Surrender of Possession. At the termination of this Lease, by lapse of time or otherwise, Tenant shall remove (a) all of its furniture, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without notice.
Appears in 3 contracts
Samples: Commercial Lease, Commercial Lease, Commercial Lease
Surrender of Possession. At Lessee shall yield and deliver to Lessor possession of the termination Premises leased herein at the expiration of this LeaseAgreement in good condition in accordance with its express obligations hereunder, by lapse of time or otherwise, Tenant shall remove (a) all of its furniture, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary except for reasonable wear and tear, damage by fire and other casualty. Lessee shall deliver the elementsPremises in good order and condition, fire or other casualty which Landlord is obligated including: (1) cleaning and hauling away all supplies and trash; (2) leaving in operating condition all bulbs and ballasts; (3) replacing all broken glass; and (4) turning in keys to repair and condemnationall door locks. TenantLessee, at its Lessee’s expense, promptly shall repair remove during the term hereof or at the expiration of such term all trade fixtures, equipment and personal property placed by Lessee on or about the Premises herein leased, subject to Lessee's repairing any damage to the Leased Premises thereto caused by such removal and subject to any valid lien which Lessor may have thereon for unpaid rents or fees. Lessor may direct Lessee to remove, at Lessee’s sole expense, any cabling installed within the Premises upon surrender of possession of the Premises. Lessee shall have no obligation to remove such cabling unless Lessor shall notify Lessee of its required removal. In the event Lessee does not remove all of said property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease Agreement, the same shall be deemedconsidered abandoned and Lessor may dispose of said property without any further responsibility or liability to Lessee. At any time within ninety (90) days prior to the expiration of this Agreement, at LandlordLessor and Lessor's optionagents, to be the property of Landlordinvitees, and Landlord shall have licensees may enter and show the rightPremises to persons wishing to rent the Premises and may post upon the Premises the usual notices "For Rent" or "For Lease", at Tenant's expensesaid notices to remain thereon without hindrance or molestation, to remove, storeprovided Lessee has not exercised any renewal options provided herein, or dispose of such property in such manner as Landlord deems appropriate in has not signed a new lease. Lessor and its sole discretion agents, invitees, and without liability licensees will use their best efforts not to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession unreasonably interfere with Lessee’s use of the Leased Premises without noticeduring said visits.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Surrender of Possession. At Tenant shall on the last day of the Term or upon any sooner termination of this Leasethereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord the Premises in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove (a) all of its furniture, office equipment, trade fixtures and equipmentother personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated sums otherwise payable hereunder for the Term. Nothing contained in its written approval of Tenant's Plans that this Section shall be construed to give Tenant would be required the right to remove on or before hold over after the expiration or earlier termination of this Lease, and (c) Landlord may exercise any and all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises remedies at law or in equity to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume recover possession of the Leased Premises without noticeand may seek damages in the event of such a hold over tenancy.
Appears in 3 contracts
Samples: Commercial Lease Agreement (CURO Group Holdings Corp.), Commercial Lease Agreement (CURO Group Holdings Corp.), Commercial Lease Agreement (CURO Group Holdings Corp.)
Surrender of Possession. At Lessee agrees to deliver up and surrender to Lessor possession of the Premises, including all plumbing, wiring, sewer connections, lighting fixtures, glass fixtures, walls, ceilings, floors, and appurtenances at the expiration or termination of this Leaselease or any extension hereof, by lapse of time or otherwise, Tenant in as good order and condition as when possession was taken by the Lessee, excepting only ordinary wear and tear. If the Lessee shall fail to remove (a) all any effects which it is entitled to remove from the Premises upon the termination of this lease, or any extension hereof, for any cause whatsoever, the Lessor, at its furnitureoption, office equipmentmay remove the same and store or dispose of the said effects, trade fixtures and equipmentwithout liability for loss or damage thereto, and other unattached Lessee agrees to pay to Lessor on demand any and moveable personal propertyall expenses incurred in such removal, including the cost of removal of signs from the windows, making the Premises including sidewalks, courts or alleyways adjacent thereto, if any, (b) free from all dirt, litter, debris and obstruction, including court costs, attorney's fees, storage and insurance charges on such effects for any items length of time the same shall be in the Lessor's possession; or improvements which Landlord indicated in the Lessor at its written approval option, without notice, may sell such effects, or any of Tenant's Plans that Tenant would be required to remove on them, at private or before public sale and without legal process, for such price or consideration as the expiration or earlier termination of this LeaseLessor may obtain, and (c) all telephone and computer/data equipment and wiring installed by Tenantapply the proceeds of such sale upon any amounts due under this lease from the Lessee to the Lessor, and shall surrender upon the Leased Premises to Landlord together with all improvements made expense incidental to the Leased removing, cleaning the Premises, whether made by Tenant or Landlordselling said effects, and other than expense, rendering the improvements surplus, if any, to be removed by Tenant as provided the Lessee, provided, however, in the preceding clauses (b) and (c), all in as good a condition as delivered on event the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose proceeds of such property in sale or sales are insufficient to reimburse the Lessor, Lessee shall pay such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticedeficiency upon demand.
Appears in 2 contracts
Surrender of Possession. At Upon the expiration of the Term or upon the termination of this LeaseTenant's right of possession, whether by lapse of time or otherwise, at the option of Landlord as herein provided. Tenant shall remove (a) all of its furnitureforthwith surrender the Premises to Landlord in good order, office equipmentrepair and condition, trade fixtures and equipmentordinary wear excepted, and other unattached and moveable personal propertyshall, if anyLandlord so requires, restore the Premises to the condition existing at the beginning of the Term. Any interest of Tenant in the alterations, improvements, and additions to the Premises (bincluding without limitation all carpeting or floorcovering) any items made or paid for by Landlord or Tenant shall without compensation to Tenant become Landlord's property at the termination of this Lease by lapse of time or otherwise and such alterations, improvements which and additions shall be relinquished to Landlord indicated in its written approval good condition, ordinary wear excepted. At the termination of the Term or of Tenant's Plans that right of possession Tenant would be required agrees to remove on or before the expiration or earlier termination following items of this LeaseTenant's property: office furniture, and (c) all telephone and computer/data trade fixtures, office equipment and wiring installed by all other items of Tenant, and 's property on the Premises. Tenant shall surrender the Leased Premises pay to Landlord together with all improvements made to upon demand the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair cost of repairing any damage to the Leased Premises and to the Building caused by any such removal. If Tenant shall fail or refuse to remove any such property from the Premises, Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost either by set-off, credit, allowance or otherwise, and Landlord may at its option accept the title to such property or at Tenant's expense may (i) remove the same or any part in any manner that Landlord shall choose, repairing any damage to the Premises caused by removal of its property as provided in clauses (a)such removal, (b) and (cii) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, destroy or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to TenantTenant or any other person. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without notice18.
Appears in 2 contracts
Samples: Sublease (SPR Inc), Sublease (SPR Inc)
Surrender of Possession. At Upon the expiration or promptly after the earlier termination of this Lease, by lapse of time or otherwise, Tenant shall remove (ai) Tenant’s Personalty, (ii) all of its furnitureAlterations made during the Term which Landlord is entitled to and requires Tenant to remove, office equipment(iii) all ATMs, trade fixtures (iv) all exterior Building signage and (v) all rooftop equipment, and other unattached and moveable personal propertysurrender the Premises to Landlord in its condition required to be maintained during the Term. Tenant shall have the right, if anybut not the obligation, (b) to remove any items or improvements existing as of the Commencement Date, any Alterations which Landlord indicated in its written approval is either not entitled to require, or does not properly notify Tenant, to remove, and any of Tenant’s Property (other than Tenant’s Personalty), provided that Tenant, at Tenant's Plans expense (in the case of either a required or permitted removal), shall repair any damage caused by such removal. Without limiting the generality of the foregoing, Tenant shall have the right, but not the obligation, to remove all generators, fan coil units, batteries, fuel tanks, cabling, wiring, monitoring and security equipment, racking and shelving, and all public art installed by or on behalf of Tenant, provided that Tenant, at Tenant's expense shall repair any damage caused by such removal. Upon Landlord’s request, not more than sixty (60) days prior to the Expiration Date or earlier termination date, Tenant will provide Landlord a list of items that Tenant would be required will remove from the Premises. If, prior to remove on or before the expiration or earlier termination of this Leasethe Term, and (c) all telephone and computer/data equipment and wiring installed by Tenant fails to remove Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by ’s Personalty or any Alterations that Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, then Landlord shall have the right (i) subject only to re-enter those items designated as Protected Items in Section 19.3, to treat such items as the property of Landlord and resume possession they may be removed, sold or otherwise disposed of by Landlord without further notice to Tenant, Tenant hereby representing that it shall hold title thereto, free of any rights of third parties and Tenant shall be obligated to reimburse Landlord for all reasonable costs of such removal, storage or sale, or (ii) to notify Tenant that Tenant has failed to remove the required items and if Tenant then fails to remove substantially all of the Leased Premises without required items within thirty (30) days of such notice, Tenant will be deemed to have held over and the provisions of Section 19.2 below shall apply until Tenant removes substantially all of the required items (or Landlord, in its sole discretion, elects to remove them).
