Common use of SURRENDER OF PREMISES; HOLDING OVER Clause in Contracts

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds possession of the Premises after expiration of the term of this Lease, Tenant shall become a tenant from month-to-month on the terms specified in this Lease, except those pertaining to term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term of this Lease or expiration of the holdover tenancy, Tenant shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenant.

Appears in 2 contracts

Samples: Office Lease (Digital Music Group, Inc.), Office Lease (Java Detour Inc.)

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SURRENDER OF PREMISES; HOLDING OVER. (a) Upon the Termination Dateexpiration of the Term of this Lease including any extension periods, Tenant shall surrender and vacate to Landlord the Premises immediately and deliver possession thereof to Landlord all Tenant Improvements and/or alterations in a clean, good and tenantable condition, except for (i) ordinary wear and tear, (ii) the effects of casualty or condemnation (except as provided hereunder), (iii) Hazardous Materials that are not the responsibility of Tenant hereunder, and damage caused by Landlord excepted. (iv) alterations Tenant shall deliver has the right or is obligated to Landlord all keys to remove under the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end provisions of the Term without compensation to Tenant. LandlordParagraph 14 herein; provided, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenantacknowledges and agrees that Tenant shall be required, at its sole cost and expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt all of Tenant’s request, Landlord shall advise Tenant in writing as to which portions Work (with the exception of the Alteration are Required RemovablesNon-Removal Items defined below) from the Premises if requested by Xxxxxxxx in its sole and absolute discretion. If Subject to Paragraph 14, Tenant shall perform all restoration made necessary by the removal of any alterations or Tenant’s personal property before the expiration of the Tenant Additions which were installed by Tenant involved the lowering of ceilingsTerm, raising of floors or the installation of specialized including, for example, restoring all wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Landlord may elect to retain or dispose of in any manner Tenant’s personal property not removed from the Premises by Tenant prior to the expiration of the Term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Xxxxxxxx’s retention or disposition of Xxxxxx’s personal property. Tenant shall also be required liable to close Landlord for Landlord’s costs for storage, removal or disposal of Tenant’s personal property. Notwithstanding anything to the contrary contained in this Lease, any staircases trade fixtures, cranes and other operations related equipment or conveyances installed by Tenant (whether bolted to the floor, attached to process piping or attached by venting, ducting or other openings between floors. In similar appurtenances to the event possession Building) shall at all times be and remain the sole property of Tenant and Tenant can remove such equipment from the Premises is not delivered at any time so long as Tenant repairs alt damage to Landlord when required hereunder, or if Tenant shall fail the Premises caused by such removal to remove those items described Landlord’s reasonable satisfaction. For purposes of this Paragraph above, Landlord may (but the term “Non-Removal Items” shall not be obligated to), at deemed to mean the following portions of Tenant’s expenseWork: Roof Replacement Work, remove any of such property Immediate Occupancy/Seismic Work, Transformer Work and storeHVAC Chiller Replacement Work. If Xxxxxx, sell or otherwise deal with such propertyXxxxxxxx’s consent, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds remains in possession of the Premises after expiration or termination of the term of Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall become be deemed to be a tenant from month-to-month tenancy terminable on the terms specified in written thirty (30) day notice at any time, by either party. All provisions of this Lease, except those pertaining to termTerm and rent, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior apply to the date of termination of a monthly month-to-month tenancy. (c) If, over Landlord’s objection. During such month-to-month tenancy, Tenant holds possession shall pay monthly rent in an amount equal to 150% of Basic Rent for the last full calendar month during the immediately preceding Term plus 100% of additional rent as provided in Paragraph 11 (Taxes), Paragraph 13 (Maintenance), Paragraph 16 (Insurance), subject to increase as provided therein. Any such holdover rent shall be paid on a per month basis without reduction for partial months during the holdover. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute consent to a hold over hereunder or result in an extension of this Lease. This paragraph shall not be construed to create any express or implied right to holdover beyond the expiration of the Term or any extension thereof. If Xxxxxx fails to surrender the Premises after expiration or termination of the term of this Lease or expiration of the holdover tenancyTerm, Tenant shall be deemed to be a tenant-at-sufferance andindemnify, defend and hold harmless Landlord from all reasonably foreseeable loss or liability, including, without limiting the limitation, any loss or liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenantany claim against Landlord made by any succeeding tenant founded on or resulting from Xxxxxx’s failure to vacate surrender and losses to Landlord due to lost opportunities to lease any portion of the Premises to succeeding tenants, together with, in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenanteach case, actual attorneys’ fees and costs.

