlord two (2) times the monthly rent paid in the final month of Tenant’s term hereunder for each month that Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. holds over; in addition Tenant shall indemnify pay all damages that Landlord may suffer on account of Tenant’s failure to so surrender to Landlord harmless from and against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any all claims made by any succeeding tenant of the Leased Premises so far as such delay is occasioned by failure of Tenant founded on to so surrender the Leased Premises in accordance herewith or otherwise. No receipt of money by Landlord from Tenant after termination of this Lease or the service of any suit or final judgment for possession shall reinstate, continue or extend the term of this Lease or affect any such delaynotice, demand, suit or judgment. No act or thing done by Landlord or its agents during the term hereby granted shall be deemed an acceptance of surrender of the Leased Premises and no agreement to accept a surrender of the Leased Premises shall be valid unless it be made in writing and subscribed by a duly authorized officer or agent of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Dyadic International Inc)

Surrender of Leased Premises. 26.1 Tenant shallTENANT hereby agrees that at the expiration or earlier termination of this Lease or extension thereof: a. All alterations, additions, and improvements (including floor coverings), which may be made or installed by MNSCU upon the Leased Premises and which in any manner are attached to the floors, walls or ceilings, at the termination of this lease shall remain the property of MNSCU, and shall remain upon and be surrendered with the Leased Premises as a part thereof, without damage or injury beyond normal wear and tear. If TENANT has specific removal requests for certain alterations, additions and improvements, prior written approval from MNSCU, at MNSCU’s sole discretion at least ninety 15 days prior to lease termination shall be required prior to removal of said items, b. TENANT’s equipment and furniture, including, but not limited to, moveable partitions, modular workstations, shelving units, projection screens, audio-video equipment and/or any program equipment (90) days before hereinafter referred to as “Personal Property”), whether attached to the last day Leased Premises by MNSCU or by TENANT, shall remain the property of TENANT. TENANT shall remove its Personal Property and vacate and surrender possession of the term hereof, give Leased Premises to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over MNSCU by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to day the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, Lease terminates in substantially the same as good condition as received, or first installedwhen TENANT took possession, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted, provided that such property is removed without substantial injury to the Leased Premises. Tenant mayNo injury or damage shall be considered substantial if it is promptly corrected by restoration to the condition prior to the installation of such property or equipment. MNSCU may require TENANT to remove TENANT’s Personal Property from the Leased Premises, upon the at MNSCU’s sole discretion, if MNSCU provides TENANT with written notice at least 15 days prior to termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delaylease.

Appears in 1 contract

Samples: Lease Agreement

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day Section 1. If Lessee holds possession of the term hereof, give to Landlord a written notice of intention to surrender Leased Premises --------- after the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this LeaseLease for any reason, Tenant will peaceably deliver up to Lessee shall pay Lessor double the Landlords possession last monthly rent provided for herein for each month or a portion of the leased premisesa month that Lessee holds over, together with all improvements or additions upon or belonging other changes due hereunder. Such payment of rent shall not create any Lease arrangement whatsoever between Lessor and Lessee, unless expressly agreed to in writing by Lessor. It is further understood that during such period that Lessee holds over, the sameLessor retains all of Lessor's rights under this Lease, by whosoever made, in substantially the same condition including damages as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act a result of God or the elements alone excepted. Tenant may, upon the termination of this LeaseLease and the right to immediate possession of the Leased Premises. This paragraph shall not be construed to grant Lessee permission to hold over. Section 2. At the expiration of the tenancy created hereunder, remove--------- whether by lapse of time or otherwise, at Tenants sole costLessee shall surrender the Leased Premises broom clean, free of tire marks, free of all trade fixtures installed debris and in good condition and repair, reasonable wear and loss by Tenantfire or other unavoidable casualty excepted. Section 3. Prior to surrender of the Leased Premises, title the --------- Leased Premises will be reviewed by a representative of the Lessor and Lessee to which determine if there is any deferred maintenance or unrepaired damage. In the event that there is deferred maintenance and/or unrepaired damage, Lessor may effect such maintenance and repairs, and Lessee will pay the cost thereof. Section 4. Upon the expiration of the tenancy hereby created, --------- if Lessor so requests in writing, Lessee shall be promptly remove any additions, fixtures, cabling for phone lines, fax lines, etc., and installations placed in Tenant until such terminationthe Leased Premises by Lessee that is designated in said request, repairing and repair any damage to the leased caused occasioned by such removal. Any of Tenants personal property removals at its own expense, and trade fixtures not removed by Tenant in default thereof, Lessor may effect such removals and repairs, and Lessee shall pay Lessor the cost thereof, with interest at the end rate of eight (8) percent per annum from the term or other sooner termination date of this Lease shall be deemed abandoned payment by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLessor.