Appears in 2 contracts
Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.), Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)
Surrender of Possession. At In addition to, and not in limitation of, Tenant’s obligations pursuant to Section 28 of this Lease, upon the expiration of the Term or upon the termination of Tenant's right of possession, whether by lapse of time or at the option of Landlord as herein provided, Tenant shall forthwith surrender the Premises to Landlord in good order, repair and condition, ordinary wear excepted, and shall, if Landlord so requires, demolish and remove improvements made by Tenant in the Premises following the completion of the Tenant Work (as defined below). Any alterations, improvements and additions (excluding personal property and trade fixtures) to the Premises made or paid for by Landlord or Tenant shall, become Landlord's property at the termination of this Lease. Upon termination of the Tenant's right of possession, Tenant agrees to remove furniture, trade fixtures, equipment and all other items of Tenant's property on the Premises. Tenant shall repair any damage to the Premises and to the Property caused by lapse any such removal, or in the event Tenant does not repair, Tenant shall pay to Landlord upon demand the cost of time repair for any damage to the Premises and to the Property caused by any such removal. If Tenant shall fail or refuse to remove any improvements or property from the Premises, Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost either by set-off, credit, allowance or otherwise, Tenant and Landlord may at its option accept the title to such property or at Tenant's expense may (A) remove the same or any part in any manner that Landlord shall remove (a) all of its furniturechoose, office equipment, trade fixtures and equipmentrepairing any damage to the Premises caused by such removal, and other unattached and moveable personal property(B) store, if any, (b) any items destroy or improvements which Landlord indicated in its written approval otherwise dispose of the same without incurring liability. Tenant's Plans that Tenant would be required to remove on or before ’s obligations under this Section 15 shall survive the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without notice.
Appears in 1 contract
Samples: Lease Agreement (Quantum-Si Inc)
Surrender of Possession. At Upon the expiration of the Term or upon the termination of this LeaseTenant's right of possession, whether by lapse of time or otherwiseat the option of Landlord as herein provided, Tenant shall immediately surrender the Premises to Landlord in good order, repair and condition, ordinary wear excepted. All permanent alterations, improvements and additions to the Premises shall without compensation to Tenant become Landlord's property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear excepted, unless otherwise expressly provided in this Lease. Tenant shall remove (a) all of its property from the Premises. Tenant agrees to remove at the termination of the Term or of its right of possession the following items of property: furniture, office equipmenttrade fixtures, trade fixtures equipment and equipment, and all other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required property or temporary improvements on the Premises, except for such property which pursuant to remove on or before the expiration or earlier termination terms of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenantare Landlord's property or in which Landlord enjoys a security interest, and Tenant shall surrender the Leased Premises pay to Landlord together with all improvements made to upon demand the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair cost of repairing any damage to the Leased Premises and to the Center caused by removal of its any such removal. If Tenant is required to but shall fail or refuse to remove any such property as provided in clauses (a)from the Premises, (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemedconclusively presumed to have abandoned the same, at Landlord's optionand title thereto shall thereupon pass to Landlord without any cost either by set-off, to be the property of Landlordcredit, allowance or otherwise, and Landlord shall have may at its option accept the right, title to such property or at Tenant's expenseexpense may (1) remove the same or any part in any manner that Landlord shall choose, to remove, and (2) store, destroy or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeTenant or any other person.
Appears in 1 contract
Samples: Lease (Comprehensive Care Corp)
Surrender of Possession. At Upon the expiration of the Term or upon the termination of this LeaseTenant’s right of possession, whether by lapse of time or otherwiseat the option of Landlord as herein provided, Tenant shall immediately surrender the Premises to Landlord in good order, repair and condition, ordinary wear excepted. All permanent alterations, improvements and additions to the Premises shall without compensation to Tenant become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear excepted, unless otherwise expressly provided in this Lease. Tenant shall remove (a) all of its property from the Premises. Tenant agrees to remove at the termination of the Term or of its right of possession the following items of property: furniture, office equipmenttrade fixtures, trade fixtures equipment and equipment, and all other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required ’s property or temporary improvements on the Premises, except for such property which pursuant to remove on or before the expiration or earlier termination terms of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenantare Landlord’s property or in which Landlord enjoys a security interest, and Tenant shall surrender the Leased Premises pay to Landlord together with all improvements made to upon demand the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair cost of repairing any damage to the Leased Premises caused and to the Building caused. by removal of its any such removal. If Tenant is required to but shall fail or refuse to remove any such property as provided in clauses (a)from the Premises, (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemedconclusively presumed to have abandoned the same, at Landlord's optionand title thereto shall thereupon pass to Landlord without any cost either by set off, to be the property of Landlordcredit, allowance or otherwise, and Landlord shall have may at its option accept the right, title to such property or at Tenant's expense’s expense may (1) remove the same or any part in any manner that Landlord shall choose, to remove, and (2) store, destroy or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeTenant or any other person.
Appears in 1 contract
Surrender of Possession. At Upon the termination of this Leaselease whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the demised premises, Tenant will at once surrender and deliver up the demised premises, together with all improvements thereon, to Landlord, broom clean, in good order, condition and repair, reasonable wear and tear excepted. "Broom clean" means free from all debris, dirt, rubbish, personal property of Tenant, oil, grease, tire tracks or other substances, inside and outside of the building and on the grounds comprising the demised premises. Any damage caused by removal of Tenant from the demised premises, including any damage caused by removal of Tenant's equipment as herein defined, shall be repaired and paid for by Tenant prior to the expiration of the lease term. In the event any improvements or Tenant's fixtures are removed by Tenant after the expiration of the lease term, Tenant shall pay rent until such improvements and fixtures are removed. All additions, hardware, and improvements, temporary or permanent, in or upon the demised premises placed there by Tenant shall become Landlord's property and shall remain upon the demised premises upon such termination of this lease by lapse of time or otherwise, Tenant shall remove (a) all without compensation or allowance or credit to Tenant, unless Landlord requests their removal. If Landlord so requests removal of its furnituresaid additions, office equipmenthardware, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that and Tenant would be required to remove on or before does not make such removal by the expiration or earlier termination of this Leaselease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after such request, whichever is later, Landlord may remove the expiration same and deliver the same to any place of business of Tenant or earlier termination of this Lease warehouse and Tenant shall be deemed, at Landlord's option, to be pay the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose cost of such property in such manner as removal, delivery and warehousing to Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeon demand.
Appears in 1 contract
Samples: Lease (Alaron Com Holding Corp)
Surrender of Possession. At the termination of this Lease, by lapse of time or otherwise, Original Tenant shall remove (a) all vacate and surrender possession of its furniture, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove the Premises on or before March 31, 2022 (the “Surrender Date”) in the condition required under the Lease and this Fifth Amendment for surrender of the Premises at the expiration or earlier termination of this Leasethe Lease Term, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and except that Original Tenant shall surrender the Leased Premises to Landlord together Assignee with the Purchased FF&E (as defined in the Assignment Agreement) and all alterations and other leasehold improvements made in the Premises as of the Assignment Effective Date in its current AS IS condition, subject to normal wear and tear and to the Leased Premisesprovisions of Article XIV of the Lease (Fire, whether made by Tenant Casualty and Taking) in respect of any fire, casualty or Landlord, other than taking occurring on or prior to the improvements to Assignment Effective Date. The Premises shall be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession DateSurrender Date broom clean and free of all furniture, excepting ordinary wear trade fixtures, equipment and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any personal property of Tenant or anyone claiming by, through or under Tenant except for the Purchased FF&E. In the event of any fire or casualty to the Premises occurring prior to the Assignment Effective Date, Original Tenant shall be obligated to comply with its obligation, as tenant, under Section 14.1 of the Lease to pay over any insurance proceeds to Landlord with respect to alterations, additions or improvements within the Premises, which obligation shall survive the Assignment Effective Date and any release of Original Tenant under Section 3(e) of this Fifth Amendment. Notwithstanding the foregoing, Landlord agrees that neither Original Tenant nor Assignee shall be required to remove at any time any of the alterations and other leasehold improvements existing in the Premises or the Building (if installed by or on behalf of Original Tenant) as of the Effective Date of this Fifth Amendment, except that (y) Assignee (but not removed within ten Original Tenant) shall be responsible to remove from the Premises, at Assignee’s expense, the Tenant’s Property (10including the Purchased FF&E) business days after from the Premises whether existing as of the Assignment Effective Date or thereafter installed by Tenant at the expiration or earlier termination of the Lease Term, and (z) Landlord reserves the right under Section 9.8(N) to require that Assignee remove the Emergency Generator and Generator Connections at the end of the Term. The condition in which Tenant is obligated to surrender possession of the Premises to Assignee under this Section 4 is referred to herein as the “Surrender Condition.” If Original Tenant fails to vacate and surrender possession of the Premises in the condition required under this Fifth Amendment on the Surrender Date (a “Holdover Event”), Original Tenant expressly agrees that such failure shall, because of the Assignment and notwithstanding the ACTIVE/112977395.9 Expiration Date of the Lease, constitute a holding over in the Premises and an immediate Event of Default under the Lease (without any notice or cure period applicable thereto) and, notwithstanding the provisions of Section 16.18 of the Lease to the contrary, the holdover amounts payable under Section 16.18 shall be deemedbecome payable by Original Tenant on a monthly basis (and not on a daily basis) for each month or part thereof that Original Tenant remains in possession of the Premises beyond the Surrender Date. If there is a Holdover Event, Landlord, at Landlord's option, to be the property of Landlord, ’s sole cost and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter take all necessary and resume appropriate action to evict Original Tenant from the Premises by summary dispossess proceeding, judgment for possession of the Leased Premises without noticeor as otherwise provided by applicable law. Assignee agrees to cooperate with Landlord, at no cost to Assignee, in any such summary process action undertaken by Landlord against Original Tenant.