Appears in 2 contracts

Samples: Standard Industrial Lease, Standard Industrial Lease (Solyndra, Inc.)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon A. At the Termination termination of this Lease, whether caused by lapse of time or otherwise, Lessee shall at once surrender possession of the Premises and deliver them to Lessor in as good repair and condition as existed at the Commencement Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary reasonable wear and teartear excepted, and damage caused by Landlord excepted. Tenant shall deliver to Landlord Lessor all keys to the Premises. All improvements in and (or other access control devices) to the Premises, including and, if such possession is not immediately surrendered, Lessor may forthwith enter upon and take possession of the Premises and expel or remove Lessee and any Alterations other person who may be occupying them, or any part thereof, without having any civil or criminal liability therefor. B. All alterations, additions or improvements (collectivelywhether temporary or permanent in character) made to or fixtures installed in or upon the Premises, “Leasehold Improvements”) either by Lessor or Lessee, shall be Lessor's property on termination of this Lease and shall remain on the Premises. Notwithstanding the foregoing, upon the Premises at the end termination of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, this Lease Lessor may require Tenantdirect Lessee, at its Lessee's expense, to remove (a) any Cable all alterations, improvements, and additions installed by or for Lessee and return the benefit of TenantPremises to the condition that existed at the Commencement Date. Subject to Paragraph 25 hereof and provided that all sums owed by Lessee hereunder have been paid, all movable office furniture and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of equipment not attached to the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall Building may be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, Lessee at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement termination of this Lease. Tenant All such removals shall also be required accomplished in a good workmanlike manner so as not to close any staircases damage the Premises or the structural components of the Building or the plumbing, electrical lines or other openings between floors. In utilities, and any damage resulting from such removals shall be repaired at Lessee's expense. C. All alterations, additions, and improvements directed by Lessor to be removed and all movable office furniture and equipment not attached to the event possession of the Premises is Building not delivered promptly removed after such termination shall thereupon be conclusively presumed to Landlord when required hereunderhave been abandoned by Lessee, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)and Lessor may, at Tenant’s expenseits option, remove any take over possession of such property and store, sell either (a) declare same to be the property of Lessor by written notice thereof to Lessee or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, at the sole cost and expense of Lessee remove and store the same or any part thereof in any manner that Lessor shall choose without objection incoming liability to Lessee or any other person (any such removal and storage costs and expenses being payable by Landlord, Tenant holds possession of Lessee upon demand). D. Should Lessee continue to hold the Premises after expiration of the term termination of this Lease, Tenant shall become whether the termination occurs by lapse of time or otherwise, such holding over shall, unless otherwise agreed by Lessor in writing, constitute and be construed as a tenant from month-to-month on the terms specified in this Lease, except those pertaining to term, option to extend, but tenancy at will at a daily rental equal to one-thirtieth of an amount equal to of the amount of the monthly rental negotiable between payable during the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) last month prior to the date of termination of a monthly tenancy. (c) Ifthis Lease, over Landlord’s objection, Tenant holds possession and upon and subject to all of the Premises other terms, provisions, covenants and agreements set forth herein except any right to renew this Lease. No payments of money by Lessee to Lessor after expiration the termination of this Lease shall reinstate, continue or extend the term of this Lease and no extension of this Lease after the termination hereof shall be valid unless and until the same shall be reduced to writing and signed by both Lessor and Lessee. Lessee shall be liable to Lessor for all damage which Lessor shall suffer by reason of any holding over by Lessee and Lessee shall indemnify Lessor against all claims made by any other tenant or expiration prospective tenant against Lessor resulting from delay by Lessor in delivering possession of the holdover tenancy, Tenant shall be deemed Premises to be a such other tenant or prospective tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenant.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Ddi Corp), Commercial Lease Agreement (Details Inc)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon No act by Landlord shall be an acceptance of a surrender of the Termination DatePremises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall surrender and vacate (1) deliver to Landlord the Premises immediately with all improvements located thereon in good repair and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary reasonable wear and teartear (subject however to Tenant's maintenance obligations) excepted, and damage caused by Landlord excepted. Tenant shall with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3A remove all signage placed on the Premises by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of Tenant's furniture and equipment which is not affixed to the PremisesPremises so as to become a fixture (i.e, including unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any Alterations (collectivelysuch item which was paid for, “Leasehold Improvements”in whole or in part, by Landlord. Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 days after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall remain upon be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a). (b) If Tenant fails to vacate the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lightsTerm, then Tenant shall also be obligated to return such surfaces to their condition prior a Tenant at will and Tenant shall pay, in addition to the commencement of this Lease. Tenant shall also be required other rent due hereunder, a daily base rental equal to close any staircases or other openings between floors. In the event possession 150% of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds possession daily Base Rent payable during the last month of the Premises after expiration of the term of this LeaseTerm. Additionally, Tenant shall become a tenant defend, indemnify, and hold harmless Landlord from month-to-month on any damage, liability and expense (including attorneys' fees and expenses) incurred because of such holding over. No payments of money by Tenant to Landlord after the terms specified in this LeaseTerm shall reinstate, except those pertaining to termcontinue or extend the Term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession and no extension of the Premises after expiration of the term of this Lease or expiration of the holdover tenancy, Tenant Term shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify valid unless it is in writing and signed by Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenant.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Metasolv Software Inc), Commercial Lease Agreement (Metasolv Software Inc)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon No act by Landlord shall be an acceptance of a surrender of the Termination DatePremises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall surrender and vacate deliver to Landlord the Premises immediately with all improvements located thereon in good repair and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary reasonable wear and teartear (subject however to Tenant's maintenance obligations) excepted, and damage caused by Landlord excepted. Tenant shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, deliver to Landlord all keys to the Premises, and remove all signage placed on the Premises by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all trade fixtures, furniture, trade equipment and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within sixty (60) days prior to the Premisesend of the Term and provided that the installation or construction of the applicable alteration, including improvement, additions, fixture or wiring was not consented to by Landlord in writing (unless at the time of consent, Landlord informed Tenant that such item would need to be removed upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any Alterations obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section. (collectively, “Leasehold Improvements”b) shall remain upon If Tenant fails to vacate the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lightsTerm, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. a Tenant at will and Tenant shall also be required pay a daily rental equal to close any staircases or other openings between floors. In 125% of all rental payable during the event possession last month of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds possession of the Premises after expiration of the term of this LeaseTerm. Additionally, Tenant shall become a tenant defend, indemnify, and hold harmless Landlord from month-to-month on any damage (including consequential damages), liability and expense (including attorneys' fees and expenses) incurred because of such holding over. No payments of money by Tenant to Landlord after the terms specified in this LeaseTerm shall reinstate, except those pertaining to termcontinue or extend the Term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term and no extension of this Lease or expiration of the holdover tenancy, Tenant Term shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify valid unless it is in writing and signed by Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Grande Communications Holdings, Inc.), Lease Agreement (Grande Communications Holdings, Inc.)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon No act by Landlord shall be an acceptance of a surrender of the Termination DatePremises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall surrender and vacate (1) deliver to Landlord the Premises immediately with all improvements located thereon in good repair and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary reasonable wear and teartear (subject however to Tenant's maintenance obligations) excepted, and damage caused by Landlord excepted. Tenant shall with the HVAC System, and the plumbing, mechanical, and electrical systems and equipment (including hot water equipment), light and light fixtures (including ballasts), overhead doors and related equipment, and roof in good working order, condition and repair, (2) deliver to Landlord all keys to the Premises, and (3) remove all signage placed on the Premises by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all of Tenant's furniture and equipment which is not affixed to the PremisesPremises so as to become a fixture (i.e, including unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or incorporated into the Building or the electrical, plumbing, or mechanical systems therein), but Tenant shall not remove any Alterations (collectivelysuch item which was paid for, “Leasehold Improvements”in whole or in part, by Landlord. Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property to the extent that such items were constructed or installed by or under the direction of a Tenant Party as Landlord may request, provided such request is made within 30 days after the end of the Term, unless Landlord has specifically agreed in writing that such items need not be so removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall remain upon be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a). (b) If Tenant fails to vacate the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lightsTerm, then Tenant shall also be obligated to return such surfaces to their condition prior a Tenant at will and Tenant shall pay, in addition to the commencement of this Lease. Tenant shall also be required other rent due hereunder, a daily base rental equal to close any staircases or other openings between floors. In the event possession 150% of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds possession daily Base Rent payable during the last month of the Premises after expiration of the term of this LeaseTerm. Additionally, Tenant shall become a tenant defend, indemnify, and hold harmless Landlord from month-to-month on any damage, liability and expense (including attorneys' fees and expenses) incurred because of such holding over. No payments of money by Tenant to Landlord after the terms specified in this LeaseTerm shall reinstate, except those pertaining to termcontinue or extend the Term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession and no extension of the Premises after expiration of the term of this Lease or expiration of the holdover tenancy, Tenant Term shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify valid unless it is in writing and signed by Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenant.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Metasolv Software Inc), Commercial Lease Agreement (Metasolv Software Inc)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon No act by Landlord shall be an acceptance of a surrender of the Termination DatePremises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall surrender and vacate (1) deliver to Landlord the Premises immediately with all improvements located thereon in substantially the same condition existing on the date that this Lease is fully executed and deliver possession thereof to delivered by Landlord in a cleanand Tenant, good and tenantable condition, ordinary reasonable wear and tear, tear (subject however to Landlord's maintenance obligations) and damage caused by Landlord casualty and condemnation excepted. Tenant shall , (2) deliver to Landlord all keys to the Premises. All improvements in , and to (3) remove all signage placed on the Premises, including any Alterations the Building, or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (collectively, “Leasehold Improvements”whether temporary or permanent) shall be Landlord's property and shall remain upon on the Premises (including the demising wall installed by Tenant pursuant to Section 1[c] above) except as provided in the next two sentences. Tenant shall remove all trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or substantially in part, by Landlord) as well as any moveable equipment located in the Premises. Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture property as Landlord may have requested in writing at the time of consenting to the same pursuant to the last sentence of Section 6.(a). All items requested to be removed which are not so removed within 30 days after the expiration of the Term shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and. Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 15.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all applicable Laws, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 15.(a). (b) If Tenant fails to vacate the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of TenantTerm, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of does not exercise its option to renew the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lightsLease, then Tenant shall also be obligated to return such surfaces to their condition prior a Tenant at will and Tenant shall pay, in addition to the commencement of this Lease. Tenant shall also be required other rent due hereunder, a daily base rental equal to close any staircases or other openings between floors. In the event possession one hundred fifty percent (150%) of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds possession daily Base Rent payable during the last month of the Premises Term. Additionally, if after the expiration of the term of this Lease, Term Landlord notifies Tenant shall become in writing that is has a tenant from month-to-month on the terms specified in this Lease, except those pertaining to term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term of this Lease or expiration of the holdover tenancy, Tenant shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify Landlord and any replacement new tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to and Tenant does not vacate the Premises in a timely mannerwithin 30 days after Landlord's notice, then Tenant shall defend, indemnify, and hold harmless Landlord from any damage, liability and expense (including attorneys' fees and expenses) incurred because of such holding over. The monthly rental No payments of money by Tenant to Landlord after the Term shall reinstate, continue or extend the Term, and no extension of this Term shall be at two hundred percent (200%) of the then prevailing monthly rental paid valid unless it is in writing and signed by Landlord and Tenant.

