Common use of Surrender of Premises Clause in Contracts

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 2 contracts

Samples: Office Lease Agreement (ForgeRock, Inc.), Office Lease Agreement (ForgeRock, Inc.)

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Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall remove Tenant’s Property will at once surrender possession and any and all Required Removables from vacate the Premises, and quit and surrender the Premises together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to Landlordremove pursuant to Section 8 hereof), broom clean, and to Landlord in the same order, good condition and repair as receivedrepair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and damage tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If if Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore within one (1) day after the Premises to the required condition as of the date of termination of this Lease Lease, or Tenant’s right to possession of the Premiseshereunder, Landlord, at Tenant’s sole cost and expenseexpenses, shall be entitled (but not obligated) to remove and/or store such Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord the Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s Property to be have been abandoned and, at Landlord’s option, by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in Landlord or Landlord may dispose under this Lease as by a xxxx of Tenant’s Property in any manner Landlord deems appropriatesale.

Appears in 2 contracts

Samples: Office Lease Agreement (Great Basin Scientific, Inc.), Office Lease Agreement

Surrender of Premises. At the Tenant shall, upon expiration or sooner termination of this Lease or Tenant’s right of possessionLease, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and Landlord in the same ordercondition as existed on the date Tenant commenced business operations therein, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated by fire or other casualty excepted and subject to repair hereunder exceptedTenant’s obligations under Paragraphs 12, 13, 38 and 39 and the Tenant Improvement Agreement. Tenant shall remove all of its debris from the Project. At or before the time of surrender, Tenant shall comply with the terms of Paragraph 12 with respect to the removal of Alterations to the Premises, Paragraph 13 with respect to the removal of Tenant’s Signs, Paragraph 38 with respect to the removal of Equipment, Paragraph 39 with respect to removal of Lines, and casualty Section 10 of the Tenant Improvement Agreement with respect to the removal of Tenant Improvements. To the extent any such provisions of this Lease or the Tenant Improvement Agreement require Tenant to remove Alterations, Tenant’s Signs or Tenant Improvements, Tenant, at Tenant’s expense, shall remove such items and condemnation damageperform such repair and restoration work prior to the expiration or upon the earlier termination of this Lease. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, the provisions of Paragraph 26 hereof shall apply. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Tenant shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to which Sections 16 and 17 shall controlany holding over by Tenant. If Tenant fails to remove any of participate in such joint inspection, Landlord’s inspection at or after Tenant’s Property or Required Removables, or to restore vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. Any delay caused by Tenant’s failure to carry out its obligations under this Paragraph 36 beyond the required condition as term hereof, shall constitute unlawful and illegal possession of Premises under Paragraph 26 hereof. Any personal property of any kind remaining in the date of Premises after the expiration or sooner termination of this Lease or Tenant’s right to possession shall become the personal property of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem hereby relinquishes all or any part of Tenant’s Property to be abandoned and, at Landlord’s optionright, title to Tenant’s Property shall vest and interest in Landlord or the personal property and agrees that Landlord may dispose of Tenant’s Property the personal property as it sees fit in its sole discretion. Tenant waives the provisions of California Civil Code Sections 1980 et seq. and 1993 et seq. governing the disposal of lost or abandoned property, and releases Landlord and Landlord Parties from any manner Landlord deems appropriateand all Losses, whether now known or unknown, arising out of or relating to disposal of personal property remaining in the Premises after the expiration or sooner termination of this Lease.

Appears in 2 contracts

Samples: Freshworks Inc., Freshworks Inc.

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property and any and all Required Removables (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrepair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage which located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, 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 (“Special Installations”); and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord is obligated may, in Landlord’s sole discretion and at no cost to repair hereunder exceptedLandlord, and casualty and condemnation damage, as require Tenant to which Sections 16 and 17 shall controlleave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property or Required Removables, or (other than Special Installations which Landlord has designated to restore remain in the Premises to Premises) within 2 days after the required condition as of the date of termination of this Lease or of Tenant’s right to possession of the Premisespossession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or and store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the PremisesRemovable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned andabandoned, at Landlord’s option, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or Landlord may dispose before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Property in any manner Landlord deems appropriateRemovable Property.