Appears in 1 contract

Samples: Lease Agreement (Pc Connection Inc)

Surrender of Leased Premises. 26.1 Upon the expiration or sooner ---------------------------- termination of the Lease Term, Tenant shallagrees to quit and surrender the Leased Premises, broom-clean, in good condition and repair, ordinary wear and tear excepted, together with all keys and combinations to locks, safes and vaults and all improvements, alterations, additions, lighting fixtures and equipment at any time made or installed in, upon or to the interior or exterior of the leased Premises (except personal property, signs and trade fixtures and equipment put in at Tenant's expense) all of which shall thereupon become the property of Landlord without any claim by Tenant therefor, but the surrender of such Property to Landlord shall not be deemed to be a payment of rent or in lieu of any rent reserved hereunder. Before surrendering the Leased Premises, Tenant shall remove all of Tenant's personal property, signs and trade fixtures and equipment and, at least ninety Landlord's option (90) days before subject to Article 9.1 below), Tenant shall also remove any alterations, additions, fixtures, equipment and decorations at any time made or installed by Tenant in, upon or to the last day interior or exterior of the term hereofLeased Premises, give and Tenant further agrees to repair any damage caused thereby. If Tenant shall fail to remove any of Tenant's personal property and trade fixtures, then at the option of Landlord, either the same shall be deemed abandoned and become the exclusive property of Landlord, or Landlord a shall have the right to remove and store said property, at the expense of Tenant, upon written notice of intention to surrender Tenant and hold Tenant responsible for any and all charges and expense incurred by Tenant therefor. If the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner Leased Premises are not surrendered upon termination of this Lease, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any all loss or liability resulting from the delay by Tenant in so surrendering the leased premisessame, including including, without limitation, any claims made by any succeeding Tenant occupant founded on such delay. Tenant's obligations under this section shall survive the expiration or sooner termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Optika Imaging Systems Inc)

Surrender of Leased Premises. 26.1 9.07.1 Thirty (30) days prior to the surrender of the Leased Premises, the Tenant shall submit to the Landlord a certificate from a qualified Heating and Ventilating Contractor stating that the H.V.A. C. systems for the premises has been inspected and in good repair and working order. If the Tenant fails to submit such certificate to the Landlord within the time period specified herein the Landlord shall perform said inspection, including any required repairs and/or replacements, and the Tenant shall pay to the Landlord immediately upon demand for all costs related to such work. 9.07.2 That at the expiration or sooner termination of the Term, the Tenant shall peaceably surrender and yield up vacant possession of the Leased Premises to the Landlord in the state of condition in which the Leased Premises were provided to the Tenant at or prior to the commencement of the Term, to include but not limited to floor coverings, wall finishes, electrical, mechanical and plumbing systems, ceiling, doors and window coverings, failings, which the Landlord shall restore the premises to such condition and that the Tenant shall be liable and solely responsible for all charges and costs related to such work. The Tenant shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for the payment of Minimum Rent and shall inform the Landlord of all combination of all locks, safes and vaults of any kind in the Leased Premises. The Tenant shall, at least ninety (90) days before however, if requested by the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this LeaseLandlord, remove, at Tenants its sole costcost and expenses, all trade improvements, erections, alterations, fixtures installed by Tenantor other appurtenance made, title placed or erected at any time or times prior to which or during the Term in or on the Leased Premises and shall be in Tenant until such termination, repairing any repair at its sole cost and expense all damage to the leased Leased Premises caused by such their installation and/or removal. Any of Tenants personal property The Tenant's obligation to observe and trade fixtures not removed by Tenant at perform the end of covenant contained in this Paragraph 9.07 shall survive the term expiration or other sooner termination of the Term. The Tenant's restoration work must be completed sixty (60) days prior to the expiry of the Lease. The Landlord shall inspect the premises immediately following this Lease sixty (60) day period, and, should the Tenant have failed to restore the premises to the condition in which they were provided to the Tenant at or prior to the commencement of the Term, the Landlord reserves the right to estimate the cost of the restoration work and the Tenant shall pay to the Landlord, as additional rent, immediately upon demand the full invoice amount. The restoration work shall be deemed abandoned to a state which is marketable, at the Landlord's discretion. If the restoration work, by the Landlord, is performed after the Tenant if Landlord so electsvacates the unit at the expiration of the Term, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. the Tenant shall indemnify pay occupation rent for the restoration period in which the Landlord against any loss or liability resulting from delay is restoring the unit. Occupation rent will be the equivalent to the minimum plus additional rent on a per diem basis until the restoration work is completed by Tenant in so surrendering the leased premisesLandlord, including without limitation, any claims made by any succeeding Tenant founded on such delaynot to exceed sixty (60) days.