Appears in 1 contract

Samples: Lease Agreement (August Technology Corp)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon expiration of the Termination DateTerm, Tenant shall surrender and vacate to Landlord the Premises immediately and deliver possession thereof to Landlord all improvements and alterations in a clean, good and tenantable condition, except for casualty damage and ordinary wear and tear and alterations Tenant is obligated to remove under the provisions of Section 12 herein and pursuant to the Work Letter Agreement attached hereto as Exhibit “C”. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Additionally, and damage caused upon the expiration or earlier termination of this Lease, Tenant shall pay Landlord for the costs incurred by Landlord exceptedto remove any of Tenant’s signage. Tenant shall deliver to Landlord remove all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall includepersonal property including, without limitation, internal stairwaysall wallpaper, raised floorspaneling and other decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any alterations or Tenant’s personal property before the expiration of the Term, including for example, restoring all wall surfaces to a patched and “paint ready” condition. Landlord can elect to retain or dispose of in any manner Tenant’s personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be property not removed from the Premises by Tenant before prior to the Termination Dateexpiration of the Term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of Tenant’s personal property. Tenant shall repair damage caused by be liable to Landlord for Landlord’s costs for storage, removal or disposal of Tenant’s personal property. Upon the installation expiration or removal earlier termination of Required Removables. If this Lease, Tenant fails to perform its obligations in a timely mannershall, Landlord may perform such work at Landlord’s sole option and at Tenant’s sole cost and expense. Tenant, at either (i) remove all Building Cable existing within the time it requests approval for a proposed AlterationPremises and within the common ducts and shafts of the Building, may request using all necessary care in writing that Landlord advise Tenant whether removing such Building Cable in order to avoid any damage to the Alteration Building, or (ii) not remove all or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestBuilding Cable, Landlord provided that Tenant shall advise Tenant leave any such Building Cable clearly labeled and in writing as to which portions of the Alteration are Required Removablesgood working order with all connections intact. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilingsTenant, raising of floors or the installation of specialized wall or floor coverings or lightswith Landlord’s written consent, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds remains in possession of the Premises after expiration or termination of the term of Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall become be deemed to be a tenant from month-to-month tenancy terminable on the terms specified in written thirty (30)-day notice at any time, by either party. All provisions of this Lease, except those pertaining to termterm and rent, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior apply to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term of this Lease or expiration of the holdover month-to-month tenancy, except Tenant shall be deemed pay monthly rent in an amount equal to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of Base Monthly Rent for the then prevailing monthly rental paid by Tenantlast full calendar month during the regular term plus one hundred percent (100%) of all Additional Rent.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (Metropark Usa Inc)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon No act by Landlord shall be an acceptance of a surrender of the Termination DatePremises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term, early termination of the Term as provided herein or the termination of Tenant’s right to possess the Premises, Tenant shall surrender and vacate (1) deliver to Landlord the Premises immediately with all improvements located thereon in good repair and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary reasonable wear and teartear (subject however to Tenant’s maintenance obligations) and damage by fire or other casualty excepted, and with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, reasonable wear and tear and damage caused by Landlord excepted. Tenant shall fire or other casualty excepted (subject, however, to Tenant’s maintenance obligations), (2) deliver to Landlord all keys to the Premises. All improvements in , and to (3) remove all signage placed on the Premises, including any Alterations the Building, or the Land by or at Tenant’s request. All fixtures, alterations, additions, and improvements (collectively, “Leasehold Improvements”whether temporary or permanent) shall be Landlord’s property and shall remain upon on the Premises at except as provided in the next two sentences. Tenant may remove all trade fixtures, furniture, and personal property placed in the Premises by Tenant and described on Exhibit "C" (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements (except as otherwise provided in Section 6 of this Lease), fixtures, equipment, voice and data wiring, furniture, and other property as Landlord may request, provided such request is made not less than thirty (30) days prior to the end of the Term without compensation Term. Notwithstanding anything to Tenant. the contrary contained herein, Tenant shall not remove the initial Improvements (as defined in Exhibit “B”).All items so requested to be moved which are not so removed shall, at the option of Landlord, howeverbe deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by written Landlord without notice to Tenant at least 30 days prior and without any obligation to account for such items and Tenant shall pay for the Termination Datereasonable costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 26 below. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, may require Tenantin accordance with all applicable Laws, and so as not to damage the Building or unreasonably interfere with other tenants’ use of their premises. Tenant shall, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair all damage caused by any work performed by Tenant under this Section 16.(a). Without limiting the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion generality of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestforegoing, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession delivery of the Premises in compliance with this Section 16.(a) shall require that Tenant cause the following (which is not delivered an exclusive list) to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may be true as of the date of surrender: (but shall not be obligated to), at Tenant’s expense, remove any of such property 1) All interior lights are operational and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableburning. (b2) IfAll exhaust, without objection by Landlord, Tenant holds possession of the Premises after expiration of the term of this Lease, Tenant shall become a tenant from month-to-month on the terms specified in this Lease, except those pertaining to term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancyceiling and overhead fans are operational. (c3) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term of this Lease or expiration of the holdover tenancy, Tenant shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by TenantIntentionally Deleted.

Appears in 1 contract

Samples: Lease Agreement (Hallmark Financial Services Inc)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon the Termination Dateexpiration of the Term of this Lease including any extension periods, Tenant shall surrender and vacate to Landlord the Premises immediately and deliver possession thereof to Landlord all Improvements and/or Alterations (as defined in a clean, good and tenantable Paragraph 14 below) in reasonable condition, except for ordinary wear and tear, and damage caused by Landlord exceptedAlterations Tenant has the right or is obligated to remove, if any, under the provisions of Paragraph 14 herein. Tenant shall deliver not be required to remove or restore at the expiration or earlier termination of this Lease (i) any of the initial Tenant Improvements constructed prior to the Rent Commencement Date, Tenant's cabling of the Premises or (iii) any Alterations which are typical office or warehouse improvements (provided the parties hereto agree that any office improvements constituting greater than 3.75% of the total square footage of the Premises shall not be deemed typical). Subject to Paragraph 14, before the expiration of the Term, Tenant shall remove all personal property, and shall perform all restoration made necessary by the removal of any Alterations or Tenant's personal property before the expiration of the Term, including, for example, restoring all damaged wall surfaces to their condition prior to the removal of such Alterations or personal property. Landlord may elect to retain or dispose of in any manner Tenant's personal property not removed from the Premises by Tenant prior to the expiration of the Term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of Tenant's personal property that has not been removed by Tenant prior to the expiration of the Term. Tenant shall be liable to Landlord all keys for Landlord's actual and reasonable costs for storage, removal or disposal of Tenant's personal property. (b) Subject to the provisions of this Paragraph 9, including, but not limited to, Paragraph 9(e) below, if Tenant holds over after the expiration of the Term of this Lease (as may extended by virtue of Tenant exercising its Expansion Option) with or without the express written consent of Landlord, such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case Basic Rent shall be payable at a monthly rate of one hundred fifty percent (150%) of the Basic Rent applicable during the last rental period of the Term under this Lease. Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. (c) Except as provided in Paragraph 9(e) below, nothing contained in this Paragraph 9 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to vacate and deliver possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Paragraph 9 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant holds over without Landlord's express written consent, and tenders payment of rent for any period beyond the expiration of the Term of this Lease by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. (d) Tenant acknowledges that any holding over without Landlord's express written consent may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. All improvements Therefore, if Tenant fails to vacate and deliver the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all claims resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to vacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to vacate and deliver; provided, however, Tenant shall not be liable for damages resulting from a holdover until the later of (i) the date that is 90 days after the expiration of the Term of this Lease (as may extended by virtue of Tenant exercising its Expansion Option), or (ii) thirty (30) days after Landlord notifies Tenant that Landlord has entered into a new lease or sale agreement regarding the Premises. Tenant agrees that any proceedings necessary to recover possession of the Premises, including whether before or after expiration of the Term of this Lease, shall be considered an action to enforce the terms of this Lease for purposes of the awarding of any Alterations attorney's fees in connection therewith. (collectivelye) Notwithstanding the foregoing, “Leasehold Improvements”in the event Tenant provides written notice to Landlord no less than seven (7) months prior to the expiration of the Term of this Lease (as may extended by virtue of Tenant exercising its Expansion Option) indicating Tenant's intention to holdover beyond such expiration of the Term, Tenant shall remain upon be permitted to retain occupancy of the Premises at the end of the Term without compensation for a period of up to Tenant. Landlordninety (90) days by paying to Landlord on a monthly basis the then current Basic Rent and additional rent (including NNN Charges, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit cost of Tenant, utilities and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”janitorial services). Required Removables shall includeAfter such 90-day period (if applicable), without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement terms of this Lease. Tenant Paragraph 9 above shall also be required apply to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableholdover. (b) If, without objection by Landlord, Tenant holds possession of the Premises after expiration of the term of this Lease, Tenant shall become a tenant from month-to-month on the terms specified in this Lease, except those pertaining to term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term of this Lease or expiration of the holdover tenancy, Tenant shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenant.