Appears in 1 contract
Samples: Lease (Markforged Holding Corp)
Surrender of Possession. At the termination of this Lease, by lapse of time or otherwise, Tenant shall remove (a) all of its furniture, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove on or before the expiration or earlier termination of this Lease, Tenant shall promptly quit and (c) all telephone and computer/data equipment and wiring installed by Tenantpeaceably vacate, surrender, and shall surrender yield up to Landlord, the Leased Premises to Landlord Premises, together with any Structural Improvements, in broom-clean and in the same condition as they were on the Start Date, reasonable wear and tear excepted. If furnished at Tenant’s expense, all improvements made removable trade fixtures (trade fixtures do not include fire or security systems), professional equipment, business equipment, and other items of Tenant’s Property shall not be deemed to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be included in Structural Improvements and may be removed by Tenant as provided that Tenant is not in the preceding clauses (b) default hereunder and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any that such removal does not cause physical damage to the Leased Premises caused by removal of its property as provided or the Property. Notwithstanding anything in clauses the foregoing to the contrary, Landlord may give notice to Tenant (a), (ba “Removal Notice”) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord requiring Tenant at Tenant’s sole expense to remove any or all Structural Improvements within the time period specified by Landlord, and to restore the Premises to the condition existing before such improvements were made, reasonable wear and tear excepted. The failure of Tenant to remove any improvements or property which it is entitled or required to remove hereunder shall have be deemed to constitute an abandonment by Tenant, and such property shall thereupon become the right to re-enter property of Landlord; provided, however, that the cost of removal and resume possession disposal of such property, if any, shall be paid by Tenant. The provisions of this ¶13.1 shall survive the Leased Premises without noticetermination of this Lease.
Appears in 1 contract
Samples: Lease Agreement
Surrender of Possession. At Upon the expiration of the Term or upon the termination of this LeaseTenant's right of possession to all or a portion of the Premises, whether by lapse of time or otherwiseat the option of Landlord as herein provided, Tenant shall remove (a) all of its furnitureforthwith quietly and peaceably surrender the Premises or portion thereof to Landlord in good order, office equipmentrepair and condition, trade fixtures and equipmentordinary wear excepted, and other unattached and moveable personal propertyshall, if anyLandlord so requires, (b) any items restore the Premises or portion thereof to the condition existing at the beginning of the Term. Any interest of Tenant in the alterations, improvements which and additions to the Premises made or paid for by Landlord indicated in its written approval of Tenant's Plans that or Tenant would be required shall, without compensation to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemedbecome, at Landlord's option, Landlord's property at the termination of this Lease by lapse of time or otherwise and if such option is exercised such alterations, improvements and additions shall be relinquished to Landlord in good condition, ordinary wear excepted. If Landlord does not exercise such option with respect to any such alteration, improvement or addition, Tenant's restoration obligation referred to above shall be applicable. Prior to the termination of the Term or of Tenant's right of possession Tenant shall remove office furniture, trade fixtures, office equipment and all other items of Tenant's property on the Premises. Tenant shall pay to Landlord upon demand the cost of Landlordrepairing any damage to the Premises and to the Building caused by any removal required hereunder. If Tenant shall fail or refuse to remove any such property from the Premises not later than the termination date of this Lease, Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost either by set-off, credit, allowance or otherwise, and Landlord shall have may at its option accept the righttitle to such property or, at Tenant's expense, may (i) remove the same or any part in any manner that Landlord shall choose, repairing any damage to removethe Premises caused by such removal, and (ii) store, destroy or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeTenant or any other person.
Appears in 1 contract
Samples: Office Lease (Digitas Inc)
Surrender of Possession. At Upon the expiration of the term or upon the termination of Lessee's right of possession, whether by lapse of time or at the option of Lessor as herein provided, Lessee shall, at Lessee's sole cost and expense, forthwith surrender the premises to Lessor in good order, repair and condition, ordinary wear excepted, and shall, at Lessee's sole cost and expense, if Lessor so requires, restore the premises to the condition existing at the beginning of the term. Any interest of Lessee in the alterations, improvements, and additions to the premises made or paid for by Lessor or Lessee shall, without compensation to Lessee, become Lessor's property at the termination of this Lease, Lease by lapse of time or otherwise, Tenant and such alterations, improvements, and additions (including floor coverings) shall be relinquished to Lessor in good condition, ordinary wear excepted. Prior to the termination of the term of Lessee's right of possession, Lessee shall remove (a) all of its office furniture, trade fixtures, office equipment, trade fixtures and equipment, and all other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of TenantLessee's Plans that Tenant would be required to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered property on the Possession Datepremises. Lessee shall pay to Lessor, excepting ordinary wear and tearupon demand, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair cost of repairing any damage to the Leased Premises premises and to the Building caused by removal of any such removal. If Lessee shall fail or refuse to remove any such property from the premises, Lessee shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Lessor without any cost either by set-off, credit, allowance, or otherwise, and Lessor may, at its option, accept the title to such property as provided in clauses or, at Lessee's expense, may (a)) remove the same or any part in any manner that Lessor shall choose, repairing any damage to the premises caused by such removal, and (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, destroy, or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeLessee or any other person.
Appears in 1 contract
Samples: Lease Agreement (Kids Stuff Inc)
Surrender of Possession. At Lessee shall on the last day of the Term or upon any sooner termination of this Leasethereof, whether by lapse of time or by reason of Lessee's Default or otherwise, Tenant surrender and deliver to Lessor the Premises and all Improvements in clean, wholesome, good and safe order and condition and in good repair, ordinary wear and tear excepted, and if Lessee shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Lessee may remove (a) all of its furniture, office equipment, trade fixtures and equipmentother personal property belonging to Lessee that are incident to the business of Lessee (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Lessee and incident to the business of Lessee are hereinafter referred to as "Trade Fixtures". Lessee shall repair any injury or damage to the Premises or the Improvements that may result from such removal. If Lessee does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Lessor may, at its option, remove the same and deliver the same to any other place of business of Lessee or warehouse the same, and other unattached Lessee shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and moveable personal propertywarehousing to Lessor on demand, if anyor Lessor may treat such Trade Fixtures as having been conveyed to Lessor with this Lease as a xxxx of sale, (b) any items without further payment or improvements which Landlord indicated in its written approval credit by Lessor or Lessee. Any holding over by Lessee of Tenant's Plans that Tenant would be required to remove on or before the Premises after the expiration or earlier termination of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred fifty percent (150%) of the monthly installments of Fixed Rent, plus Additional Rent and other sums otherwise payable hereunder for the Tenn. Nothing contained in this Section shall be construed to give Lessee the right to hold over after the expiration of this Lease, and (c) Lessor may exercise any and all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises remedies at law or in equity to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume recover possession of the Leased Premises without noticeand may seek damages in the event of such a hold over tenancy.
Appears in 1 contract
Samples: Commercial Triple Net Lease With Purchase Option (Empowered Products, Inc.)
Surrender of Possession. At Lessee agrees to deliver up and surrender to Lessor possession of the Leased Premises, including, without limitation, all plumbing, wiring, sewer connections, lighting fixtures, glass, fixtures, walls, ceilings, floors, and appurtenances at the expiration or termination of this LeaseLease or any extension hereof, by lapse of time or otherwise, Tenant in as good order and condition as when possession was taken by the Lessee under this Lease, or if the Lessee took possession of the Leased Premises under any previous Lease(s), when possession was taken by Lessee under said previous Lease(s), excepting only ordinary wear and tear. If the Lessee shall fail to remove (a) all of its furniture, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements effects which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required it is entitled to remove on or before from the expiration or earlier Leased Premises upon the termination of this Lease, or any extension hereof, for any cause whatsoever, the Lessor, at its option, may remove the same and (c) all telephone and computer/data equipment and wiring installed by Tenantstore or dispose of the said effects, without liability for loss or damage thereto, and shall surrender Lessee agrees to pay to Lessor on demand any and all expenses incurred in such removal, including the cost of removal of signs from the windows, making the Leased Premises including, without limitation, sidewalks, courts or alleyways adjacent thereto, if any, free from all dirt, litter, debris and obstruction, including court costs, attorneys' fees, storage and insurance charges on such items or effects for any length of time the same shall be in the Lessor's possession; or the Lessor, at its option, without notice, may sell such items or effects, or any of them, at private or public sale and without legal process, for such price or consideration as the Lessor may obtain, and apply the proceeds of such sale upon any amounts due under this Lease from the Lessee to Landlord together with all improvements made the Lessor, and upon the expense incidental to the removing, cleaning the Leased Premises, whether made by Tenant selling said items or Landlordeffects, and other than expense, rendering the improvements surplus, if any, to be removed by Tenant as provided the Lessee; provided, however, in the preceding clauses (b) and (c), all in as good a condition as delivered on event the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose proceeds of such property in sale or sales are insufficient to reimburse the Lessor, Lessee shall pay such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticedeficiency upon demand.