Appears in 2 contracts

Samples: Office Lease (Power Efficiency Corp), Office Lease (CSR PLC)

Surrender of Premises. At By taking possession of the Premises, subject to Landlord's performance of its obligations under Section 7, Tenant shall be deemed to have accepted the Premises and the Property in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. On the Expiration Date or earlier termination of this Lease or Tenant’s right of possessionLease, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to LandlordLandlord in its condition as of the Commencement Date, broom clean, and in the same order, condition and repair as received, ordinary normal wear and tear excepted. Tenant shall remove from the Premises all of Tenant's Personal Property and any Alterations required to be removed pursuant to Section 9 of this Lease. Tenant shall repair any damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall controlor perform any restoration work required by the removal. If Tenant fails to timely remove any of Tenant’s Personal Property or Required RemovablesAlterations as aforesaid, or to restore Landlord may remove the property and store and/or dispose of the same at Tenant's expense, including interest at the Interest Rate. If the Premises to are not so surrendered at the required condition as of the date of termination of this Lease or Tenant’s right to possession of Lease, Tenant shall indemnify Landlord against all Claims resulting from delay by Xxxxxx in so surrendering the Premises, Landlordincluding, at Tenant’s sole cost without limitation, any claims made by any succeeding tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property attorneys' fees and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertycosts. Tenant shall pay give written notice to Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within at least thirty (30) days after notice, prior to vacating the Premises and shall meet with Landlord may deem all or any part for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s Property 's failure to give such notice or participate in such joint inspection, Landlord's inspection at or after Xxxxxx's vacating the Premises shall conclusively be abandoned and, at Landlord’s option, title to deemed correct for purposes of determining Tenant’s Property shall vest in Landlord or Landlord may dispose 's responsibility for removal of Tenant’s Property in any manner Landlord deems appropriateAlterations and repairs and restoration of the Premises.

Appears in 2 contracts

Samples: Avantgo Inc, Avantgo Inc

Surrender of Premises. At Upon the expiration or earlier termination of this Sublease or the termination of this Lease or TenantSubtenant’s right of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from possession to the Premises, Subtenant shall surrender and quit and surrender vacate the Premises and deliver possession thereof to Landlord, broom clean, Sublandlord peaceably and quietly in the same ordercondition they are in as of the date hereof, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder from casualty excepted, and casualty and condemnation damage, Subtenant shall further comply with all of Sublandlord’s duties as “Tenant” under the Prime Lease relating to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession surrender of the Premises, Landlordif any. If: (a) required by the terms of the Prime Lease or this Sublease; or (b) upon the occurrence of an Event of Default hereunder (and in such case, at TenantSublandlord’s sole cost request), Subtenant shall promptly remove any alterations, installations, additions, and expenseimprovements, and Subtenant shall be entitled (but not obligated) repair any damage occasioned by the removal thereof, all to the extent required by, and in accordance with, Section 9 hereof. If Subtenant shall fail to promptly remove and/or store Tenant’s Property any such alterations, installations, additions, and Required Removables, as improvements which Sublandlord or the case may be, and/or perform such restoration of the Premises. Prime Landlord shall not designate to be responsible removed in accordance with this Section, then such items may be removed by Sublandlord, and Subtenant shall promptly reimburse Sublandlord for any expenses incurred by Sublandlord in connection therewith, including, without limitation, the valuecost of removal thereof and of repairing any damage caused thereby, preservation or safekeeping of Tenant’s Propertyplus a fifteen percent (15%) administration fee. Tenant Subtenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to also remove Tenant’s Property from the Premises all of Subtenant’s goods, effects, movable personal property, business and trade fixtures, and machinery and trade equipment, and shall repair all damage resulting from such removal. Any of such items not so removed by Subtenant at the expiration or storagetermination of this Sublease shall be conclusively deemed to have been abandoned by Subtenant. Subtenant shall not receive any cost or credit therefor, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord and Sublandlord may dispose of Tenant’s Property the same without any liability to Subtenant; provided, however, that Subtenant shall promptly reimburse Sublandlord for any expenses incurred by Sublandlord in connection therewith, including, without limitation, the cost of removal thereof and of repairing any manner Landlord deems appropriatedamage caused thereby, plus a fifteen percent (15%) administration fee. Subtenant shall have no obligation to remove any installations or improvements made to the Premises prior to the Term.

Appears in 2 contracts

Samples: Sublease (Mesoblast LTD), Sublease (Mesoblast LTD)