Appears in 1 contract

Samples: Industrial Lease (Channell Commercial Corp)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination On expiration of this Lease, if no Event of Default exists, Tenant will peaceably deliver up to shall surrender the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, Leased Premises in substantially the same condition as received, or first installedwhen the Lease Term commenced, ordinary wear and tear and or damage by fire, earthquake, act of God or the elements alone from casualty excepted. Tenant mayExcept for furnishings, trade fixtures and other personal property installed at Tenant's expense, all alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Leased Premises, either by Landlord or Tenant, shall be Landlord's property and at the expiration or earlier termination of this Leasethe Lease Term shall remain on the Leased Premises without compensation to Tenant, removeexcept if requested by Landlord, Tenant, at Tenants sole costits expense and without delay, all trade fixtures installed shall remove any alterations, additions or improvements made to the Leased Premises by TenantTenant designated by Landlord to be removed (such designation by Landlord shall occur at the time Landlord consents to such improvements), title to which shall be in Tenant until such termination, repairing and repair any damage to the leased Leased Premises or the Building caused by such removal. Any If Tenant fails to repair the Leased Premises, Landlord may complete such repairs and Tenant shall reimburse Landlord for such repair and restoration. Landlord shall have the option to require Tenant to remove all its property. If Tenant fails to remove such property as required under this Lease, Landlord may dispose of Tenants personal such property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so electsin its sole discretion without any liability to Tenant, and Landlord shall remove, store and disposing further may charge the cost of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delaydisposition to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Pc Tel Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days On or before the last day expiration of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term Lease Term or any renewal thereof or other sooner earlier termination of this Lease, Tenant will peaceably deliver up shall at its sole expense: (i) surrender to the Landlords Landlord possession of the leased premises, together Leased Premises (including any fixtures or other improvements that are owned by Landlord or that are to remain with all improvements or additions upon or belonging to the same, by whosoever made, Leased Premises as provided in substantially the same condition as received, or first installed, this Lease) in good order and repair (ordinary wear and tear and damage by fireCasualty excepted) and broom clean, earthquaketogether with all keys and combinations to locks, act of God safes and vaults and all improvements, alterations, additions, fixtures and equipment at any time made or the elements alone excepted. Tenant mayinstalled in, upon or to the interior or exterior of the Premises, except Tenant’s personal property and all trade fixtures, all of which shall thereupon become the property of Landlord without any claim by Tenant therefore; (ii) carefully remove (so as not to damage any portion of the Leased Premises) there from all signs, goods, effects, machinery, fixtures and equipment and other items of Tenant's personal property used in conducting Tenant's trade or business which are neither part of the improvements to the Leased Premises nor owned by the Landlord and that are not remain with the Premises as provided in this Lease; and (iii) repair any damage caused by such removal. Additionally, unless Landlord elects, in its sole discretion, by written notice delivered to Tenant within five (5) days after the expiration of earlier termination of this Lease, removeto retain any or all wires, at Tenants sole cost, all trade fixtures cables and similar installations appurtenant thereto (“Wires”) installed by Tenant, title or by Landlord at Tenant’s request or expense, within the Leased Premises or anywhere else in the building in which the Leased Premises are located, including, without limitation, plenums or risers, then Tenant shall remove the Wires within the fifteen (15) day period set forth in the immediately preceding paragraph, and, in connection with such removal, Tenant shall restore the Leased Premises or building to which the condition it was in prior to the installation of the Wires. If Landlord elects to retain any or all of the Wires, such Wires shall be free and clear of all liens and encumbrances. If Tenant elects to discontinue the use of any Wires, but continues to occupy and use the Leased Premises, then Tenant shall so notify Landlord in writing within thirty (30) days of such discontinuation, and Landlord shall have the right, at its sole discretion, to elect to retain such Wires or to have Tenant until such terminationremove the same in accordance with the foregoing provisions of this Subsection B. If Tenant shall fail to remove any of Tenant's personal property, repairing any damage trade fixtures or Wires (to the leased caused extent not retained by Landlord), such removalpersonal property, trade fixtures or Wires shall, at the option of Landlord, either: (i) be deemed abandoned and become the exclusive property of Landlord; or (ii) removed and stored (except Wires may be discarded) by Landlord at the expense of Tenant without further notice to or demand upon Tenant, and Landlord may hold Tenant responsible for any and all charges and expenses incurred by Landlord therefore. Any of Tenants All personal property and trade fixtures not removed by the Tenant at from the end Leased Premises within fifteen (15) days after the earlier to occur of: (i) the expiration of the term or other sooner Lease Term; (ii) the termination of this Lease shall the Lease; or (iii) the date the Tenant abandons the Leased Premises or otherwise ceases to do business therein; will be deemed conclusively presumed to have been abandoned by the Tenant if Landlord so electsand the Landlord, and Landlord shall removemay at the Landlord’s sole option, store and disposing thereafter take possession of Tenants abandoned personal such property and trade fixtures. Tenant shall indemnify either declare the same to be the property of the Landlord against or, at the expense of the Tenant, dispose of such property in any loss or liability resulting from delay by Tenant manner and for whatever consideration the Landlord, in so surrendering the leased premisesits sole discretion, including without limitation, any claims made by any succeeding Tenant founded on such delaydeems advisable.

Appears in 1 contract

Samples: Office Lease (Carrollton Bancorp)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days on or before the last day of the term Term, or upon earlier termination hereof or of Tenant’s right to occupy the Leased Premises in accordance with the terms hereof, give (i) peaceably and quietly leave, surrender and yield up to Landlord a written notice the Leased Premises, free of intention to surrender the leased premises on that datesubtenancies, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, broom clean and in substantially the same good order and condition as received, or first installed, ordinary except for reasonable wear and tear tear, and damage by fire(ii) at its expense, earthquakeremove from the Leased Premises all movable trade fixtures, act of God or the elements alone excepted. furniture, equipment, and other personal property, provided that Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing promptly repair any damage to the leased caused by such removal. Any of Tenants personal such property not so removed may, at Landlord’s election and trade fixtures not removed without limiting Landlord’s right to compel removal thereof, be deemed abandoned and either may be retained by Tenant Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. All affixed installations, alterations, additions, betterments and improvements to the Leased Premises made by either Landlord or Tenant, whether at Landlord’s or Tenant’s expense, including, without limitation, all wiring, paneling, partitions, floor coverings, lighting fixtures, built-in cabinets, bookshelves affixed to walls, and the like shall become the property of Landlord when installed and shall remain with the Leased Premises at the end of the term expiration or other sooner termination of the Term, except that Landlord shall have the right (subject to the terms of Section 22(a) below), by written notice to Tenant (delivered at the time that Landlord approves any of the foregoing in accordance with the terms of this Lease if the foregoing are so approved, except as provided in Paragraph II.1 of Exhibit B to the Lease), to require Tenant, at its expense, to remove any of such property installed by or at the sole expense of Tenant or other remaining property objectionable to Landlord and to repair any damage caused by such removal. In the event Tenant fails to perform such removal and repair, as aforesaid, Landlord may remove any property of Tenant from the Leased Premises and store the same elsewhere, all at the expense and risk of Tenant. The provisions of this Section shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing survive any expiration or termination of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delaythis Lease.