Appears in 1 contract
Samples: Business Lease (RD&G Holdings Corp)
Surrender of Possession. At Upon the expiration of the Term or upon the termination of this LeaseTenant's right of possession to all or a portion of the Premises, whether by lapse of time or otherwiseat the option of Landlord as herein provided, Tenant shall remove (a) all of its furniture, office equipment, trade fixtures forthwith quietly and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall peaceably surrender the Leased Premises or portion thereof to Landlord together with all improvements made to the Leased Premisesin good order, whether made by Tenant or Landlordrepair and condition, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tearcasualty excepted. Any interest of Tenant in the alterations, damage improvements and additions to the Premises made or paid for by the elementsLandlord or Tenant shall, fire or other casualty which Landlord is obligated without compensation to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemedbecome, at Landlord's option, Landlord's property at the termination of this Lease by lapse of time or otherwise and if such option is exercised such alterations, improvements and additions shall be relinquished to Landlord in good condition, ordinary wear excepted. Within seven (7) days prior to the termination of the Term or of Tenant's right of possession Tenant shall remove office furniture, trade fixtures, office equipment and all other items of Tenant's property on the Premises. Tenant shall pay to Landlord upon demand the reasonable cost of repairing any damage to the Premises and to the Building caused by any removal required hereunder. If Tenant shall fail or refuse to remove any such property from the Premises, Tenant shall be conclusively presumed to have abandoned the property of Landlordsame, and title thereto shall thereupon pass to Landlord without any cost either by set-off, credit, allowance or otherwise, and Landlord shall have may at its option accept the righttitle to such property or, at Tenant's expense, may (i) remove the same or any part in any manner that Landlord shall choose, repairing any damage to removethe Premises caused by such removal, and (ii) store, destroy or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeTenant or any other person.
Appears in 1 contract
Samples: Office Lease (Oxigene Inc)
Surrender of Possession. At Tenant agrees to deliver up and surrender to Landlord possession of the Premises, including all fixtures, plumbing, wiring, sewer connections, lighting fixtures, glass, walls, ceilings, floors, Equipment, HVAC system, and appurtenances at the expiration or termination of this LeaseLease or any extension thereof, by lapse of time or otherwise, in as good order and condition as when possession was taken by Tenant, excepting only ordinary wear and tear. If Tenant shall remove (a) all of its furniture, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required fail to remove on or before any effects which it is entitled to remove from the expiration or earlier Premises upon the termination of this Lease, or any extension hereof, for any cause whatsoever, Landlord, at its option, may remove the same and (c) all telephone and computer/data equipment and wiring installed by Tenantstore or dispose of said effects, without liability for loss or damage thereto, and shall surrender the Leased Premises Tenant agrees to pay to Landlord together with on demand any and all improvements made to expenses incurred in such removal, including the Leased Premisescost of removal of signs from the windows, whether made by Tenant making the Premises including sidewalks, courts or alleyways adjacent thereto, if any, free from all dirt, litter, debris and obstruction, including court costs, attorney’s fees, storage and insurance charges on such effects for any length of time the same shall be in Landlord’s possession; or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c)at its option, all in as good a condition as delivered on the Possession Datewithout notice, excepting ordinary wear and tearmay sell such effects, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenantany of them, at its expenseprivate or public sale and without legal process, promptly shall repair for such price or consideration as Landlord may obtain, and apply the proceeds of such sale upon any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of amounts due under this Lease shall be deemed, at Landlord's option, from Tenant to be the property of Landlord, and Landlord shall have upon the rightexpense incidental to the removing, at Tenant's cleaning the Premises, selling said effects and other expense, rendering the surplus, if any, to removeTenant; provided, storehowever, or dispose in the event the proceeds of such property in sale or sales are insufficient to reimburse Landlord, Tenant shall pay such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticedeficiency upon demand.
Appears in 1 contract
Samples: Business Lease
Surrender of Possession. At the termination of this Lease, by lapse of time or otherwise, Tenant shall remove (a) all of its furniture, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove on or before 17.1 Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made Landlord. Except for ordinary wear and tear and customary depreciation, Tenant shall return the Premises in the same condition in which they were originally received at the Commencement Date, except as improved, repaired, rebuilt, restored, altered or added to the Leased Premises, whether made as authorized in or required by Tenant or Landlord, other than the improvements to be removed by Tenant any provision of this Lease and further except as above provided in the preceding clauses (b) sections herein titled “Fire and (c)Casualty Damage’’ and “Condemnation”, all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire without any reimbursement or other casualty which Landlord is obligated additional payment to repair and condemnationTenant. Tenant, at its expense, promptly Tenant shall repair any damage to the Leased Premises caused by the removal of Tenant’s personal property at any time before or at the expiration of this Lease. In the event Landlord has, at the time of approval, required removal of any structural alteration or changes to the Premises as a condition to its property approval for such alterations or changes, Tenant shall remove such alterations or changes and restore the Premises to their original condition with respect to such alterations or changes, normal wear and tear excepted and further except as above provided in clauses (a), (b) the sections herein titled “Fire and (c) aboveCasualty Damage” and Condemnation. Any property Landlord shall have the option to request the retention of Tenant not removed within ten (10) business days after the said structural work upon expiration or earlier termination of this Lease shall be deemedLease, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, without any further consideration or dispose of such property in such manner as Landlord deems appropriate in its sole discretion and without liability additional pay to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without notice.
Appears in 1 contract
Surrender of Possession. At Upon the expiration or termination of this Leasethe Term, whether by lapse of time or otherwise, Tenant shall remove (a) all of its furniture, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval upon the termination of Tenant's Plans that right of possession, Tenant would be required to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall forthwith surrender the Leased Premises to Landlord together with all improvements made to the Leased Premisesin good order, whether made by Tenant or Landlordrepair and condition, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, and, subject to Tenant's duty to carry insurance as required by this Lease, damage by the elements, fire or other casualty which excepted. All alterations, improvements and additions to the Premises, made or paid for by Landlord is obligated or Tenant, shall without compensation to Tenant become Landlord's property upon the expiration or sooner termination of this Lease; provided, however, that Tenant may remove any of such alterations, additions and improvements which, as provided in Section 9 above, Landlord and Tenant agree in writing may be removed from the Premises at the expiration of the Term or sooner termination of this Lease (such agreement not to be unreasonably withheld). Except as provided in Section 9 to the contrary, all such alterations, improvements and additions shall remain Landlord's property at the termination or expiration of this Lease whether by lapse of time or otherwise, and shall be relinquished to Landlord in good order, repair and condemnationcondition, ordinary wear and tear and, subject to Tenant's duty to carry insurance as required by this Lease, damage by fire or other casualty excepted. TenantTenant agrees to remove, at such expiration or termination of the Term or of its expenseright of possession, promptly the following items of property: office furniture, trade fixtures, office equipment and all other items of Tenant's property or temporary improvements on the Premises, and Tenant shall repair pay to Landlord upon demand the cost of repairing any damage to the Leased Premises and to the Building caused by removal of its any such removal. If Tenant shall fail or refuse to remove any such property as provided in clauses (a)from the Premises, (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemedconclusively presumed to have abandoned the same, at Landlord's optionand title thereto shall thereupon pass to Landlord without any cost either by set-off, to be the property of Landlordcredit, allowance or otherwise, and Landlord shall have may at its option accept the right, title to such property or at Tenant's expenseexpense may (i) remove the same or any part thereof in any manner that Landlord shall choose, to remove, and (ii) store, destroy or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to TenantTenant or any other person. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without notice.27. 33
Appears in 1 contract
Surrender of Possession. At Upon the termination of this Leaselease whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the demised premises1 Tenant will at once surrender and deliver up the demised premises, together with all improvements thereon, to Landlord, broom clean, in good order, condition and repair, reasonable wear and tear excepted. "Broom clean" means free from all debris, dirt, rubbish, personal property of Tenant, oil, grease, tire tracks or other substances, inside and outside of the building and on the grounds comprising the demised premises. Any damage caused by removal of Tenant from the demised premises, including any damage caused by removal of Tenant's equipment as herein defined, shall be repaired and paid for by Tenant prior to the expiration of the lease term. In the event any improvements or Tenant's fixtures are removed by Tenant after the expiration of the lease term, Tenant shall pay rent until such improvements and fixtures are removed. All additions, hardware, and improvements, temporary or permanent, In or upon the demised premises placed there by Tenant shall become Landlord's property and shall remain upon the demised premises upon such termination of this lease by lapse of time or otherwise, Tenant shall remove (a) all without compensation or allowance or credit to Tenant, unless Landlord requests their removal. If Landlord so requests removal of its furnituresaid additions, office equipmenthardware, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that and Tenant would be required to remove on or before does not make such removal by the expiration or earlier termination of this Leaselease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after such request, whichever is later, Landlord may remove the expiration same and deliver the same to any place of business of Tenant or earlier termination of this Lease warehouse and Tenant shall be deemed, at Landlord's option, to be pay the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose cost of such property in such manner as removal, delivery and warehousing to Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeon demand.