Appears in 1 contract

Samples: Standard Industrial Lease (Deckers Outdoor Corp)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon the Termination Date, A. Tenant shall agrees to surrender and vacate the Premises immediately and deliver possession thereof the Premises Building to Landlord on the Expiration Date (or sooner termination of the Lease Term pursuant to other applicable provisions hereof) in a clean, as good and tenantable conditioncondition as they were at the completion of construction of Tenant's Improvements, ordinary wear and tear, and damage caused by Landlord fire and windstorm excepted. Tenant may remove any of Tenant's personal property and any special bank fixtures installed by the Tenant, provided that Tenant shall repair any damage to the Premises Building caused thereby. B. Tenant will pay to Landlord, upon request, all damages that Landlord may suffer on account of Tenant's failure to surrender possession as and when aforesaid and will indemnify Landlord against all liabilities, costs and expenses (including all reasonable attorneys' fees and costs if any) arising out of Tenant's delay in so delivering possession, including claims of any succeeding tenant. C. Upon expiration or termination of the Lease Term, Tenant will not be required to remove from the Premises and the Premises Building standard items, all of such Premises and the Premises Building standard items are the property of Landlord. However, should Tenant, prior to the expiration or termination of the Lease Term or during the Lease Term, install or cause to be installed fixtures or any tenant improvements in excess of Premises and the Premises Building standard, Landlord shall have the option of retaining same or requiring Tenant to remove same. Landlord has no obligation to compensate Tenant for any items which are required hereunder to remain on or with the Premises and the Premises Building. D. Without limiting Landlord's rights and remedies, if Tenant holds over in possession of the Premises and/or Premises Building without the Landlord's consent, beyond the end of the Lease Term, or any extended Term, during the holdover period the Rent will be double the amount of the Rent due and payable for the last month of the Lease Term or any Extended Term. E. No offer of surrender of the Premises and/or Premises Building, by delivery to Landlord or its agent of keys to the Premises Building or otherwise, will be binding on Landlord unless accepted by Landlord, in writing, specifying the effective surrender of the Premises Building. At the expiration or termination of the Lease Term, Tenant shall deliver to Landlord all keys to the Premises. All improvements in Premises Building and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered make known to Landlord when required hereunderthe location and combinations of all locks, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property safes and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablesimilar items. (b) If, without objection by Landlord, Tenant holds possession of the Premises after expiration of the term of this Lease, Tenant shall become a tenant from month-to-month on the terms specified in this Lease, except those pertaining to term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term of this Lease or expiration of the holdover tenancy, Tenant shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenant.

Appears in 1 contract

Samples: Shopping Center Space Lease (Florida Savings Bancorp Inc)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon the Termination Dateexpiration of the Term of this Lease including any extension periods, Tenant shall surrender and vacate to Landlord the Premises immediately and deliver possession thereof to Landlord all Tenant Improvements and/or alterations in a clean, good and tenantable condition, except for ordinary wear and tear, alterations Tenant has the right or is obligated to remove under the provisions of Paragraph 14 herein and damage caused any other restoration that is then prohibited by Landlord excepted. applicable law, e.g., Tenant shall deliver not be required to Landlord restore any mezzanine space removed from the Premises if the then current parking ratios required under applicable law prohibit such restoration; provided, however, Tenant acknowledges and agrees that, unless otherwise agreed to in writing by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, be required, at its sole cost and expense, to (a) remove all keys to the Premises. All improvements in and to of Tenant’s Work from the Premises, including any Alterations and (collectively, “Leasehold Improvements”ii) shall remain upon restore the Premises at and any improvements thereto that were removed or altered during the end of the Term without compensation to Tenant. LandlordTerm, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall includeincluding, without limitation, internal stairwaysany office area and/or mezzanine area located within the Building on the Commencement Date, raised floorsto the condition existing as of the date of this Lease. Subject to Paragraph 14, Tenant shall remove all personal baths property, including, without limitation, all wallpaper, paneling and showers, vaults, rolling file systems other decorative improvements or fixtures and structural shall perform all restoration made necessary by the removal of any alterations and modifications. The designated Required Removables shall be removed by Tenant or Tenant’s personal property before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion expiration of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestTerm, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilingsincluding, raising of floors or the installation of specialized for example, restoring all wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease, ordinary wear and tear and damage resulting from a casualty (provided such casualty is not the result of any Tenant Party’s negligence or willful misconduct) excepted. Landlord may elect to retain or dispose of in any manner Tenant’s personal property not removed from the Premises by Tenant prior to the expiration of the Term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of Tenant’s personal property. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered liable to Landlord when required hereunderfor Landlord’s actual and reasonable costs for storage, removal or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at disposal of Tenant’s expensepersonal property. If Tenant, remove any of such property and storewith Landlord’s consent, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds remains in possession of the Premises after expiration or termination of the term of Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall become be deemed to be a tenant from month-to-month tenancy terminable on the terms specified in written thirty (30) day notice at any time, by either party. All provisions of this Lease, except those pertaining to termTerm and rent, option shall apply to extendthe month-to-month tenancy. During such month-to-month tenancy, but at a Tenant shall pay monthly rental negotiable between rent in an amount equal to 150% of Basic Rent for the Partieslast full calendar month during the immediately preceding Term plus 100% of additional rent as provided in Paragraph 11 (Taxes), payable in advance on or before Paragraph 13 (Maintenance), Paragraph 16 (Insurance), subject to increase as provided therein; provided, however, during the first day thirty (30) days of each any such month-to-month tenancy, the above reference to “150%” shall be changed to a reference to “125%”. Each party Any such holdover rent shall give be paid on a per month basis without reduction for partial months during the other notice holdover. Acceptance by Landlord of intention rent after such expiration or earlier termination shall not constitute consent to terminate a hold over hereunder or result in an extension of this Lease. This paragraph shall not be construed to create any express or implied right to holdover beyond the tenancy at least one (1) month prior to expiration of the date of termination of a monthly tenancy. (c) IfTerm or any extension thereof. If Tenant, over without Landlord’s objectionwritten consent to remain in the Premises, Tenant holds possession of fails to surrender the Premises after expiration or termination of the term of this Lease or expiration of the holdover tenancyTerm, Tenant shall be deemed to be a tenant-at-sufferance andindemnify, defend and hold harmless Landlord from all loss or liability, including, without limiting the limitation, any loss or liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify resulting from any claim against Landlord and made by any replacement succeeding tenant for the Premises for any damages founded on or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate surrender and losses to Landlord due to lost opportunities to lease any portion of the Premises to succeeding tenants, together with, in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenanteach case, actual attorneys’ fees and costs.