Appears in 1 contract

Samples: Deed of Lease (Trex Co Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day Upon termination of this Lease or Tenant’s right to possession of the term hereofLeased Premises, give to Landlord a written notice of intention to Tenant shall peaceably and quietly surrender the leased premises on Leased Premises to Landlord, broom-clean and in a good state of repair and condition, excepting only ordinary wear and tear (subject to good maintenance practices), or damage due to fire or other insured casualty (which other insured casualty shall not be due to the neglect, act, omission or default of Tenant or any person claiming by, through or under Tenant). Except to the extent that datethe Landlord agrees in writing that particular items will not need to be demolished, removed or restored, upon request of Landlord, Tenant shall demolish or remove all or any portion of any Trade Fixtures and other property and any alterations, improvements, additions or changes made by Tenant and Tenant shall restore the Leased Premises to such condition as existed prior to the [ * ] Indicates that information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. installation of such Trade Fixtures or other property or the making of any such alteration, improvement, addition or change, all such demolition, removal and restoration to be performed in accordance with the conditions set forth in Section 4.2 (b). Landlord agrees that Tenant shall not be requested to demolish usual office improvements for clerical offices, but nothing contained herein shall be construed as an extension of reserves the term hereof right to require removal (and restoration to a clean shell condition, including without limitation, with walls patched and paint ready, and with electrical and other utility lines appropriately boxed and terminated) with respect to other improvements (e.g., and without limitation, such kitchens, baths, raised floors, and computer related improvements hereafter installed and, if hereafter relocated or as consent of Landlord to any holding over by Tenantsignificantly modified, the existing fire suppression system). At the end of the term or any renewal thereof or other sooner Upon termination of this Lease, Tenant will peaceably deliver up also surrender to Landlord all keys to the Landlords possession Leased Premises and inform Landlord of the leased premisesall combinations on locks, together with all improvements or additions upon or belonging to the samesafes and vaults, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, removeif any, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLeased Premises.

Appears in 1 contract

Samples: Standard Office Lease Agreement (Boston Beer Co Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before At the last day expiration of the term hereoftenancy hereby ---------------------------- created, give to Landlord a written notice of intention to Tenant shall peaceably surrender the leased premises on Leased Premises, including all alterations, additions, improvements and repairs made thereto; all interior partition walls; any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other similar building operating equipment (unless Landlord requests in writing that date, but nothing contained herein any or all of such items be removed and the Premises returned to the original condition that existed at the time of the Lease Commencement Date. The Leased Premises shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Leaseleft broom clean and in good condition and repair, Tenant will peaceably deliver up to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary reasonable wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant mayshall remove all its property not required to be surrendered to Landlord before surrendering the Leased Premises (including trade fixtures, upon the termination of this Leasetrade equipment, removesigns, at Tenants sole cost, all decorations and trade fixtures installed by Tenant, title to which personal property) as aforesaid and shall be in Tenant until such termination, repairing repair any damage to the leased Leased Premises caused by such removalthereby. Any of Tenants personal property remaining in the Leased Premises at the expiration of the lease period shall be deemed abandoned by Tenant, and trade fixtures not removed Landlord may claim the same and shall in no circumstances have any liability to Tenant therefor. The cost of removing such items which are abandoned by Tenant shall be charged to Tenant. Upon termination, Tenant shall also surrender all keys for the Leased Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Leased Premises. All utilities are to be transferred into Landlord's name, effective the date of Surrender. In no event shall the utility service ever be turned off. If services are terminated, Tenant shall be solely responsible for any resulting damage to the Premises. If the Leased Premises are not surrendered at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so electsas hereinabove set out, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premisesLeased Premises, including without limitation, any limitation claims made by any the succeeding Tenant tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term.

Appears in 1 contract

Samples: Lease Agreement (First Chester County Corp)

Surrender of Leased Premises. 26.1 Tenant shallOperator shall have the right, but not the obligation, except as provided in Section 2(a) above, at any time, from time to time, to release all or any part of the Leased Premises of which are not part of the Storage Premises as set forth herein by filing a release of the Leased Premises, or partial release of such portions of the Leased Premises, in the real property records in the county in which the Leased Premises are situated. In releasing acreage, Operator shall not maintain other acreage within the Leased Premises so amalgamated with such released acreage unless Operator reasonably believes the remaining Leased Premises can form part of at least ninety one viable Storage Reservoir without necessarily requiring said released acreage. Upon filing of such release, this Agreement shall terminate as to such portion of the Leased Premises, and Operator shall be released from all further obligations and duties as to the Leased Premises so released, including, without limitation, any obligation to make payments provided for herein, except obligations accrued as of the date of the release. In the event that this Agreement is terminated or released in whole or in part, Operator shall execute a release of such portions to be released from this Agreement to Owner immediately. In the event that Operator fails to execute and record a Release of Lease as provided for in this Section within thirty (9030) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof expiration or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up Owner may either (i) evidence the termination of this Lease by filing an affidavit with the county recorder or registrar of titles attesting to the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to or (ii) seek action against Operator in the courts located in the county in which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term premises are situated in order to obtain a release or other sooner termination of this Lease and quiet title to the leased premises or any portion thereof for which this Lease has been terminated. In the event that Owner finds it necessary to hire an attorney to enforce Owner’s rights under this Section and prevails (whether or not suit is actually filed), Operator shall be deemed abandoned by the Tenant if Landlord so electsreimburse attorney’s fees, costs, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant expenses reasonably incurred in so surrendering connection with establishing Owner’s right to quiet title to the leased premises, including without limitation, premises or any claims made by any succeeding Tenant founded on such delayportion thereof for which this Lease has been terminated.