Appears in 1 contract
Samples: Lease (Alaron Com Holding Corp)
Surrender of Possession. At the termination of this Lease, by lapse of time or otherwise, Tenant shall remove (a) all surrender possession of its furniture, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove on or before the Premises immediately upon the expiration or earlier termination of this the Lease. If Tenant shall continue to occupy or possess the Premises after such expiration or termination without the consent of Landlord, then Tenant shall be a tenant at sufferance. If Landlord has consented to such holdover in writing, Tenant shall be a tenant from month-to-month. All the terms, provisions and conditions of the Lease shall apply to the month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and except that the Base Rent shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after immediately adjusted upward upon the expiration or earlier termination of the Lease to equal the greater of (i) one hundred fifty percent (150%) of the then prevailing monthly rental rate for similar commercial space, as determined by Landlord; or (ii) one hundred fifty percent (150%) of the Base Rent for the Premises in effect under this Lease on the day immediately prior to the date of the expiration or earlier termination of the Lease. The month-to-month tenancy may be terminated by Landlord or Tenant upon thirty (30) days prior notice to the non-terminating party. In the event that Tenant fails to surrender the Premises upon such expiration or earlier termination, then Tenant shall be deemedindemnify and hold Landlord harmless against all claims, at Landlord's optionliabilities, losses, damages, costs and expenses (including, without limitation, attorneys’ fees) resulting from or arising out of Tenant’s failure to surrender the Premises. This includes, but is not limited to any amounts required to be paid or damages incurred due to the property loss of Landlord, any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose of such property in such manner as Landlord deems appropriate in its sole discretion any related attorneys’ fees and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticebrokerage commissions.
Appears in 1 contract
Surrender of Possession. At Section 21.1. Lessee shall on the last day of the Term or upon any sooner termination of this Leasethereof, whether by lapse of time or by reason of Lessee's Default or otherwise, Tenant surrender and deliver to Lessor the Premises and all Improvements in clean, wholesome, good and safe order and condition and in good repair, ordinary wear and tear excepted, and if Lessee shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law.
Section 21.2. Upon the termination of this Lease by lapse of time, Lessee may remove (a) all of its furniture, office equipment, trade fixtures and equipmentother personal property belonging to Lessee that are incident to the business of Lessee (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other unattached personal property belonging to Lessee and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made incident to the Leased Premisesbusiness of Lessee are hereinafter referred to as "Trade Fixtures". Lessee shall repair any injury or damage to the Premises or the Improvements which may result from such removal. If Lessee does not remove such Trade Fixtures from the Premises prior to the end of the Term, whether made by Tenant or Landlordhowever ended, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. TenantLessor may, at its expenseoption, promptly remove the same and deliver the same to any other place of business of Lessee or warehouse the same, and Lessee shall pay the cost of such removal (including the repair of any injury or damage to the Leased Premises caused by removal of its property as provided in clauses (aor the Improvements resulting from such removal), (b) delivery and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration warehousing to Lessor on demand, or earlier termination of Lessor may treat such Trade Fixtures as having been conveyed to Lessor with this Lease shall be deemedas a bill xx sale, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, without further payment or dispose of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticecredit by Lessor or Lessee.
Appears in 1 contract
Samples: Lease Agreement (Blue Rhino Corp)
Surrender of Possession. At Upon the expiration of the term or any extension thereof, or upon the termination of Lessee's right of possession whether by lapse of time or at the option of Lessor as herein provided, Lessee shall forthwith surrender the Premises to Lessor in good order, repair and condition, ordinary wear and tear excepted. Any interest of Lessee in the alterations, improvements and additions to the Premises (including without limitation all carpeting and floor covering) made or paid for by Lessor or Lessee shall become Lessor's property at the termination of this Lease, Lease by lapse of time or otherwise, Tenant and such alterations, improvements and additions shall remove (a) all of its furniturebe relinquished to Lessor in good condition, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and teartear excepted. At the termination of the term or of Lessee's right of possession, damage by Lessee agrees to remove the elementsfollowing items of Lessee's property: office furniture, fire or trade fixtures, office equipment and other casualty which Landlord is obligated items of Lessee's property on the Premises. Lessee shall pay to repair and condemnation. Tenant, at its expense, promptly shall repair Lessor upon demand the cost of repairing any damage to the Leased Premises and to the Building caused by any such removal. If Lessee shall fail or refuse to remove any such property from the Premises, Lessee shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Lessor without any cost (by set-off, credit, allowance or otherwise), and Lessor may at its option accept the title to such property or at Lessee's expense may (a) remove the same or any part in any manner that Lessor may choose, repairing any damage to the Premises caused by removal of its property as provided in clauses (a)such removal, and (b) and store, at Lessee's expense of the same without incurring liability to Lessee or any other person. As it relates to rooftop or ground mounted transceiving equipment, Lessee shall remove said equipment within forty-five (c45) above. Any property of Tenant not removed within ten (10) business days after Lessee's receipt of written notice from Lessor, and weather conditions permitting. If Lessee fails to remove said equipment, Lessor shall remove said equipment and restore the affected area as provided herein. Upon the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property then current term of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord the Lessor shall have the right to re-enter and resume possession remove any of Lessee's equipment remaining in the Leased Premises without noticeonly if Lessor (a) utilizes specially trained personnel to do so, and (b) gives concurrent notice to Lessee. Any cost incurred by Lessor to remove Lessee's equipment shall be at Lessee's expense.
Appears in 1 contract
Surrender of Possession. At Tenant shall on the last day of the Term or upon any sooner termination of this Leasethereof, whether by lapse of time or by reason of Tenant's Default or otherwise, surrender and deliver to Landlord the Premises in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove (a) all of its furniture, office equipment, trade fixtures and equipmentother personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as 'Trade Fixtures". Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and other unattached Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and moveable personal propertywarehousing to Landlord on demand, if anyor Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, (b) any items without further payment or improvements which credit by Landlord indicated in its written approval or Tenant. Any holding over by Tenant of Tenant's Plans that Tenant would be required to remove on or before the Premises after the expiration or earlier termination of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and (c) Landlord may exercise any and all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises remedies at law or in equity to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume recover possession of the Leased Premises without noticeand may seek damages in the event of such a hold over tenancy.
Appears in 1 contract
Samples: Commercial Lease Agreement (CURO Group Holdings Corp.)
Surrender of Possession. At Upon the expiration of the Term or any extension thereof or upon the termination of Tenant's right of possession whether by lapse of time or at the option of Landlord as herein provided, Tenant shall forthwith surrender the Premises to Landlord in good order, repair and condition, ordinary wear excepted. Any interest of Tenant in the alterations, improvements and additions to the Premises (including without limitation all carpeting and floor covering) made or paid for by Landlord or Tenant shall without compensation to Tenant become Landlord's property), at the termination of this Lease, Lease by lapse of time or otherwise, Tenant and such alterations, improvements and additions shall remove (a) all be relinquished to Landlord in good condition, ordinary wear excepted. At the termination of its furniture, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items the Term or improvements which Landlord indicated in its written approval of Tenant's Plans that right of possession, Tenant would be required agrees to remove on or before the expiration or earlier termination following items of this LeaseTenant's property: office furniture, and (c) all telephone and computer/data trade fixtures, office equipment and wiring installed by all other items of Tenant, and 's property on the Premises. Tenant shall surrender the Leased Premises pay to Landlord together with all improvements made to upon demand the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair cost of repairing any damage to the Leased Premises and to the Building caused by any such removal. If Tenant shall fail or refuse to remove any such property from the Premises, Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost (by set-off, credit, allowance or otherwise), and Landlord may at its option accept the title to such property or at Tenant's expense may (a) remove the same or any part thereof in any manner that Landlord may choose, repairing any damage to the Premises caused by removal of its property as provided in clauses (a)such removal, and (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, destroy or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeTenant or any other person.
Appears in 1 contract
Samples: Office Building Lease (Hanover Capital Holdings Inc)
Surrender of Possession. At A. On or before the termination date this Lease and the Term hereby created terminate, or on or before the date Tenant's right of this Leasepossession terminates, whether by lapse of time or otherwiseat the option of Landlord, Tenant shall shall:
(1) Restore the Premises to the same condition they were in at the beginning of the Term (except as otherwise provided in Article 11 of this Lease) and remove (a) all of its furniturethose alterations, office equipmentimprovements, trade fixtures and equipmentor additions installed for or during Tenant's occupancy, and other unattached and moveable personal propertywhether installed by Landlord or Tenant, if anyor acquired by Tenant from former tenants, (b) any items or improvements which Landlord indicated in its written approval shall request Tenant to remove;
(2) Remove from the Premises and the Building all of Tenant's Plans that personal property; and
(3) Surrender possession of the Premises to Landlord in a clean condition free of all rubbish and debris.