Appears in 1 contract

Samples: Standard Industrial Lease (Dendreon Corp)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon No act by Landlord shall be an acceptance of a surrender of the Termination DatePremises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant’s right to possess the Premises, Tenant shall surrender and vacate (1) deliver to Landlord the Premises immediately with all improvements located thereon in good repair and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary reasonable wear and teartear (subject however to Tenant’s maintenance obligations) and damage by casualty or condemnation excepted, and damage caused by Landlord excepted. Tenant shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys to the Premises. All improvements in , and to (3) remove all signage placed on the Premises, including any Alterations the Building, or the Land by or at Tenant’s request. All fixtures, alterations, additions, and improvements (collectively, “Leasehold Improvements”whether temporary or permanent) shall be Landlord’s property and shall remain upon on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove the UPS System and the Generator & Diesel Tank and such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property from the Premises or such other property in the Project installed or owned by a Tenant Party as Landlord may request, provided such request is made within 20 days after the end of the Term; however, Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 26. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building or unreasonably interfere with other tenants’ use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a). (b) If Tenant fails to vacate the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lightsTerm, then Tenant shall also be obligated to return such surfaces to their condition prior a Tenant at will and Tenant shall pay, in addition to the commencement of this Lease. Tenant shall also be required other rent due hereunder, a daily base rental equal to close any staircases or other openings between floors. In the event possession 150% of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds possession daily Base Rent payable during the last month of the Premises after expiration of the term of this LeaseTerm, even if Landlord consents to such holdover, unless Landlord agrees otherwise in writing. Additionally, unless Landlord consents in writing to such holdover, Tenant shall become a tenant defend, indemnify, and hold harmless Landlord from month-to-month on any damage, liability and expense (including attorneys’ fees and expenses) incurred because of such holding over. No payments of money by Tenant to Landlord after the terms specified in this LeaseTerm shall reinstate, except those pertaining to termcontinue or extend the Term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term and no extension of this Lease or expiration of the holdover tenancy, Tenant Term shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify valid unless it is in writing and signed by Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenant.

Appears in 1 contract

Samples: Commercial Lease Agreement (Atx Group Inc)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord tear excepted. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior concurrently with Landlord’s consent to the Termination Datesuch Alteration, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that either (i) Landlord Work has informed Tenant that such Alterations are conditioned on Tenant’s removal, or Alterations that, (ii) in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Tenant shall not be required to remove any of the Landlord Work. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural and utility alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage to the Building caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then prior to vacating the Premises, Tenant shall also be obligated to return such surfaces to their the condition prior to they were in at the commencement of this the Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. Tenant shall pay to Landlord the cost of such work on demand, plus interest at the rate of ten percent (10%) per year. (b) If, without objection by Landlord, Tenant holds possession of the Premises after expiration of the term of this LeaseTermination Date, then Tenant shall become a tenant from month-to-month on the terms specified in this Lease, except those pertaining to term, option to extend, but at a monthly rental negotiable between of one hundred fifty percent (150%) of the PartiesBase Rent, payable in advance on or before without limitation of the first day of each monthEscalation Rent and other amounts due under this Lease. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term Termination Date, or Landlord’s termination of this Lease or expiration of the any permitted holdover tenancytenancy under Subparagraph (b) above, then, Tenant shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two one hundred fifty percent (200150%) of the then prevailing monthly rental paid by TenantBase Rent. Tenant shall also remain obligated to pay Escalation Rent and other amounts due under this Lease.

Appears in 1 contract

Samples: Office Lease (Asana, Inc.)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon No act by Landlord shall be an acceptance of a surrender of the Termination DatePremises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall surrender and vacate (1) deliver to Landlord the Premises immediately with all improvements located thereon in good repair and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary reasonable wear and teartear (subject however to Tenant's maintenance obligations) excepted, and damage caused by Landlord excepted. Tenant shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys to the Premises. All improvements in , and to (3) remove all signage placed on the Premises, including any Alterations the Building or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (collectively, “Leasehold Improvements”whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within fifteen (15) days after the end of the Term and provided that the installation or construction of the applicable alteration, improvement, additions, fixture or wiring was not consented to by Landlord in writing (unless at the time of consent, Landlord informed Tenant that such item would need to be removed upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs (if a sale, after deducting proceeds of sale of such items) incurred by Landlord in connection therewith. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16.(a). (b) If Tenant fails to vacate the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lightsTerm, then Tenant shall also be obligated to return such surfaces to their condition prior a Tenant at will and Tenant shall pay, in addition to the commencement of this Lease. Tenant shall also be required other rent due hereunder, a daily base rental equal to close any staircases or other openings between floors. In the event possession 200% of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds possession daily Base Rent payable during the last month of the Premises after expiration of the term of this LeaseTerm. Additionally, Tenant shall become a tenant defend, indemnify, and hold harmless Landlord from month-to-month on any damage, liability and expense (including attorneys' fees and expenses) incurred because of such holding over. No payments of money by Tenant to Landlord after the terms specified in this LeaseTerm shall reinstate, except those pertaining to termcontinue or extend the Term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term and no extension of this Lease or expiration of the holdover tenancy, Tenant Term shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify valid unless it is in writing and signed by Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Ixc Communications Inc)