Appears in 1 contract

Samples: Pore Space Lease and Carbon Dioxide Storage Easement Agreement

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by TenantSECTION 1. At the end of the term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to the Landlords If Lessee holds possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon Leased Premises after the termination of this Lease for any reason not authorized by the Lessor, Lessee shall pay Lessor one hundred fifty percent (150%) of the rent provided for herein for such period that Lessee holds over, but such payment of rent shall not create any Lease arrangement whatsoever between Lessor and Lessee, unless expressly agreed to in writing by Lessor. It is further understood that during such period that Lessee holds over, the Lessor retains all of Lessor's rights under this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end including damages as a result of the term or other sooner termination of this Lease and the right to immediate possession of the Leased Premises. This paragraph shall not be deemed abandoned construed to grant Lessee permission to hold over. SECTION 2. At the expiration of the tenancy created hereunder, whether by lapse of time or otherwise, Lessee shall surrender the Leased Premises broom clean, free of tire marks, free of all debris and in good condition and repair, reasonable wear and loss by fire or other unavoidable casualty excepted. SECTION 3. Prior to surrender of the Leased Premises, the Leased Premises will be reviewed by a representative of the Lessor and Lessee to determine if there is any deferred maintenance or unrepaired damage. Lessee shall have the option to effect such maintenance and repairs. In the event that there is deferred maintenance and/or unrepaired damage not taken care of by Lessee, then Lessor may effect such maintenance and repairs and Lessee will pay the cost thereof. SECTION 4. Upon the expiration of the tenancy hereby created, if Lessor so requests in writing, Lessee shall promptly remove any additions (not to include permitted Tenant if Landlord so electsImprovements), signs, fixtures and installations placed in the Leased Premises by Lessee that is designated in said request, AND REPAIR ANY DAMAGE occasioned by such removals at its own expense, and Landlord in default thereof, Lessor may effect such removals and repairs, and Lessee shall removepay Lessor the cost thereof, store and disposing with interest at the rate of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting eight (8) percent per annum from delay the date of payment by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLessor.

Appears in 1 contract

Samples: Lease Agreement (Micro Warehouse Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination expiration of this Lease, except for changes made by Tenant will peaceably deliver up to the Landlords possession that were approved by Landlord and Alterations for which Landlord’s approval was not required, including without limitation all or any part of the leased premisesTenant Improvements, together with all improvements or additions upon or belonging to the sameSkullcandy Retail Facility and/or the Skullcandy Skatepark Facility, by whosoever made, Tenant shall surrender the Leased Premises in substantially the same condition as receivedcondition, or first installed, ordinary reasonable wear and tear and damage by fire, earthquake, act of God or the elements alone excepted, as they were in upon delivery of possession thereto under this Lease and shall deliver all keys to Landlord. Before surrendering the Leased Premises, Tenant may, upon the termination shall remove all of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants its personal property and trade fixtures and such property or the removal thereof shall in no way damage the Leased Premises, and Tenant shall be responsible for all costs, expenses and damages incurred in the removal thereof. As indicated, and without limitation, Tenant shall not removed by be required to remove any Tenant at the end Improvements or Alterations, including any cabling, signage (except as expressly required herein), telecommunication or security systems or, further, any part or all of the term or other sooner termination Skullcandy Retail Facility and/or the Skullcandy Skatepark Facility; provided that, at Tenant’s option and so long as Tenant shall repair any damage caused by any such removal (reasonable wear and tear, and damage by the elements, excepted), Tenant shall have the right, but not the obligation, to remove the Skullcandy Skatepark Facility. If Tenant fails to remove its personal property and fixtures within ten (10) business days following the expiration of this Lease Lease, the same shall be deemed abandoned by and shall become the Tenant if Landlord so elects, and Landlord shall remove, store and disposing property of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLandlord.

Appears in 1 contract

Samples: Lease Agreement (Skullcandy, Inc.)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days on or before the last day of the term Term, or upon earlier termination hereof or of Tenant's right to occupy the Leased Premises in accordance with the terms hereof, give (i) peaceably and quietly leave, surrender and yield up to Landlord a written notice the Leased Premises, free of intention to surrender the leased premises on that datesubtenancies, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this Leasebroom clean and, Tenant will peaceably deliver up subject to the Landlords possession provisions of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever madeSection 13 hereof, in substantially the same good order and condition as received, or first installed, ordinary except for reasonable wear and tear tear, and damage by fire(ii) at its expense, earthquakeremove from the Leased Premises all movable trade fixtures, act of God or the elements alone excepted. furniture, equipment, and other personal property, provided that Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing promptly repair any damage to the leased caused by such removal. Any of Tenants personal such property not so removed may, at Landlord's election and trade fixtures not removed without limiting Landlord's right to compel removal thereof, be deemed abandoned and either may be retained by Tenant Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. All affixed installations, alterations, additions, betterments and improvements to the Leased Premises made by either Landlord or Tenant, whether at Landlord's or Tenant's expense, including, without limitation, all wiring, paneling, partitions, floor coverings, lighting fixtures, built-in cabinets, bookshelves affixed to walls, and the like shall become the property of Landlord when installed and shall remain with the Leased Premises at the end of the term expiration or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so electsTerm, and except that Landlord shall removehave the right, by notice to Tenant, to require Tenant, at its expense, to remove any of such property installed by or at the sole expense of Tenant or other remaining property objectionable to Landlord and to repair any damage caused by such removal. In the event Tenant fails to perform such removal and repair, as aforesaid, Landlord may remove any property of Tenant from the Leased Premises and store the same elsewhere at the expense and disposing risk of Tenants abandoned personal property and trade fixturesTenant. Tenant The provisions of this Section shall indemnify Landlord against survive any loss expiration or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delaytermination of this Lease.