B. If Tenant would be required shall fail or refuse to remove restore the Premises to the above-described condition on or before the expiration or earlier termination above-specified date, Landlord may put the Premises in such condition and recover from Tenant Landlord's cost of this Leaseso doing. Without limiting the generality of the foregoing, Tenant agrees to pay Landlord, upon demand, the cost of restoring the walls, ceilings, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender floors of the Leased Premises to Landlord together with all improvements made the same condition that existed prior to the Leased Premisesdate of the commencement of any alterations, whether improvements, or additions made by Tenant or Landlordfor Tenant's occupancy (or a prior tenant's occupancy, other than the improvements to be removed if such alterations, improvements, or additions were acquired by Tenant as provided in from a former tenant) of the preceding clauses (b) Premises. If Tenant shall fail or refuse to comply with Tenant's duty to remove all personal property from the Premises and (c)the Building on or before the above-specified date, all in as good a condition as delivered on the Possession Date, excepting ordinary wear parties hereto agree and tear, damage by the elements, fire or other casualty which stipulate that Landlord is obligated to repair and condemnation. Tenantmay, at its expenseelection:
(1) Treat such failure or refusal as an offer by Tenant to transfer title to such personal property to Landlord, promptly in which event title thereto shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of pass under this Lease shall be deemedas a bill of sale to and vest in Landloxx xbsolutely without any cost either by setoff, at Landlord's optioncredit allowance, to be the property of Landlordor otherwise, and Landlord may remove, sell, donate, destroy, store, discard, or otherwise dispose of all or any part of said personal property in any manner that Landlord shall have the rightchoose; or
(2) Treat such failure or refusal as conclusive evidence on which Landlord shall be entitled absolutely to rely and act, that Tenant has forever abandoned such personal property, and, without accepting title thereto, Landlord may, at Tenant's expense, to remove, store, destroy, discard, or otherwise dispose of all or any part thereof in any manner that Landlord shall choose without incurring liability to Tenant or to any other person. In no event shall Landlord ever become or accept or be charged with the duties of a bailee (either voluntary or involuntary) of any of Tenant's personal property, and the failure of Tenant to remove all personal property from the Premises and the Building shall forever bar Tenant from bringing any action or from asserting any liability against Landlord with respect to any such property in such manner as Tenant fails to remove. If Tenant shall fail or refuse to surrender possession of the Premises to Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Leaseon or before the above-specified date, Landlord shall have the right to may forthwith re-enter the Premises and resume possession repossess itself thereof as of the Leased Premises its former estate and remove all persons and effects therefrom, using such force as may be necessary, without noticebeing guilty of any manner of trespass or forcible entry or detainer.
Appears in 1 contract
Samples: Office Lease (Charys Holding Co Inc)
Surrender of Possession. At Upon the expiration of the Term or upon the termination of Tenant’s right of possession, whether by lapse of time or at the option of Landlord as herein provided, Tenant shall forthwith surrender the Premises to Landlord in good order, repair and condition, ordinary wear and tear and casualty damage referred to in Paragraph 12 hereof excepted. Except for items which Tenant may remove, and does in fact remove, prior to the termination of this Lease, any interest of Tenant in the alterations, improvements and additions to the Premises made or paid for by Landlord or Tenant shall, without compensation to Tenant, become Landlord’s property at the termination of this Lease by lapse of time or otherwiseotherwise and such alterations, improvements and additions shall be relinquished to Landlord. Prior to the termination of the Term or of Tenant’s right of possession, Tenant may remove Tenant’s Work from the Premises. Tenant shall remove (a) not have any obligation to remove, unless and to the extent required under Section 9.B., any alterations, improvements or additions, which shall include built-in furniture or shelves and all of its furniture, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that attached items. Tenant would be required to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises pay to Landlord together with all improvements made to upon demand the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair cost of repairing any damage to the Leased Premises and to the Building caused by any such removal. If Tenant shall fail or refuse to remove any property from the Premises, Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost either by setoff, credit, allowance or otherwise, and Landlord may at its option accept the title to such property or at Tenant’s expense may (i) remove the same or any part in any manner that landlord shall choose, repairing any damage to the Premises caused by removal of its property as provided in clauses (a)such removal, (b) and (cii) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, destroy or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticetenant or any other person.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Surrender of Possession. SECTION 17.1. At the termination expiration of this Leasethe lease term, whether by lapse of time or otherwise, Tenant shall surrender the leased premises broom clean and in good condition and repair, reasonable wear and tear and loss by fire or unavoidable casualty excepted. If the leased premises are not surrendered at the end of the term or the sooner termination thereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the leased premises. Tenant shall promptly surrender all keys for the leased premises to Landlord at the place then fixed for payment of rent.
SECTION 17.2. In the event Tenant remains in possession of the leased premises after the expiration of the tenancy created hereunder with the consent of Landlord and without execution of a new lease, it shall be deemed to be occupying the leased premises as a tenant from month to month, at fixed minimum rent equal to 100% of the fixed minimum rent, if any paid or payable in the last year of the lease term or any renewal thereof, and subject to all the other conditions, provisions and obligations of this lease insofar as the same are applicable to a month-to-month tenancy.
SECTION 17.3. Upon the expiration of the tenancy hereby created, if Landlord so requires in writing, Tenant shall promptly remove (a) all of its furnitureany additions, office equipment, trade fixtures and equipmentinstallations placed in the leased premises by Tenant and designated in said request, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused occasioned by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, such removals at Tenant's expense, to remove, store, or dispose of such property and in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Leasedefault thereof, Landlord may effect such removals and repairs, and Tenant shall have pay Landlord the right to re-enter and resume possession cost thereof, with interest at the rate of eighteen percent (18%) per annum from the Leased Premises without noticedate of payment by Landlord.
Appears in 1 contract
Surrender of Possession. At Upon the expiration of the term or upon the termination of Lessee's right of possession, whether by lapse of time or at the option of Lessor as herein provided, Lessee shall, at Lessee's sole cost and expense, forthwith surrender the premises to Lessor in good order, repair and condition, ordinary wear excepted, and shall at Lessee's sole cost and expense, if Lessor so requires, restore the premises to the condition existing at the beginning of the term. Any interest of Lessee in the alterations, improvements, and additions to the premises made or paid for by Lessor or Lessee shall, without compensation to Lessee, become Lessor's property at the termination of this Lease, Lease by lapse of time or otherwise, Tenant and such alterations, improvements, and additions (including floor coverings) shall be relinquished to Lessor in good condition, ordinary wear excepted. Prior to the termination of the term of Lessee's right of possession, Lessee shall remove (a) all of its office furniture, trade fixtures, office equipment, trade fixtures and equipment, and all other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of TenantLessee's Plans that Tenant would be required to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered property on the Possession Datepremises. Lessee shall pay to Lessor, excepting ordinary wear and tearupon demand, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair cost of repairing any damage to the Leased Premises premises and to the Building caused by removal of any such removal. If Lessee shall fail or refuse to remove any such property from the premises, Lessee shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Lessor without any cost either by set-off, credit, allowance, or otherwise, and Lessor may, at its option, accept the title to such property as provided in clauses or, at Lessee's expense, may (a)) remove the same or any part in any manner that Lessor shall choose, repairing any damage to the premises caused by such removal, and (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, destroy, or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeLessee or any other person.
Appears in 1 contract
Surrender of Possession. At the termination of this Lease, by lapse of time or otherwise, Tenant shall remove (a) all of its furniture, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove on or before Upon the expiration or earlier termination of this Leasethe Lease Term, and (c) all telephone and computer/data equipment and wiring installed by Tenanthowsoever effected, and Lessee shall forthwith surrender the Leased Premises and the Assets (including the Substitute Assets) (as defined in Section Seventeen (17) herein) to Landlord together with Lessor, free and clear of all improvements made to claims, liens, security interests and other encumbrances (except those existing on the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (cEffective Date), all and other encumbrances approved in writing by Lessor during the Lease Term and in as good a working order and condition as delivered on the Possession Effective Date, excepting ordinary wear and teartear excepted. Lessor's Assets and Substitute Assets shall be surrendered to Lessor and all equipment surrendered shall have an aggregate functional capability at least equal to the aggregate functional capability of the equipment and Assets owned by or leased by Lessor and leased to Lessee as of the Commencement Date. Lessor shall have the option to purchase all or any portion of the inventory on hand as of the expiration or termination of this Lease for a purchase price equal to the lesser of the cost to Lessee or the market value of such inventory so purchased. If Lessor exercises such purchase option, damage Lessee shall execute and deliver to Lessor such bills of sale and assignments and other documents as Lessor may require. All assets owned by Lessee and not purchased by Lessor shall remain the elementssole and exclusive property of Lessee upon termination or expiration of this Lease. To the extent Lessor does not exercise Lessor's purchase option in respect of Lessee's equipment or inventory as described herein, fire Lessee may remove Lessee's equipment or other casualty which Landlord is obligated to repair inventory from the Leased Premises upon the expiration or termination without cause of the Lease Term; provided, however, that Lessee shall be responsible for and condemnation. Tenant, at its expense, promptly shall immediately repair any damage to the Leased Premises caused by the removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at LandlordLessee's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeequipment.