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SURRENDER OF PREMISES; HOLDING OVER. (a) Upon A. At the Termination Datetermination of this Lease, whether caused by lapse of time or otherwise, Tenant shall at once surrender and vacate possession of the Premises immediately and deliver possession thereof them to Landlord in a cleanas good repair and condition as existed at the Commencement Date, good and tenantable condition, ordinary reasonable wear and teartear excepted, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys (or other access control devices) the Premises and if such possession is not immediately surrendered, Landlord may forthwith enter upon and take possession of the Premises and expel or remove Tenant and any other person who may be occupying them, or any part thereof, without having any civil or criminal liability therefor. B. All alterations, additions or improvements (whether temporary or permanent in character) made to or fixtures installed in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property on termination of this Lease and shall remain on the Premises. All improvements in and to Notwithstanding the Premisesforegoing, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end termination of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, this Lease Landlord may require direct Tenant, at its Tenant's expense, to remove (a) any Cable all alterations, improvements, and additions installed by or for Tenant and return the benefit of TenantPremises to the condition that existed at the Commencement Date. Subject to Paragraph 25 hereof and provided that all sums owed by Tenant hereunder have been paid, all movable office furniture and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of equipment not attached to the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall Building may be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement termination of this Lease. Tenant All such removals shall also be required accomplished in a good workmanlike manner so as not to close any staircases damage the Premises or the structural components of the Building or the plumbing, electrical lines or other openings between floors. In utilities, and any damage resulting from such removals shall be repaired at Tenant's expense. C. All alterations, additions, and improvements directed by Landlord to be removed and all movable office furniture and equipment not attached to the event possession of the Premises is Building not delivered promptly removed after such termination shall thereupon be conclusively presumed to have been abandoned by Tenant, and Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)may, at Tenant’s expenseits option, remove any take over possession of such property and store, sell either (a) declare same to be the property of Landlord by written notice thereof to Tenant or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, at the sole costs and expense of Tenant remove and store the same or any part thereof in any manner that Landlord shall choose without objection incurring liability to Tenant or any other person (any such removal and storage costs and expenses being payable by Landlord, Tenant holds possession of upon demand). D. Should Tenant continue to hold the Premises after expiration of the term termination of this Lease, Tenant shall become whether the termination occurs by lapse of time or otherwise, such holding over shall, unless otherwise agreed by Landlord in writing, constitute and be construed as a tenant from month-to-month on the terms specified in this Lease, except those pertaining to term, option to extend, but tenancy at will at a daily rental equal to one-thirtieth of an amount equal to one hundred fifty percent (150%) of the amount of the monthly rental negotiable between payable during the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) last month prior to the date of termination of a monthly tenancy. (c) Ifthis Lease, over Landlord’s objection, Tenant holds possession and upon and subject to all of the Premises other terms, provisions, covenants and agreements set forth herein except any right to renew this Lease. No payments of money by Tenant to Landlord after expiration the termination of this Lease shall reinstate, continue or extend the term of this Lease or expiration and no extension of this Lease after the holdover tenancy, termination hereof shall be valid unless and until the same shall be reduced to writing and signed by both Landlord and Tenant. Tenant shall be deemed liable to be a tenant-at-sufferance and, without limiting the liability Landlord for all damage which Landlord shall suffer by reason of any holding over by Tenant for unauthorized occupancy of the Premises, and Tenant shall indemnify Landlord and against all claims made by any replacement other tenant for or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Premises for any damages to such other tenant or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenantprospective tenant.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Royal Bodycare Inc/Nv)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon No act by Landlord shall be an acceptance of a surrender of the Termination DatePremises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall surrender and vacate (1) deliver to Landlord the Premises immediately with all improvements located thereon in good repair and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary reasonable wear and teartear (subject however to Tenant's maintenance obligations) excepted, and damage caused by Landlord excepted. Tenant shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys to the Premises. All improvements in and to , (3) remove all signage placed on the Premises, including any Alterations the Building, or the Land by or at Tenant's request, and (collectively4) deliver the Premises in the condition set forth on Exhibit E attached hereto. All fixtures, “Leasehold Improvements”alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within thirty (30) days after the end of the Term and provided that the installation or construction of the applicable alteration, improvement, additions, fixture or wiring was not consented to by Landlord in writing (unless at the time of consent, Landlord informed Tenant that such item would need to be removed upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 26. All work required of Tenant under this Section 16 shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16. (b) If Tenant fails to vacate the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lightsTerm, then Tenant shall also be obligated to return such surfaces to their condition prior a Tenant at will and Tenant shall pay, in addition to the commencement other rent due hereunder, a monthly rental (without reduction for partial months) equal to 200% of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In all rental payable during the event possession last month of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds possession of the Premises after expiration of the term of this LeaseTerm. Additionally, Tenant shall become a tenant defend, indemnify, and hold harmless Landlord from month-to-month on any damage, liability and expense (including attorneys' fees and expenses) incurred because of such holding over. No payments of money by Tenant to Landlord after the terms specified in this LeaseTerm shall reinstate, except those pertaining to termcontinue or extend the Term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term and no extension of this Lease or expiration of the holdover tenancy, Tenant Term shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify valid unless it is in writing and signed by Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Major League Football Inc)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon the Termination Date, A. Tenant shall agrees to surrender and vacate the Premises immediately and deliver possession thereof the Premises Building to Landlord on the Expiration Date (or sooner termination of the Lease Term pursuant to other applicable provisions hereof) in a clean, as good and tenantable conditioncondition as they were at the completion of construction of Tenant's Improvements, ordinary wear and tear, and damage caused by Landlord fire and windstorm excepted. Tenant may remove any of Tenant's personal property and any special bank fixtures installed by the Tenant, provided that Tenant shall deliver to Landlord all keys repair any damage to the Premises. All improvements Premises Building caused thereby. B. Tenant will pay to Landlord, upon request, all damages that Landlord may suffer on account of Tenant's failure to surrender possession as and when aforesaid and will indemnify Landlord against all liabilities, costs and expenses (including all reasonable attorneys' fees and costs if any) arising out of Tenant's delay in and to the Premisesso delivering possession, including claims of any Alterations (collectivelysucceeding tenant. C. Upon expiration or termination of the Lease Term, “Leasehold Improvements”) shall remain upon Tenant will not be required to remove from the Premises at and the end Premises Building standard items, all of such Premises and the Term without compensation to Premises Building standard items are the property of Landlord. However, should Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Dateexpiration or termination of the Lease Term or during the Lease Term, may require Tenant, at its expense, install or cause to remove (a) be installed fixtures or any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially tenant improvements in excess of Premises and the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s requestPremises Building standard, Landlord shall advise have the option of retaining same or requiring Tenant in writing as to remove same. Landlord has no obligation to compensate Tenant for any items which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors required hereunder to remain on or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of with the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds possession of the Premises after expiration of the term of this Lease, Tenant shall become a tenant from month-to-month on the terms specified in this Lease, except those pertaining to term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancyBuilding. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term of this Lease or expiration of the holdover tenancy, Tenant shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenant.

Appears in 1 contract

Samples: Shopping Center Space Lease (Florida Savings Bancorp Inc)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon No agreement to accept a surrender of the Termination DatePremises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall surrender and vacate (1) deliver to Landlord the Premises immediately with all improvements located thereon in good repair and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary reasonable wear and teartear (subject however to Tenant's maintenance obligations) excepted, and damage caused by Landlord excepted. Tenant shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys to the Premises. All improvements in , and to (3) remove all signage placed on the Premises, including any Alterations the Building or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (collectively, “Leasehold Improvements”whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvement, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within fifteen (15) days after the end of the Term and provided that the installation or construction of the applicable alteration, improvement, additions, fixture or wiring was not consented to by Landlord in writing (unless at the time of consent, Landlord informed Tenant that such item would need to be removed upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs (if a sale, after deducting proceeds of sale of such items) incurred by Landlord in connection therewith. All work required of Tenant under this Section 16 (a.) shall be coordinated with Landlord and be done in good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16(a.) (b) If Tenant fails to vacate the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lightsTerm, then Tenant shall also be obligated to return such surfaces to their condition prior a Tenant at will and Tenant shall pay, in addition to the commencement of this Lease. Tenant shall also be required other rent due hereunder, a daily base rental equal to close any staircases or other openings between floors. In the event possession 200% of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds possession daily Base Rent payable during the last month of the Premises after expiration of the term of this LeaseTerm. Additionally, Tenant shall become a tenant defend, indemnify, and hold harmless Landlord from month-to-month on any damage, liability and expense (including attorneys' fees and expenses) incurred because of such holding over. No payments of money by Tenant to Landlord after the terms specified in this LeaseTerm shall reinstate, except those pertaining to termcontinue or extend the Term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term and no extension of this Lease or expiration of the holdover tenancy, Tenant Term shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify valid unless it is in writing and signed by Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Ixc Communications Inc)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon At the Termination Dateexpiration or termination of this Lease, Tenant shall surrender and vacate deliver to Landlord the Premises immediately and deliver possession thereof to Landlord with all improvements located therein in a cleanthe condition the same were in as of the Commencement Date, good and tenantable condition, ordinary reasonable wear and teartear excepted, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. All improvements Tenant may remove all equipment, attached or unattached trade fixtures, furniture, and personal property, equipment, wiring, conduits and cabling placed in and the Premises or elsewhere in the Building by Tenant so long as Tenant repairs all damage caused by such removal and, to the Premisesextent required under Section 8.2 of this Lease, including shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture as Landlord may request, and repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Tenant and without any Alterations (collectively, “Leasehold Improvements”) obligation to account for such items. The provisions of this Article shall remain upon survive the expiration or earlier termination of this Lease. If Tenant fails to vacate the Premises at the end of the Term without compensation Term, then Tenant shall be a tenant at sufferance and Tenant shall, in addition to Tenant. LandlordAdditional Rent and other charges under this Lease, howeverowe Base Rent equal to one hundred fifty percent (150%) of the Base Rent payable during the last month of the Term, by written notice and Tenant shall otherwise continue to Tenant at least 30 days prior be subject to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit all of Tenant’s obligations under this Lease and in addition shall be liable for any court costs, legal costs and (b) any reasonable attorneys fees that Landlord Work or Alterations that, in Landlordincurs as a result of Tenant’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modificationsholding over. The designated Required Removables provisions of this Article shall not be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation deemed to limit or removal constitute a waiver of Required Removablesany other rights or remedies of Landlord provided herein or at Law. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of surrender the Premises is not delivered to Landlord when required hereunder, upon the termination or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds possession of the Premises after expiration of the term of this Lease, in addition to any other liabilities to Landlord accruing there from, Tenant shall become a protect, defend, indemnify and hold Landlord harmless from all loss, costs, including reasonable attorneys’ fees, and liability resulting from such failure, including any claims made by any succeeding tenant from month-to-month on founded upon such failure to surrender, and any lost profits to Landlord resulting there from. After the terms specified in this Lease, except those pertaining to term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first thirtieth (30th) day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession any holdover of the Premises after expiration of by Tenant, and notwithstanding the term above or any other provision of this Lease or expiration of to the holdover tenancycontrary, Tenant shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant liable for unauthorized occupancy of the Premises, Tenant shall indemnify Landlord consequential damages and any replacement tenant for other damages permitted under this Lease or at Law, direct or otherwise, to Landlord in the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure event Tenant fails to vacate the Premises in within sixty (60) days after Landlord notifies Tenant that Landlord has entered into a timely mannerlease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover. The monthly rental shall be at two hundred percent Such sixty (200%60) day notice period may run concurrently with the initial thirty (30) days of the then prevailing monthly rental paid by Tenantany Tenant holdover.