Appears in 1 contract

Samples: Deed of Lease (Noosh Inc)

Surrender of Leased Premises. 26.1 Notwithstanding anything to the contrary in the Lease, Tenant shallshall not be obligated to remove any alterations or improvements (including without limitation attached fixtures and floor coverings) made to the Leased Premises that are permitted under the Lease. Landlord shall give Tenant notice ("Post-Surrender Notice") of any repairs for which Xxxxxx is responsible under this Lease within ten (10) days after the expiration of the Term. Failure to timely send such Post-Surrender Notice shall be deemed acceptance of the Leased Premises on the expiration date in its then as-is condition. If Landlord timely provides the Post- Surrender Notice, then Tenant shall promptly (but no later than ten (10) days after the date of the Post-Surrender Notice or such longer period as shall be reasonably necessary using due diligence), make the repair(s) set forth in the Post-Surrender Notice that are required by the Lease. Tenant's failure to timely make said repair shall not be deemed an act giving rise to holdover, but shall be a default under the Lease, and shall be curable by Landlord, at least ninety (90) days before Xxxxxxxx's option, with Xxxxxx being responsible to reimburse Landlord for the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of reasonable actual costs incurred by Landlord to any cure the same. If Tenant has materially and substantially vacated the Leased Premises in accordance with the Lease, then Tenant shall not be deemed to be holding over simply by virtue of personal property remaining in the Leased Premises and/or Tenant's failure to timely make a repair. At All personal property not removed by the end of the term Term shall be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without further notice to Tenant and without any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up obligation to account for such items (except any remaining signage shall be destroyed rather than reused). Tenant's failure to timely make a required repair by the Landlords possession expiration of the leased premises, together with all improvements or additions upon or belonging to Term shall be a default under the same, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to Lease which shall be in Tenant until such terminationcurable by Landlord, repairing any damage to the leased caused by such removalat Landlord's option and at Tenant's expense. Any The provisions of Tenants personal property and trade fixtures not removed by Tenant at this paragraph shall survive the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayTerm.

Appears in 1 contract

Samples: Lease Agreement (Generation Income Properties, Inc.)

Surrender of Leased Premises. 26.1 Upon termination of this Lease or Tenant’s right to possession xx xxx Leased Premises, Tenant shallshall peaceably and quietly surrender the Leased Premises to Landlord, at least ninety broom-clean and in a good state of repair and condition, excepting only ordinary wear and tear (90) days before subject to good maintenance practices), or damage due to fire or other casualty and otherwise in the last day condition required by this Lease including, without limitation, Section 3.5 hereof. Tenant shall demolish or remove all or any portion of any Trade Fixtures and other property and any alterations, improvements, additions or changes made by Tenant, whether or not the same were constructed with the consent of Landlord, and Tenant shall restore the Leased Premises to such condition as existed prior to the installation of such Trade Fixtures or other property or the making of any such alteration, improvement, addition or change, all such demolition, removal and restoration to be performed in accordance with the conditions set forth in Section 4.2. In addition, in the event required pursuant to any Regulations, upon termination of this Lease or Tenant’s right to possession of the term hereofLeased Premises, give to Landlord a written notice of intention to surrender Tenant shall remove any data cabling, all other low voltage wiring from the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over Leased Premises installed by Tenant, and any specialty build-out installations and shall repair any damage to the Premises or the Building caused by such installation or by such removal. At the end of the term or any renewal thereof or other sooner Upon termination of this Lease, Tenant will peaceably deliver up also surrender to Xxxxxord all keys to the Landlords possession Leased Premises and inform Landlord of the leased premisesall combinations on locks, together with all improvements or additions upon or belonging to the samesafes and vaults, by whosoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant may, upon the termination of this Lease, removeif any, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLeased Premises.

Appears in 1 contract

Samples: Lease Agreement (Entrada Therapeutics, Inc.)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination On expiration of this Lease, if no Event of Default exists, Tenant will peaceably deliver up to shall surrender the Landlords possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever made, Leased Premises in substantially the same condition as received, or first installedwhen the Lease Term commenced, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant mayExcept for furniture, equipment and trade fixtures other than those which are affixed to the Leased Premises so that they cannot be removed without material damage to the Leased Premises and other than utility installations, all alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Leased Premises, either by Landlord or Tenant, shall be Landlord's property and at the expiration or earlier termination of this Leasethe Lease or any Renewal Term shall remain on the Leased Premises without compensation to Tenant. Landlord may dispose of such property abandoned by Tenant pursuant to law, removeprovided that, if Landlord requests in writing, Tenant shall, at Tenants sole costits expense and without delay, remove any alterations, additions or improvements, including, without limitation all trade fixtures installed telecommunications equipment and cabling, whether or not these items are part of the Leasehold Improvements, and all alterations and improvements made by TenantTenant after the Lease Commencement Date, title that are not defined as Landlord's property made to which shall the Leased Premises by Tenant and designated by Landlord to be in Tenant until such terminationremoved, repairing and repair any damage to the leased Leased Premises or the Building caused by such removal. Any If Tenant fails to repair the Leased Premises, Landlord may complete such repairs and Tenant shall reimburse Landlord for such repairs and restoration. If Tenant fails to remove such property as required under this Lease, Landlord may dispose of Tenants personal such property abandoned by Tenant pursuant to law. Notwithstanding the foregoing, however, the parties acknowledge and trade fixtures agree that (i) Tenant shall remove all telecommunications equipment and cabling at the end of the Lease Term, (ii) all initial Leasehold Improvements (other than telecommunications equipment and cabling) constructed pursuant to the Work Letter Agreement in Schedule 5 shall not be removed by Tenant and will remain part of the Leased Premises at the end of the Lease Term, and (iii) Landlord shall deliver notice to Tenant, during Landlord's review of the plans and specifications for any future alterations, additions or improvements to the Leased Premises, whether such alterations, additions or improvements must be removed by Tenant at the end of the term Lease Term or other sooner termination shall remain part of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLeased Premises.