Appears in 1 contract
Samples: Lease Agreement (LHC Group, Inc)
Surrender of Possession. At Subject to the terms of Section 16 relating to damage and destruction, and Section 21 relating to condemnation, upon expiration or termination of the Term of this Lease, whether by lapse of time or otherwiseotherwise (including any holdover period), Tenant shall at its expense shall: (1) remove Tenant's personal property that (aA) all was installed by Tenant and (B) is not attached to the Premises or the removal of its which will not damage the Premises, including, but not limited to: wires, data and voice cabling and appurtenant installations related thereto including, without limitation plenums and/or risers (the "Wires"'); furniture, office ; equipment, trade fixtures and equipment; inventory, and all other unattached personal property located on the Premises (collectively, 'Tenant's Personal Property"); (2) repair and moveable personal propertyrestore the Premises to a condition as good as received by Tenant from Landlord or as thereafter improved, if anyreasonable wear and tear excepted; and (3) promptly and peacefully surrender the Premises (including surrender of all Tenant Improvements and/or other alterations, (b) any items additions or improvements which Landlord indicated installed in its written approval the Premises, except Tenant's Personal Property that does not become part of the Building). Any of Tenant's Plans that Tenant would be required to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered Personal Property left on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease the Term shall be deemed, at Landlord's option, deemed to be have been abandoned and the property of LandlordLandlord to dispose of as Landlord deems expedient, and Tenant shall be liable for all costs associated with the disposal of such Tenant's Personal Property. Notwithstanding the forgoing: (1) Landlord shall have the right, at Tenant's expense, within thirty (30) days prior to remove, store, the expiration or dispose termination of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination the Term of this Lease, Landlord shall have the right to re-enter and resume possession notify Tenant that it intends to reuse all or any portion of the Leased Wires, and in such event such Wires shall remain in the Premises without noticeupon surrender; and (2) if the Premises have been improved with Nonstandard Items (and Tenant has been notified that of such Non-Standard Items, as set forth below), Tenant shall reimburse Landlord for its actual and reasonable costs to replace all such Non-Standard Items with Building Standard Items, as defined in Section 14 of this Lease, within thirty (30) days of receipt of an invoice therefor.
Appears in 1 contract
Surrender of Possession. At Upon the expiration of the Term or upon the termination of this LeaseTenant's right of possession, whether by lapse of time or otherwise, Tenant shall remove (a) all of its furnitureforthwith surrender the Premises to Landlord in good order, office equipmentrepair and condition, trade fixtures and equipmentordinary wear excepted, and other unattached and moveable personal propertyshall, if anyLandlord so requires, restore the Premises to the condition existing at the beginning of the Term (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans except that Tenant would shall not be required to remove on any initial tenant improvements installed by Tenant pursuant to Exhibit B unless Landlord so requires in connection with its approval of the plans therefor). Any interest of Tenant in the alterations, improvements and additions to the Premises made or before paid for by Landlord or Tenant shall, without compensation to Tenant, become Landlord's property at the expiration or earlier termination of this Leaselease by lapse of time or otherwise and such alterations, improvements and additions shall be relinquished to Landlord in good condition, ordinary wear excepted. Upon the termination of the Term or of Tenant's right of possession, Tenant shall remove office furniture, trade fixtures, office equipment and all other items of Tenant's property on the Premises. Tenant shall pay to Landlord upon demand the cost of repairing any damage to the Premises and to the Building caused by any such removal. If Tenant shall fail or refuse to remove any such property from the Premises, Tenant shall be conclusively presumed to have abandoned the same, and (c) all telephone and computer/data equipment and wiring installed title thereto shall thereupon pass to Landlord without any cost either by Tenantset-off, credit, allowance or otherwise, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, may at its expenseoption accept the title to such property or at Tenant's expense may (i) remove the same or any part thereof in any manner that Landlord shall choose, promptly shall (ii) repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a)such removal, (b) and (ciii) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, destroy or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeTenant or any other person.
Appears in 1 contract
Surrender of Possession. At Upon the expiration or other termination of the ----------------------- term of this Lease, Tenant shall quit and surrender to Landlord the premises, broom clean, in good order and condition, ordinary wear excepted, and Tenant shall remove all of its property. Landlord shall remove all telephone and other communication cable from the plenum areas, wall cavities and risers at Tenant's expense. If the Tenant does not remove its property of every kind and description from the demised premises prior to the end of the term, however ended, the Tenant shall be conclusively presumed to have conveyed the same to the landlord under this Lease as a xxxx of sale without further payment or credit by lapse the Landlord to the Tenant and the Landlord may remove the same and the Tenant shall pay the cost of time such removal to the Landlord upon demand. Not later than sixty (60) days before this Lease terminates or otherwiseTenant vacates the premises, Tenant shall remove (a) all give Landlord written notice of its furniture, office equipment, trade fixtures intended departure and equipment, shall schedule a joint inspection with Landlord of the premises in preparation for Tenant's vacation of the premises. At such joint inspection with Landlord shall prepare a list of the following items for Tenant to resolve before vacating the premises:
1) repairs and other unattached and moveable personal propertyrestorations that will need to be made to the premises before vacation, if any;
2) equipment and/or fixtures that may be removed, (b) any items or improvements which Landlord indicated and a procedure that must be followed in its written approval of Tenant's Plans that Tenant would be required order to remove such items from the Building, which may include a "check out" procedure with an employee of Landlord at the Building;
3) equipment and/or fixtures that may not be removed from the premises because they rightfully belong to Landlord. Tenant shall have ten (10) days after receipt, of said list from Landlord to notify Landlord of any discrepancies it notes on or before the expiration or earlier termination of this Leasesaid list. If Tenant does not so notify Landlord, and (c) all telephone and computer/data equipment and wiring installed by said list shall be binding on Tenant, and shall surrender the Leased Premises to be binding upon Landlord together with all improvements made except to the Leased Premisesextent that, because of hidden problems, Landlord could not reasonably ascertain whether made certain repairs and/or restoration would be needed until vacation of the premises. In any event, if Tenant fails to arrange such joint inspection, any list of needed restoration or repairs prepared by Tenant Landlord as a result of Landlord's inspection at or Landlord, other than after Tenant's vacating the improvements to premises shall be removed by Tenant as provided in the preceding clauses (b) conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnationrestoration. Tenant, at its expense, promptly 's obligation to observe or perform this covenant shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after survive the expiration or earlier other termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination term of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without notice.
Appears in 1 contract
Surrender of Possession. At Upon the expiration of the Term or upon the termination of Tenant’s right of possession, whether by lapse of time or at the option of Landlord as herein provided, Tenant shall forthwith surrender the Premises to Landlord in good order, repair and condition, ordinary wear and tear, fire or other casualty excepted. Any interest of Tenant in the alterations, improvements and additions to the Premises, (including without limitation all carpeting or floor covering) made or paid for by Landlord or Tenant, shall without compensation to Tenant, become Landlord’s property at the termination of this Lease, Lease by lapse of time or otherwise, Tenant and such alterations, improvements and additions shall remove (a) all of its furniture, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises relinquished to Landlord together with all improvements made to the Leased Premisesin good condition, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated excepted. At the termination of the Term or of Tenant’s right of possession, Tenant agrees to repair remove the following items of Tenant’s property: office furniture, trade fixtures, office equipment and condemnationall other items of Tenant’s property on the Premises. At Tenant’s option, at its expense, promptly Tenant shall repair damages to Landlord’s satisfaction, or Tenant shall pay to Landlord upon demand, the cost of repairing any damage to the Leased Premises and to the Building caused by any such removal. If Tenant shall fail or refuse to remove any such property from the Premises, Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost either by set-off, credit, allowance or otherwise, and Landlord may, at its option, accept the title to such property or at Tenant’s expense may (i) remove the same or any part in any manner that Landlord shall choose, repairing any damage to the Premises caused by removal of its property as provided in clauses (a)such removal, (b) and (cii) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, destroy or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeTenant or any other person.
Appears in 1 contract
Samples: Lease Agreement (Acell Inc)
Surrender of Possession. At Upon the expiration of the Term or upon the termination of this LeaseTenant’s right of possession, whether by lapse of time or otherwiseat the option of Landlord as herein provided, Tenant shall forthwith surrender the Premises to Landlord in good order, repair and condition, ordinary wear excepted. All permanent alterations, improvements and additions to the Premises, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear excepted. Tenant shall remove (a) all of its property from the Premises. Tenant agrees to remove at the termination of the Term or of its right of possession the following items of property: office furniture, trade fixtures, office equipment, trade fixtures equipment and equipmentall other items of Tenant’s property or temporary improvements on the Premises, and other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises pay to Landlord together with all improvements made to upon demand the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair cost of repairing any damage to the Leased Premises and to the Building caused by removal of its any such removal. If Tenant shall fail or refuse to remove any such property as provided in clauses (a)from the Premises, (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemedconclusively presumed to have abandoned the same, at Landlord's optionand title thereto shall thereupon pass to Landlord without any cost either by set-off, to be the property of Landlordcredit, allowance or otherwise, and Landlord shall have may at its option accept the right, title to such property or at Tenant's expense’s expense may (1) remove the same or any part in any manner that Landlord shall choose, to remove, and (2) store, destroy or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeTenant or any other person.