Surrender of Premises. At Upon the expiration or earlier termination of the Term of this Lease or Tenant’s right of possessionLease, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and peaceably quit and surrender to Landlord the Premises to Landlord, broom clean, in neat and clean condition and in the same good order, condition and repair repair, together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease (except as receivedhereinafter provided), excepting only ordinary wear and tear use and damage which Landlord is obligated by fire or other casualty for which, under other provisions of this Lease, Tenant has no responsibility to repair hereunder exceptedor restore. Tenant shall remove all of Tenant’s Removable Property, and, to the extent specified by Landlord, all alterations and casualty additions made by Tenant; and condemnation damageshall repair any damages to the Premises or the Building caused by such removal. Notwithstanding anything to the contrary contained herein, as Landlord shall not be entitled to which Sections 16 and 17 shall control. If require Tenant fails to remove any wiring or cabling from the Premises at the expiration of Tenant’s Property or Required Removablesthe Term unless (i) Tenant exercises its Acceleration Option in accordance with the terms of Article 17 of this Lease, or to restore (ii) Tenant defaults under this Lease, and as a result thereof, Landlord terminates the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises. Any Tenant’s Removable Property which shall remain in the Building or on the Premises after the expiration or termination of the Term of this Lease shall be deemed conclusively to have been abandoned, Landlordand either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 2 contracts

Samples: Lease (Enova International, Inc.), Lease (Enova International, Inc.)

Surrender of Premises. At the Tenant shall, upon expiration or earlier termination of this Lease Lease, promptly surrender the Premises (including all Alterations, additions and improvements which Landlord has not designated in writing that for removal from the Premises pursuant to Section 10.3(f)) in ordinary operating condition and in conformity with the applicable provisions of this Lease, excepting only reasonable wear and tear, damage by fire or other casualty, takings, and any items that Landlord is obligated to maintain, repair or replace. Upon the expiration or earlier termination of this Lease, and ninety (90) days prior to Tenant vacating the Premises, Landlord and Tenant shall jointly inspect the Premises and Tenant shall either complete any required repairs or pay to Landlord the amount reasonably estimated by Landlord as necessary to put the Premises in the condition required to be surrendered hereunder. Any work required to be done by Tenant prior to its vacating of the Premises which has not been completed upon such vacating of the Premises, shall be completed by Landlord and billed to Tenant’s right . If Tenant is dispossessed by process of possessionlaw or otherwise, Tenant shall remove Tenant’s its Personal Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premisesits Personal Property, Landlord, at its option may, upon ten (10) days prior written notice to Tenant, treat such failure as a hold over, and/or may (without liability to Tenant for loss thereof), at Tenant’s sole cost and expenseexpense and in addition to Landlord’s other rights and remedies under this Lease, shall be entitled at law or in equity: (but not obligateda) to remove and store such items; and/or store Tenant’s Property and Required Removables, (b) sell such items at private or public sale for such price as the case Landlord at its discretion may be, and/or perform such restoration of the Premisesobtain. Landlord shall not be responsible for apply the valueproceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord’s attorneys fees and other costs incurred in the removal, preservation or safekeeping storage and/or sale of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storagesuch items), within thirty (30) days after notice, Landlord may deem all or with any part of Tenant’s Property remainder to be abandoned and, at Landlord’s option, title paid to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 2 contracts

Samples: Lease Agreement (Spero Therapeutics, Inc.), Lease Agreement (Spero Therapeutics, Inc.)

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the PremisesPremises (other than Alterations which Landlord agrees, or has previously agreed in a binding written notice or agreement, may be surrendered pursuant to the terms of this Lease), and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as receivedit was when originally delivered by Landlord to Tenant (whether pursuant to the terms hereof, the Prior Lease or the Sublease Agreement), ordinary wear and tear tear, maintenance expressly required of Landlord by the terms hereof, and damage which Landlord is obligated to repair hereunder exceptedhereunder, removal and/or remediation of Hazardous Materials (as defined in Exhibit B) introduced to the Premises by Landlord during the Term or for which Tenant is not liable pursuant to the terms and conditions of second paragraph of Article 5 of this Lease, and casualty damage caused by Casualty and condemnation damage, as to which Sections 16 and 17 shall controlTaking excepted. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of within 2 days after termination of this Lease or Tenant’s right to possession of the Premisespossession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or and store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the PremisesProperty. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) 30 days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, and title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateLandlord.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Netsuite Inc)

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrepair, ordinary reasonable wear and tear tear, permitted Alterations, Casualty (subject to Master Lessor’s and damage which Landlord's rights with respect to any Landlord is obligated to repair hereunder Unreleased Casualty Claim) and condemnation excepted, and casualty and condemnation damage, as will surrender all keys to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to Property Manager or to 0000 Xxxx Xxxxxx 16 9/29/04 Office Lease Agreement Landlord at the required condition place then fixed for Tenant's payment of Basic Rent or as Landlord or Property Manager otherwise directs. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Project. Tenant will at such time remove all of its property from the Premises and, if Landlord so requests, all specified Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair any damage to the Premises caused by such removal. Tenant releases and will Indemnify Landlord from and against any Claim resulting from Tenant's failure or delay in surrendering the Premises in accordance with this Section, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the date of termination of this Lease or Term is deemed abandoned. Tenant appoints Landlord as Tenant’s right 's agent to possession of the Premises, Landlordremove, at Tenant’s 's sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping all of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property 's property from the Premises or storageupon termination of this Lease and to cause its transportation and storage for Tenant's benefit, within thirty (30) days after notice, Landlord may deem all or any part at the sole cost and risk of Tenant’s Property to , and Landlord will not be abandoned andliable for damage, at Landlord’s optiontheft, title to Tenant’s Property shall vest in Landlord misappropriation or Landlord may dispose of Tenant’s Property loss thereof or in any manner Landlord deems appropriatein respect thereto.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (ECC Capital CORP)

