Surrender of Original Premises. (a) On a date selected by Tenant (and of which Tenant shall provide to Landlord at least two (2) Business Days’ prior notice) and occurring not earlier than the date immediately succeeding the date of Substantial Completion of the Phase II Landlord’s 20th/21st Floor Work and not later than the date two (2) weeks after the date of Substantial Completion of the Phase II Landlord’s 20th/21st Floor Work (the “Outside Surrender Date”), the Original Lease, as amended by this Amendment, and the term thereof, shall end and expire as respects the Original Premises only, as fully and completely as if the Surrender Date were the date fixed in the Original Lease for the end and expiration thereof; and Tenant shall surrender the Original Premises to Landlord in the condition required pursuant to the Original Lease (subject, however, to the following provisions of this Section 6.1) and Landlord shall accept such surrender (the date of actual surrender by Tenant of the Original Premises in accordance with the provisions hereof, the “Surrender Date”). If the Surrender Date shall not occur on the last day of a calendar month, then the Rent payable in respect of the Original Premises for the month in which the Surrender Date occurs shall be prorated for the number of days that occur within said month. In no event shall Tenant fail to so vacate and surrender the Original Premises by the Outside Surrender Date. The provisions of the first sentence of this Section 6.1(a) to the contrary notwithstanding, and the provisions of Section 5.3 (and any other provision) of the Original Lease to the contrary notwithstanding: (i) Tenant shall not remove from the Original Premises the following items existing in the Original Premises on the date hereof, and simultaneously with the surrender of the Original Premises by Tenant to Landlord such items shall be surrendered by Tenant to Landlord and shall be the property solely of Landlord (without payment of any consideration therefor by Landlord): (1) the reception gate and reception desk, (2) the cabinetry and appliances (refrigerator and dishwasher, but not the microwave) in the pantry, (3) the two supplemental air conditioning systems, (4) the ADA compliant private bathroom, (5) built in shelving in the mail/copy room, (5) desk/shelves in the IT room, plywood mounted on wall in the IT room, (6) printer/fax platforms over convectors, and (7) conference room drop-down screen and white board (the items described in subclauses (1), (2), (3), ...
Surrender of Original Premises. (a) Within three (3) days after the Expansion Date, Tenant shall surrender possession of the Building Eight Premises in broom clean condition, with all of Tenant’s furniture, equipment, personal property and other contents removed, and otherwise in the condition required by the Building Eight Lease. Tenant is solely responsible for moving the furniture currently located in the Building Eight Premises to the Building Seven Premises.
(b) Tenant shall continue to pay all sums due under the Building Eight Lease for the Building Eight Premises until possession of the Building Eight Premises is surrendered to Landlord as required by the Building Eight Lease and this Amendment (the “Surrender Date”). Upon such surrender, the Building Eight Lease shall terminate and the parties shall have no further liability under the Building Eight Lease except for: (1) all sums due from Tenant under the Building Eight Lease for the Building Eight Premises prior to the Surrender Date and for reconciliation of electric charges and prorata charges under the Building Eight Lease prior to the Surrender Date (even if billed to Tenant after the Surrender Date but for the period prior to the Surrender Date); and (2) the “Surviving Liabilities” which means all liabilities, obligations and duties arising out of claims by persons or entities other than Landlord or Tenant (for example, but without limitation, claims for bodily injury or property damage by third parties).
Surrender of Original Premises. Tenant hereby agrees to vacate the Original Premises and surrender and deliver exclusive possession of the Original Premises to Landlord on or before the New Premises Commencement Date in accordance with the provisions of the Lease and thereafter, Tenant shall have no further obligations with respect to the Original Premises except that Tenant shall remain liable with respect to the period of its tenancy with respect to the Original Premises prior to the New Premises Commencement Date for the performance of all of its obligations under the Lease (including, without limitation, Tenant's payment of reconciliation of Tenant's Share of Building Direct Expenses with respect to the Original Premises). In the event that Tenant retains possession of the Original Premises or any part thereof after the New Premises Commencement Date and/or fails to surrender possession of the Original Premises to Landlord in accordance with terms of the Original Lease, as hereby amended, then the terms an conditions of the Lease, including without limitation, Article 16 of the Lease, shall apply.
Surrender of Original Premises. Tenant shall surrender the Original Premises to Landlord within ten (10) business days after the date on which the Tenant Improvements in the Substitute Premises have been Substantially Completed. The Original Premises shall be surrendered by Tenant in the condition required by Paragraph 20.