Appears in 1 contract
Surrender of Possession. At Upon the expiration of the Term or upon the termination of this LeaseTenant's right of possession, whether by lapse of time or otherwiseat the option of Landlord as herein provided, Tenant shall remove (a) all of its furnitureforthwith surrender the Premises to Landlord in good order, office equipmentrepair and condition, trade fixtures and equipmentordinary wear excepted, and other unattached and moveable personal propertyshall, if anyLandlord so requires, restore the Premises to the condition existing at the beginning of the Term. Any interest of Tenant in the alterations, improvements, and additions to the Premises (bincluding without limitation all carpeting or floor covering) any items made or paid for by Landlord or Tenant shall without compensation to Tenant become Landlord's property at the termination of this Lease by lapse of time or otherwise and such alterations, improvements which and additions shall be relinquished to Landlord indicated in its written approval good condition, ordinary wear excepted. At the termination of the Term or of Tenant's Plans that right of possession Tenant would be required agrees to remove on or before the expiration or earlier termination following items of this LeaseTenant's property; office furniture, and (c) all telephone and computer/data trade fixtures, office equipment and wiring installed by all other items of Tenant, and 's property on the Premises. Tenant shall surrender the Leased Premises pay to Landlord together with all improvements made to upon demand the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair cost of repairing any damage to the Leased Premises and to the Building caused by removal of its any such removal. If Tenant shall fail or refuse to remove any such property as provided in clauses (a), (b) and (c) above. Any property of from the Premises Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemedconclusively presumed to have abandoned the same, at Landlord's optionand title thereto shall thereupon pass to Landlord without any cost either by set-off, to be the property of Landlordcredit, allowance or otherwise, and Landlord shall have may at its option accept the righttitle to such property or upon ten days notice, at Tenant's expenseexpense may (i) remove the same or any part in any manner that Landlord shall choose, repairing any damage to removethe Premises caused by such removal, and (ii) store, destroy or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeTenant or any other person.
Appears in 1 contract
Surrender of Possession. At Upon the expiration of the Term or upon the termination of this LeaseTenant's right of possession, whether by lapse of time or otherwiseat the option of Landlord as herein provided, Tenant shall forthwith surrender the Leased Premises to Landlord in good order, repair and condition, ordinary wear excepted. Prior to the expiration or termination of the Term or of Tenant's right of possession of the Leased Premises, Tenant shall remove (a) all of its office furniture, trade fixtures, office equipment, trade fixtures telephone and equipment, computer systems (and all wiring related thereto) and all other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove on property (including, without limitation, any Alterations made or before installed after the expiration or earlier termination of this Lease, and (cCommencement Date other than the Approved Alterations) all telephone and computer/data equipment and wiring installed by Tenant, from the Leased Premises and shall surrender the Leased Premises to Landlord together with all in broom-clean condition. Extraordinary improvements made include, but shall not be limited to, raised floors or safes. Tenant shall pay to Landlord upon demand the cost of repairing any damage to the Leased Premises and to the Building caused by any such removal. If Tenant shall fail or refuse to remove any such property from the Leased Premises, whether made by Tenant or shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost to Landlord, other than the improvements to be removed whether by Tenant as provided in the preceding clauses (b) set- off, credit, allowance or otherwise, and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, may at its expenseoption accept the title to such property or at Tenant's expense may (i) remove the same or any part in any manner that Landlord shall choose, promptly shall repair repairing any damage to the Leased Premises caused by removal of its property as provided in clauses (a)such removal, (b) and (cii) abovestore, destroy or otherwise dispose of the same without incurring liability to Tenant or any other person. Any property In the event Landlord incurs any storage or other costs by reason of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expensefailure to remove any property which Tenant is obligated to remove under this Section, Tenant upon demand shall pay to remove, store, or dispose Landlord the amount of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticecosts so incurred.
Appears in 1 contract
Samples: Lease Agreement (Privatebancorp Inc)
Surrender of Possession. At Upon the expiration of the Term or upon the termination of this LeaseTenant's right of possession, whether by lapse of time or otherwiseat the option of Landlord as herein provided, Tenant shall remove forthwith surrender the Premises (a) all of its furniture, office equipment, trade fixtures and equipment, and other unattached and moveable personal property, if any, (b) any than those items or improvements which Landlord indicated in its written approval of Tenant's Plans that Property and Tenant's Fixtures removed prior to the termination of the Lease) to Landlord in good order, repair and condition, ordinary wear excepted, and shall, if Landlord so requires, restore the Premises to the condition existing at the beginning of the Term. Any interest of Tenant would in the alterations, improvements and additions to the Premises made or paid for by Landlord or Tenant (other than those items of Tenant's Property and Tenant's fixtures removed prior to the termination of the Lease) shall, without compensation to Tenant, become Landlord's property at the termination of this Lease by lapse of time or otherwise and such alterations, improvements and additions shall be required relinquished to remove on Landlord in good condition, ordinary wear excepted. On or before the expiration or earlier termination of this Leasethe Term or of Tenant's right of possession Tenant shall remove its office furniture, and (c) all telephone and computer/data trade fixtures, office equipment and wiring installed by all other items of Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered 's movable property on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to Premises. Tenant shall repair and condemnation. Tenant, at its expense, promptly shall repair restore any damage to the Leased Premises and to the Building caused by the removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expenseProperty or Tenant's Fixtures. If Tenant shall fail to repair or restore any such damage, Tenant shall pay to remove, store, or dispose Landlord upon demand the cost of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticerepair or restoration.
Appears in 1 contract
Surrender of Possession. At Upon the expiration of the Term or upon the termination of this LeaseTenant's right of possession, whether by lapse of time or otherwiseat the option of Landlord as herein provided, Tenant shall at once surrender the Premises to Landlord in good order, repair and condition, ordinary wear excepted, and remove (a) all of its property therefrom, and if such possession is not immediately surrendered Landlord may forthwith re-enter the Premises and repossess itself thereof and remove all persons and effects therefrom, using such force as may be necessary, without being deemed guilty of any manner of trespass, eviction or forcible entry or detainer and without thereby relinquishing any right given to Landlord hereunder or by the operation of law. Without limiting the generality of the foregoing, Tenant agrees to remove at the termination of the Term or of its right of possession the following items of property: office furniture, trade fixtures, office equipment, trade fixtures merchandise and equipment, and all other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that property on the Premises, and such (but only such) alterations, improvements, additions and wiring or cabling as may be requested by Landlord, and Tenant would be required shall pay to Landlord upon demand the cost of repairing any damage caused by any such removal. If Tenant shall fail or refuse to remove on any such property from the Premises, Tenant shall be conclusively presumed to have abandoned same, and title thereof shall thereupon pass to Landlord without any cost either by set-off, credit, allowance or before otherwise, and Landlord may at its option accept the expiration title to such property or earlier termination of this Leaseat Tenant's expense may (i) remove the same or any part in any manner that Landlord shall choose, and (cii) all telephone and computer/data equipment and wiring installed by Tenantstore, and shall surrender destroy or otherwise dispose of the Leased Premises same without incurring liability to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, any other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose of such property in such manner as Landlord deems appropriate in its sole discretion and without liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeperson.
Appears in 1 contract
Samples: Office Building Lease (Asset Acceptance Capital Corp)
Surrender of Possession. At Upon the expiration of the term or upon the termination of Lessee’s right of possession, whether by lapse of time or at the option of Lessor as herein provided, Lessee shall, at Lessee’s sole cost and expense, forthwith surrender the premises to Lessor in good order, repair and condition, ordinary wear excepted, and shall at Lessee’s sole cost and expense, if Lessor so requires, restore the premises to the condition existing at the beginning of the term. Any interest of Lessee in the alterations, improvements, and additions to the premises made or paid for by Lessor or Lessee shall, without compensation to Lessee, become Lessor’s property at the termination of this Lease, Lease by lapse of time or otherwise, Tenant and such alterations, improvements, and additions (including floor coverings) shall be relinquished to Lessor in good condition, ordinary wear excepted. Prior to the termination of the term of Lessee’s right of possession, Lessee shall remove (a) all of its office furniture, trade fixtures, office equipment, trade fixtures and equipment, and all other unattached and moveable personal property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to remove on or before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered Lessee’s property on the Possession Datepremises. Lessee shall pay to Lessor, excepting ordinary wear and tearupon demand, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair cost of repairing any damage to the Leased Premises premises and to the Building caused by removal of any such removal. If Lessee shall fail or refuse to remove any such property from the premises, Lessee shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Lessor without any cost either by set-off, credit, allowance, or otherwise, and Lessor may, at its option, accept the title to such property as provided in clauses or, at Lessee’s expense, may (a)) remove the same or any part in any manner that Lessor shall choose, repairing any damage to the premises caused by such removal, and (b) and (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, destroy, or otherwise dispose of such property in such manner as Landlord deems appropriate in its sole discretion and the same without incurring liability to Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises without noticeLessee or any other person.
Appears in 1 contract
Samples: Lease Agreement (11 Good Energy Inc)