Surrender of Premises. At the Tenant shall, upon expiration or sooner termination of this Lease or Tenant’s right of possessionLease, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, Landlord broom clean, and in the same good order, condition and repair as receivedrepair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlordshall, at Tenant’s sole cost cost, remove upon termination of this Lease, any and expenseall of Tenant’s furniture, furnishings, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property (collectively, “Personalty”). Personalty not so removed shall be entitled (deemed abandoned by Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a bxxx of sale, but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord Tenant shall not be remain responsible for the valuecost of removal and disposal of such Personalty, preservation as well as any damage caused by such removal. At or safekeeping before the time of surrender, Tenant shall comply with the terms of Section 8 hereof with respect to Alterations to the Premises and all other matters addressed in such Section. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, the provisions of Section 20 hereof shall apply. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Tenant shall give written notice to Landlord at least 30 days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails failure to remove give such notice or participate in such joint inspection, Landlord’s inspection at or after Tenant’s Property from vacating the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part shall conclusively be deemed correct for purposes of determining Tenant’s Property to be abandoned and, at Landlord’s option, title to responsibility for repairs and restoration. Any delay caused by Tenant’s Property failure to carry out its obligations under this Section 31 beyond the term hereof, shall vest in Landlord or Landlord may dispose constitute unlawful and illegal possession of Tenant’s Property in any manner Landlord deems appropriatePremises under Section 20 hereof.

Appears in 2 contracts

Samples: Office Lease (Cepheid), Consent Agreement (NovaRay Medical, Inc.)

Surrender of Premises. At the termination No act by Landlord shall be deemed an acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to Landlord, broom clean, and Landlord the Premises with all improvements located therein as of the Commencement Date in the same orderrepair and condition existing as of the Commencement Date (and with all subsequent alterations and improvements made by or for Tenant in compliance with Laws and otherwise in good repair and condition), condition and repair as receivedfree of Hazardous Materials placed on the Premises by any Tenant Party during the Term, ordinary broom-clean, reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation damageand Casualty damage not caused by Tenant, as to which Sections 16 14 and 17 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. If Tenant fails may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant and the Existing FF&E (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, and notwithstanding the foregoing provisions of this Section 21 to the contrary, Tenant shall remove such alterations, additions and improvements installed by or on behalf of Tenant, and such trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment and the Existing FF&E), as Landlord may request; however, Tenant shall not be required to remove any of Tenant’s Property addition or Required Removablesimprovement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall 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 without notice to restore the Premises Tenant and without any obligation to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform account for such restoration of the Premises. Landlord items; any such disposition shall not be responsible for considered a strict foreclosure or other exercise of Landlord's rights in respect of the value, preservation or safekeeping security interest granted under Section 20. The provisions of Tenant’s Property. Tenant this Section 21 shall pay Landlord survive the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from end of the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateTerm.

Appears in 2 contracts

Samples: Iv Lease (Biomira CORP), Security Agreement (Biomira Inc)