Surrender of Original Premises. Thirty days after the Relocation Delivery Date, Xxxxxx’s possession of the Original Premises shall terminate, and Tenant shall surrender to Landlord the Original Premises in accordance with the terms of the Lease, including without limitation Section 26.1, and Tenant shall surrender to Landlord all keys in Tenant’s possession to the Original Premises. Thereafter, each of the parties shall be relieved of their respective obligations under the Lease with respect to the Original Premises, except for those respective obligations and indemnifications which arose in connection with the Original Premises prior to the Relocation Delivery Date.
Surrender of Original Premises. Tenant hereby agrees to surrender the Original Premises (as shown outlined on EXHIBIT A attached to the Lease) to Landlord on April 30, 2005 at 11:59 PM (the "Original Premises Surrender Date") in accordance with the terms of the Lease including, but not limited to, Section
Surrender of Original Premises. As of the New Premises Commencement Date, Tenant shall surrender the Original Premises in accordance with the terms and provisions of the Original Lease, including but not limited to, Section 16 of the Original Lease, Surrender. If the Tenant fails to surrender the Original Premises as required herein, Tenant shall be in default of the Lease and subject to all of the terms and conditions of Section 17 and Section 18 of the Original Lease, including, without limitation, the payment of holdover rent for the Original Premises.
Surrender of Original Premises. Tenant shall have the right to continue to occupy the Original Premises for two (2) weeks after the Second Commencement Date (such last day of permitted occupancy being the “Last Occupancy Date”), but shall have no obligation to pay Minimum Annual Rent or Annual Operating Expenses on account of the Original Premises attributable to time periods occurring after the Second Commencement Date; provided, however, that if Tenant fails to surrender the Original Premises to Landlord on or before the Last Occupancy Date, such time being of the essence, Tenant shall be obligated to pay to Landlord Minimum Annual Rent at one and one-half (1 1/2) times the rate presently applicable to the Original Premises, plus Annual Operating Expenses, for all time periods commencing on the Last Occupancy Date and ending on the date that Tenant surrenders the Original Premises to Landlord as required herein. During all time periods after the Second Commencement Date that Tenant continues to use or occupy any portion of the Original Premises the Lease shall continue to govern the rights and obligations of the parties with regard to the Original Premises, excepting only as to Tenant’s obligation to pay Minimum Annual Rent and Annual Operating Expenses. Within ten (10) days after Tenant surrenders the Original Premises to Landlord, Landlord shall pay to Tenant a termination payment relating to the Original Premises in the amount of $100,000.00, from which Landlord may deduct any sums owed by Tenant to Landlord at such time.
Surrender of Original Premises. Tenant acknowledges and agrees that, within five (5) business days after the New Premises Commencement Date (as hereinafter defined), Tenant shall vacate and surrender the Original Premises, vacant, broom clean and free of debris and shall repair any damage to the Original Premises resulting from the removal of Tenant’s fixtures, furniture, equipment and other personal property. Pursuant to and without limiting Landlord’s rights under Section 14 of the Lease, if Tenant fails to timely vacate and surrender to Landlord any portion of the Original Premises as required herein, then Tenant shall be obligated to pay to Landlord, the Holdover Rate specified in Section 14 of the Lease and also pay all damages sustained by Landlord by reason of such failure to vacate and surrender the Original Premises as provided in Section 14 of the Lease. Notwithstanding any provision of the Lease to the contrary, in no event shall any failure of Tenant to vacate the Original Premises (or any portion thereof) or the acceptance by Landlord of the Holdover Rate be deemed to be a consent to such occupancy or be deemed to create a tenancy-at-will or any other tenancy, unless Landlord elects otherwise pursuant to Section 14 of the Lease.
Surrender of Original Premises. Effective as of the Surrender Date, Tenant shall surrender to Landlord all of Tenant's right, title and interest in and to the Original Premises, and thereafter all of Tenant's estate under the Lease in and to the Original Premises shall be terminated and extinguished as of the Surrender Date. Tenant shall surrender the Original Premises in the condition Tenant is required to surrender the "Demised Premises" under the Lease as of the expiration of the term thereof. Landlord, upon Tenant complying with its undertakings set forth herein, shall accept, as of the Surrender Date, such surrender of all of Tenant's right, title and interest under the Lease in and to the Original Premises, provided, that the Lease shall remain in full force and effect in accordance with its terms (as amended hereby) with respect to all of the New Premises. Upon compliance by Tenant, the parties declare and agree that as of the Surrender Date the Original Premises shall be released and discharged from the operation of the Lease, provided that Minimum Rent and Additional Rent are paid or will be paid as required by the Lease (as amended hereby), subject to the provisions of the Lease which expressly survive termination thereof.