Appears in 1 contract

Samples: Industrial Lease (A123 Systems, Inc.)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon No act by Landlord shall be an acceptance of a surrender of the Termination DatePremises, and no agreement to accept a surrender of the Premises and Equipment Yard Area shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises and Equipment Yard Area, Tenant shall surrender and vacate shall (1) deliver to Landlord the Premises immediately with all improvements located thereon in reasonably good repair and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary reasonable wear and teartear (subject however to Tenant's maintenance obligations) and damage due to casualty and condemnation excepted, and damage caused by Landlord excepted. Tenant shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in reasonably good working order, (2) deliver to Landlord all keys to the Premises. All improvements in , and to (3) remove all signage placed on the Premises, the Building, or the Land by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) including raised flooring and transformers, shall be Landlord's property and shall remain on the Premises or Equipment Yard Area except as provided in the next two sentences and in 16(b) below. Tenant may renovate all trade fixtures, furniture, equipment and personal property placed in the Premises and the Equipment Yard Area by Tenant (but Tenant shall not remove any Alterations such item which was paid for, in whole or in part, by Landlord) provided that Tenant shall repair any damage caused by such removal. Additionally, Tenant shall restore the Building and associated parking area to the original Building Shell condition (collectivelyexcept for the office area) as Landlord may request, “Leasehold Improvements”provided such request is made within three (3) months prior to the termination of the Lease. All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 16(a). All work required of Tenant under Sections 16(a) and 16(b) shall remain upon be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under Sections 16(a) and 16(b). (b) In accordance with the notice provision in Section 16(a), Tenant shall be obligated at Landlord's request to remove any or all equipment from the Equipment Yard Area and from any other portions of the Building or surrounding buildings affected thereby and to restore the Equipment Yard Area and such portions of the Building or Park to the condition that existed immediately prior to the installation of the Equipment, normal wear and tear excepted. Upon the expiration or earlier termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Equipment and the remaining Equipment. If Tenant fails to so remove the Equipment as requested by Landlord, prior to thirty (30) days after the expiration or earlier termination of this Lease, Landlord may have the same removed and any resulting damage repaired at Tenant's cost and expense and in such event the Equipment will become the property of Landlord automatically and may be disposed of by Landlord in its sole discretion, without any right of reimbursement therefor to Tenant. Tenant's obligations under this Paragraph 16 shall survive the expiration or early termination of this Lease. (c) If Tenant fail to vacate the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lightsTerm, then Tenant shall also be obligated to return such surfaces to their condition prior a Tenant at will and Tenant shall pay, in addition to the commencement of this Lease. Tenant shall also be required other rent due hereunder, a daily base rental equal to close any staircases or other openings between floors. In the event possession 150% of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds possession daily Base Rent payable during the last month of the Premises after expiration of the term of this LeaseTerm, even if Landlord consents to such holdover, unless Landlord agrees otherwise in writing. Additionally, Tenant shall become a tenant defend, indemnify, and hold harmless Landlord from month-to-month on any damage, liability and expense (including reasonable attorneys' fees and expenses) incurred because of such holding over. No payments of money by Tenant to Landlord after the terms specified in this LeaseTerm shall reinstate, except those pertaining to termcontinue or extend the Term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term and no extension of this Lease or expiration of the holdover tenancy, Tenant Term shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify valid unless it is in writing and signed by Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenant.

Appears in 1 contract

Samples: Commercial Lease Agreement (Digital Island Inc)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon No act by Landlord shall be an acceptance of a surrender of the Termination DatePremises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall surrender and vacate (1) deliver to Landlord the Premises immediately with all improvements located thereon, other than the Backup Equipment and deliver possession thereof to Landlord Tenant's security system, in a cleangood repair and in working order, good and tenantable condition, ordinary reasonable wear and tear, tear (subject however to Tenant's maintenance obligations) and damage caused by Landlord casualty or condemnation excepted. Tenant shall , (2) deliver to Landlord all keys to the Premises. , and (3) remove all signage placed on the Premises by or at Tenant's request All fixtures, alterations, additions, and improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”whether temporary or permanent) shall be Landlord's property and shall remain upon on the Premises except as provided in the next two sentences. Tenant may remove all the Backup Equipment as well as Tenant's security system and all unattached fixtures, furniture, and personal property placed in the Premises by Tenant Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property as Landlord may request unless Landlord has specifically approved in writing the installation thereof and did not indicate to Tenant in writing, when such approval was granted, that Tenant would have to remove the item at the end of the Term without compensation Term. All work required of Tenant under this Section 16.(a) shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to Tenantdamage the Building. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenantshall, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair all damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such any work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed performed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of under this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated toSection 16.(a), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, If Tenant holds remains in possession of the Premises after the expiration of the term Term without the execution of this Leasea new lease or of an agreement extending the Term, but Tenant and Landlord are engaged in negotiations for a new lease or extension, then, Tenant shall become a tenant from month-to-month on the terms specified in this Lease, except those pertaining to term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term of this Lease or expiration of the holdover tenancy, Tenant shall will be deemed to be occupying the Premises as a tenant-at-sufferance andTenant from month to month, without limiting the liability of Tenant for unauthorized occupancy subject to all of the Premisesterms of this Lease as may be applicable to a month to month tenancy, and at the Base Rent and other charges provided for in the last preceding year, prorated on a monthly basis. If, however, Landlord has delivered notice to Tenant that it does not wish to continue or does not wish to begin negotiations, as the case may be, then, effective as of the later of 90 days after the date Landlord delivers such notice to Tenant or the expiration date of the Term, Tenant shall indemnify Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to must vacate the Premises in a timely mannerPremises. The monthly rental If Tenant does not do so, then Tenant shall be at a holdover tenant and during the holdover period Tenant must pay as Base Rent an amount equal to two hundred percent (200%) of the then prevailing monthly rental paid Base Rent provided for in the last preceding year, plus other rent which would be due during such holdover period if this Lease were still in effect Additionally, Tenant shall defend, indemnify, and hold harmless Landlord from any damage, liability and expense (including attorneys' fees and expenses) incurred because of such holding over. No payments of money by Tenant to Landlord after the Term shall reinstate, continue or extend the Term, and, except as set forth above, no extension of the Term shall be valid unless it is in writing and signed by Landlord and Tenant.