Appears in 1 contract

Samples: Lease (American River Bankshares)

Surrender of Leased Premises. 26.1 Tenant Lessee shall, at least ninety (90) days before the last day of the term hereof, give to Landlord Lessor a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord Lessor to any holding over by TenantLessee. At the end of the term or any renewal thereof or other sooner termination of this Leaselease, Tenant Lessee will peaceably deliver up to the Landlords Lessor possession of the leased premises, together with all improvements or additions upon or belonging to the same, by whosoever whomsoever made, in substantially the same condition as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant Lessee may, upon the termination of this Leaselease, remove, at Tenants Lessee's sole cost, all trade fixtures installed by TenantLessee, title to which shall be in Tenant Lessee until such termination, repairing any damage to the leased premises caused by such removal. removal Any of Tenants Lessee s personal property and trade fixtures not removed by Tenant Lessee at the end of the term or other sooner termination of this Lease lease shall be deemed abandoned by the Tenant Lessee if Landlord Lessor so elects, and Landlord Lessor shall remove, store and dispose of such personal property and trade fixtures in accordance with law, Lessee shall be liable to Lessor for Lessor's costs incurred in removing, storing arid disposing of Tenants Lessee's abandoned personal property and trade fixtures. Tenant Lessee shall indemnify Landlord indemnity Lessor against any loss or liability resulting from delay by Tenant Lessee in so surrendering the leased premises, . including without limitation, . any claims made by any succeeding Tenant lessee founded on such delay. The voluntary or other surrender of this lease by Lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Lessor, terminate all or any existing subleases or subtenancies. or may, at the option of Lessor, operate as an assignment to it of any or all such subleases or subtenancies.

Appears in 1 contract

Samples: Lease Agreement (Tangible Asset Gallaries Inc)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90a) days before Upon the last day expiration or earlier termination of the term hereof, give to Landlord a written notice of intention to surrender the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination Lease Term of this Lease, Tenant will peaceably deliver up shall quit and surrender to Landlord the Landlords possession of the leased premises, together Leased Premises constructed by Landlord as provided in Schedule B in compliance with all improvements or additions upon or belonging to the samegovernmental regulations as mentioned herein, by whosoever madebroom clean and in good order, in substantially the same condition as received, or first installed, of the Commencement Date excepting ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone exceptedinsured casualty. Tenant mayshall repair any damage done by the installation or removal of its personal property or other installations as directed by Landlord. Further, Tenant shall remove (i) all its signage from the walls and doors of the Building and/or Leased Premises and shall restore such walls or doors to the condition they were in prior to the installation of Tenant’s signage (ii) all cable and/or wiring abandoned or to be abandoned by Tenant within the Leased Premises as necessary to comply with current code, rule or regulation, (iii) all debris from the Leased Premises and Leased Premises including the cleaning up of the dumpster area(s) and loading dock areas, and (iv) all dumpsters or garbage containers. (b) Unless sooner terminated, during the last six (6) months of the Term Landlord will inspect the Leased Premises and advise Tenant of the work required to place the Leased Premises in condition for surrender pursuant to the terms of this Paragraph 27. Landlord’s advice shall be subject to circumstances or events occurring between the date of the inspection and the date of surrender, as to which Landlord reserves all rights. (c) If Tenant fails to surrender the Leased Premises as required by this Xxxxxxxxx 00, Xxxxxxxx may make any repairs or take other actions so as to perform the obligations of Tenant and the costs and expenses shall be reimbursed to Landlord by Tenant upon demand. Additionally, if as a result of the fact that Tenant does not surrender on the Leased Premises in the condition required by this Paragraph 27, work is required to be performed, whether by Tenant or Landlord, in or about the Leased Premises following the expiration or earlier termination of the Term, Tenant shall be deemed to be a holdover tenant and shall be liable to Landlord for payment of holdover rent as provided in Paragraph 21 of this Lease. (d) Tenant’s obligations under this Paragraph shall survive the expiration or earlier termination of this Lease, remove, at Tenants sole cost, all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removal. Any of Tenants personal property and trade fixtures not removed by Tenant at the end of the term or other sooner termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delay.

Appears in 1 contract

Samples: Lease Agreement (PharMEDium Healthcare Holdings, Inc.)