Appears in 1 contract

Samples: Commercial Lease Agreement (Alliance Data Systems Corp)

SURRENDER OF PREMISES; HOLDING OVER. 19.1 Tenant's Equipment shall be, and subject to the provisions of Section 19.2 hereof shall remain, the property of Tenant for all purposes during the Term. Tenant may remove all or any part of Tenant's Equipment provided (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end no Event of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of TenantDefault then exists, and (b) removal thereof will not cause any Landlord Work material damage to any portion of the Office Building Project Tenant shall repair or Alterations thatpay the cost of repairing any damage to the Office Building Project or any part thereof resulting from such removal. All other articles of personal property located at the Premises, including, without limitation (i) items owned by Landlord, (ii) items owned by third parties, and (iii) all building equipment, facilities, fixtures, building machinery, utility systems and articles of personal property which have been built into or permanently affixed to the Premises at any time prior to or during the Term and which cannot be removed without material damage (in the opinion of Landlord’s reasonable judgment) to the Premises, are expressly excluded from the definition of a nature that would require removal Tenant's Equipment and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall may not be removed by Tenant before at any time prior to, at or after the Termination Date. . 19.2 Tenant shall repair damage caused by shall, on the installation Termination Date or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or upon any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession re-entry of the Premises is by Landlord, immediately and peaceably quit and surrender the Premises, the Alterations and any personal property not delivered constituting Tenant's Equipment to Landlord when required hereunderor its designee, or if Tenant shall fail to remove those items described abovewithout delay, Landlord may broom clean and in good working order, condition and repair, ordinary wear and tear excepted, ETelecare Global Solutions 7/01/05 free and clear of all tenancies, occupancies, liens, charges, encumbrances and other defects in title caused by Tenant, except (but shall a) the lien of Real Estate Taxes not be obligated to)yet due and payable, at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) Ifthe Permitted Exceptions, (c) all Landlord's Mortgages, and (d) those to which Landlord has consented in writing; in all instances without objection any payment or allowance whatsoever by Landlord therefor. In addition, Tenant shall, on request, execute, acknowledge and deliver to Landlord or its designee a written instrument containing such assurances of title to the personal property as Landlord or its designee may request, together with an instrument in recordable form evidencing the cancellation of any memorandum of this Lease recorded on or after the date hereof. So long as no Event of Default hereunder then exists, Tenant shall, upon the Termination Date or any re-entry by Landlord, Tenant holds possession remove all of Tenant's Equipment from the Premises and completely repair all damage to the Office Building Project or to any part thereof caused by such removal. All Tenant's Equipment which remains on the Premises fifteen (15) days after the Termination Date or any re-entry by Landlord conclusively shall be deemed to have been abandoned and Landlord may, at its option (but subject to the rights of third parties), either cause such property to be placed into public storage for Tenant's account, retain the same as its own property or otherwise dispose of the Premises same, in any case at Tenant's sole expense. Nothing contained in this Section 19.2 shall be deemed to constitute a waiver of Landlord's lien rights. 19.3 Any holdover after the expiration of the term Term with the written consent of this Lease, Tenant Landlord shall become be construed as a tenant tenancy from month-to-month on the same terms specified and conditions as contained in this Lease, insofar as the same are applicable to a month-to-month tenancy, except those pertaining to term, option to extend, but at a that monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party Fixed Rent shall give the other notice of intention to terminate the tenancy at least be one and one-quarter (1-1/4) times the monthly Fixed Rent for the last full month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises Term. Any holdover after the expiration of the term Term without the written consent of this Lease or expiration of the holdover tenancy, Tenant Landlord shall be deemed construed to be a tenanttenancy at sufferance on the same terms and conditions as contained in this Lease, insofar as the same are applicable to a tenancy at sufferance, except that monthly Fixed Rent shall be one and one-athalf (1-sufferance and, without limiting 1/2) times the liability of Tenant monthly Fixed Rent for unauthorized occupancy the last full month of the Premises, Tenant shall indemnify Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by TenantTerm.

Appears in 1 contract

Samples: Office Building Lease (eTelecare Global Solutions, Inc.)

SURRENDER OF PREMISES; HOLDING OVER. (a) Upon No act by Landlord shall be an acceptance of a surrender of the Termination DatePremises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall surrender and vacate (1) deliver to Landlord the Premises immediately with all improvements located thereon in good repair and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary reasonable wear and teartear (subject however to Tenant's maintenance obligations) excepted, and damage caused by Landlord excepted. Tenant shall with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to Landlord all keys to the Premises. All improvements in , and to (3) remove all signage placed on the Premises, including any Alterations the Building, or the Land by or at Tenant's request. All Building fixtures, alterations, additions, and improvements (collectively, “Leasehold Improvements”whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all equipment, trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). For purposes of clarification of the foregoing, Landlord agrees that Tenant may remove any equipment used in Tenant’s business operations from the Premises. Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within thirty (30) days after the end of the Term and provided that the installation or construction of the applicable alteration, improvement, additions, fixture or wiring was not consented to by Landlord in writing (unless at the time of consent, Landlord informed Tenant that such item would need to be removed upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. Any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 26. All work required of Tenant under this Section 16 shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 16. (b) If Tenant fails to vacate the Premises at the end of the Term or otherwise remains in possession of any portion of the Premises, then such holdover shall be an incurable default, and Tenant shall be a Tenant at will and Tenant shall pay, in addition to the other rent due hereunder, a monthly rental (without compensation reduction for partial months) equal to Tenant150% of all rental payable during the last month of the Term. LandlordNotwithstanding the foregoing, however, by nothing under Texas law shall require Landlord to give Tenant more than thirty (30) days prior written notice to terminate Tenant’s tenancy-at-will. Additionally, Tenant at least 30 days prior to the Termination Dateshall defend, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenantindemnify, and (b) hold harmless Landlord from any Landlord Work or Alterations thatdamage, in Landlord’s reasonable judgmentliability and expense incurred because of such holding over, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall includeincluding, without limitation, internal stairwaysattorneys’ fees and expenses, raised floorsand loss of future tenants or rentals. No payments of money by Tenant to Landlord after the Term shall reinstate, personal baths continue or extend the Term, and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables no extension of this Term shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time valid unless it requests approval for a proposed Alteration, may request is in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. If any of the Tenant Additions which were installed and signed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. (b) If, without objection by Landlord, Tenant holds possession of the Premises after expiration of the term of this Lease, Tenant shall become a tenant from month-to-month on the terms specified in this Lease, except those pertaining to term, option to extend, but at a monthly rental negotiable between the Parties, payable in advance on or before the first day of each month. Each party shall give the other notice of intention to terminate the tenancy at least one (1) month prior to the date of termination of a monthly tenancy. (c) If, over Landlord’s objection, Tenant holds possession of the Premises after expiration of the term of this Lease or expiration of the holdover tenancy, Tenant shall be deemed to be a tenant-at-sufferance and, without limiting the liability of Tenant for unauthorized occupancy of the Premises, Tenant shall indemnify Landlord and any replacement tenant for the Premises for any damages or loss suffered by either Landlord or the replacement tenant resulting from Tenant’s failure to vacate the Premises in a timely manner. The monthly rental shall be at two hundred percent (200%) of the then prevailing monthly rental paid by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Luminex Corp)

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