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day No act by Landlord shall be deemed an acceptance of a surrender of the term hereofLeased Premises, give and no agreement to Landlord accept a written notice surrender of intention to surrender the leased premises on that date, but nothing contained herein Leased Premises shall be construed as an extension of the term hereof or as consent of Landlord to any holding over valid unless it is in writing and signed by TenantLandlord. At the end of the term expiration or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably shall deliver up to Landlord the Landlords possession of the leased premises, together Leased Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Leased Premises by Tenant or additions upon or belonging to any Tenant Party during the sameTerm, by whosoever madebroom-clean, in substantially the same condition as received, or first installed, ordinary reasonable wear and tear (and damage condemnation and casualty damage, as to which Section 16 and Section 17 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Tenant’s Buildings by fireXxxxxx. Additionally (and as also set forth in section 4.3(e) above), earthquakeLandlord will not require removal of any Initial Construction or Alterations at termination of the Lease except to the extent that there may be items that are specialized to the use of Tenant. If Landlord requires such removal, act Tenant shall at its sole cost and expense, forthwith and with all due diligence (but in any event not later than the expiration date or date of God earlier termination of the Lease), remove all or any such selected specialized-use portion(s) of the elements alone exceptedInitial Construction and/or Alterations made by Tenant which are designated by Landlord to be removed and repair and restore the Leased Premises in a good and workmanlike manner to a condition ready for general commercial rental use. Without limiting the foregoing, Tenant shall, at Landlord’s option, remove any improvements that were not in compliance with applicable building codes when constructed. Tenant may, upon the termination of this Lease, remove, at Tenants sole cost, shall repair all trade fixtures installed by Tenant, title to which shall be in Tenant until such termination, repairing any damage to the leased caused by such removalremovals. Any All of Tenants Tenant’s trade fixtures, furniture, and personal property and trade fixtures not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost without prior notice to Tenant and without any obligation to account for such items except to the extent Landlord seeks to impose charges upon Tenant in connection with disposal, in which case Landlord shall provide to Tenant a written inventory as to those items to be disposed-of no less than seven calendar days before disposing of them, and then during such seven days Landlord shall permit Tenant to retrieve and/or remove such item(s); any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 9. If Tenant fails to remove by the expiration of the Term any of the items described in this Section 10 that Landlord has instructed Tenant to remove (or, as applicable, if Tenant does not remove any item(s) subject to the seven-day notice described above in this paragraph), Landlord may at its option perform such removal and any repair work required in conjunction with same, and Tenant shall pay to Landlord on demand, as Rent hereunder, the cost of such removal and repairs plus interest at the end rate which is the lesser of ten percent (10%) per annum or the maximum rate of interest allowed by law, such interest to accrue continuously from the later of the term date notice of payment by Landlord is made or other sooner the date of payment by Landlord, until repayment by Xxxxxx. The provisions of this Section 10 shall survive the expiration or earlier termination of this Lease shall be deemed abandoned by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delayLease.

Appears in 1 contract

Samples: Funding Agreement

Surrender of Leased Premises. 26.1 Tenant shall, at least ninety (90) days before the last day Section 1. If Lessee holds possession of the term hereof, give to Landlord a written notice of intention to surrender Leased Premises after --------- the leased premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant. At the end of the term or any renewal thereof or other sooner termination of this LeaseLease for any reason, Tenant will peaceably deliver up to Lessee shall pay Lessor 150% the Landlords possession last monthly rent provided for herein for each month or a portion of the leased premisesa month that Lessee holds over, together with all improvements or additions upon or belonging other charges due hereunder. Such payment of rent shall not create any Lease arrangement whatsoever between Lessor and Lessee, unless expressly agreed to in writing by Lessor. It is further understood that during such period that Lessee holds over, the sameLessor retains all of Lessor's rights under this Lease, by whosoever made, in substantially the same condition including damages as received, or first installed, ordinary wear and tear and damage by fire, earthquake, act a result of God or the elements alone excepted. Tenant may, upon the termination of this LeaseLease and the right to immediate possession of the Leased Premises. This paragraph shall not be construed to grant Lessee permission to hold over. Section 2. At the expiration of the tenancy created hereunder, remove--------- whether by lapse of time or otherwise, at Tenants sole costLessee shall surrender the Leased Premises broom clean, free of tire marks, free of all trade debris and in good condition and repair, reasonable wear and loss by fire or other unavoidable casualty excepted. Section 3. Prior to surrender of the Leased Premises, the Leased --------- Premises will be reviewed by a representative of the Lessor and Lessee to determine if there is any deferred maintenance or unrepaired damage which the Lessee was responsible to perform. In the event that there is such deferred maintenance and/or unrepaired damage, Lessor may effect such maintenance and repairs, and Lessee will pay the cost thereof. Section 4. Upon the expiration of the tenancy hereby created, if --------- Lessor so requests in writing, Lessee shall promptly remove any additions, fixtures installed and installations placed in the Leased Premises by TenantLessee that is designated in said request, title to which shall be in Tenant until such termination, repairing and repair any damage to the leased caused occasioned by such removal. Any of Tenants personal property removals at its own expense, and trade fixtures not removed by Tenant in default thereof, Lessor may effect such removals and repairs, and Lessee shall pay Lessor the cost thereof, with interest at the end rate of eight (a) percent per annum from the term or other sooner termination date of this Lease shall be deemed abandoned payment by the Tenant if Landlord so elects, and Landlord shall remove, store and disposing of Tenants abandoned personal property and trade fixtures. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the leased premises, including without limitation, any claims made by any succeeding Tenant founded on such delay.Lessor

Appears in 1 contract

Samples: Lease Agreement (Prestolite Electric Inc)

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