Surrender of Premises. At No act by Landlord shall be deemed an acceptance of a surrender of the termination Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord, except upon expiration of this Lease or Tenant’s right earlier termination by Tenant pursuant to the provisions of possessionthis Lease. At the expiration or termination of this Lease, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender deliver to Landlord the Premises to Landlordwith all improvements located therein in good repair and condition, broom free of Hazardous Materials placed on the Premises during the Term, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation damageand Casualty damage not caused by Tenant, as to which Sections 16 14 and 17 15 shall control. If Tenant fails ) excepted, and shall deliver to remove any of Tenant’s Property or Required Removables, or to restore the Premises Landlord all keys to the required condition as Premises. Provided that Tenant has performed all of the date of termination of this Lease or Tenant’s right to possession its obligations hereunder, Tenant shall remove all trade fixtures which have not become part of the Premises, equipment, furniture, and personal property placed in the Premises by Tenant, and all such alterations, additions, improvements and wiring which, when approved by Landlord, were required to be removed from the Premises at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration earlier expiration or termination of the PremisesTerm of this Lease, and may remove all such fixtures, alterations, additions, improvements and wiring which, when approved by Landlord, were permitted to be removed by Tenant from the Premises at the earlier expiration or termination of the Term of this Lease. Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request; however, Tenant shall not be responsible for required to remove any addition or improvement to the value, preservation Premises if Landlord has specifically agreed in writing that the improvement or safekeeping of Tenant’s Propertyaddition in question need not be removed. Tenant shall pay Landlord the expenses and storage charges incurredrepair all damage caused by such removal. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned andAll items not so removed shall, at Landlord’s 's option, title be deemed to Tenant’s Property have been 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; any such disposition shall vest not be considered a strict foreclosure or other exercise of Landlord's rights in Landlord or Landlord may dispose respect of Tenant’s Property in any manner Landlord deems appropriatethe security interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.

Appears in 2 contracts

Samples: Lease Agreement (Art Technology Group Inc), Lease Agreement (Art Technology Group Inc)

Surrender of Premises. At Prior to the expiration of the Term or sooner termination of this Lease or Lease, Tenant shall, at Tenant’s right of possessionsole cost, Tenant shall remove Tenant’s Property (a) promptly and any and all Required Removables from the Premises, and quit and peaceably surrender the Premises to Landlord, Landlord “broom clean,” in good order and condition, subject to normal and reasonable wear and tear, (b) repair any damage to the Property caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant, (c) repair, patch and paint in a good and workmanlike manner all holes and other marks in the floors, walls and ceilings of the Premises to Landlord’s reasonable satisfaction, and (d) deliver all keys and access cards to the Premises to Landlord. Before surrendering the Premises, Tenant shall, at Tenant’s sole cost, remove Tenant’s movable personal property and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord in accordance with this Paragraph 17.1, remain in the same orderPremises as the property of Landlord without compensation; however, condition Tenant shall not remove any personal property or trade fixtures from the Premises (other than Tenant’s business records and repair as receivedfiles (including electronic files and data), ordinary wear prototypes, trade secrets, signage, trademarks, merchandise or inventory or the personal effects of Tenant’s employees) without Landlord’s prior written consent if such removal will impair the structure of the Building or Tenant is in default under this Lease beyond the expiration of any applicable notice and tear and damage which Landlord is obligated cure period given to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall controlTenant in this Lease. If Tenant fails is in default under this Lease beyond the expiration of any applicable notice and cure period given to Tenant in this Lease, the fair market value of such personal property and trade fixtures left in the Premises and actually used by Landlord shall be credited to the delinquent amounts due under this Lease after all other amounts have been paid by Tenant to Landlord. Landlord may require Tenant to remove any of personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant’s Property or Required Removables, or including, without limitation, any computer lines, wiring, cabling and facilities and other similar improvements, and to restore the Premises to the required their condition as of the date Commencement Date, subject to normal and reasonable wear and tear; provided, however, that notwithstanding the foregoing to the contrary, Tenant shall have no obligation to remove the improvements made by Landlord pursuant to the attached Exhibit C, and except as otherwise expressly required by this Lease, Tenant shall have no obligation to remove any other improvements made by Tenant with Landlord’s prior written consent unless Landlord’s consent to make such alterations was expressly conditioned on Tenant’s removing such alterations at the expiration of the Term or sooner termination of this Lease, except that, in all events, unless Landlord otherwise consents in writing, Tenant must remove all alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant that are located above the ceiling tile in the Premises, including, without limitation, any computer lines, wiring, cabling and facilities and other similar improvements, to the extent required by the National Electric Code, as amended. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or Tenant’s right otherwise disposed of by Landlord without notice to, and without any obligation to possession of the Premisesaccount to, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation Tenant or safekeeping of Tenant’s Propertyany other person. Tenant shall pay to Landlord all expenses incurred in connection with the expenses and storage charges incurreddisposition of such property in excess of any amount received by Landlord from such disposition. If No surrender of the Premises shall be effected by Landlord’s acceptance of the keys or of the rent or by any other means without Landlord’s written acknowledgement of such acceptance as a surrender. Tenant fails to remove shall not be released from Tenant’s Property from obligations under this Lease in connection with surrender of the Premises or storage, within thirty (30) days after notice, until Landlord may deem all or any part of Tenant’s Property has inspected the Premises and delivered to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateTenant a written release.

Appears in 2 contracts

Samples: Office Lease (Cricut, Inc.), Office Lease (Cricut, Inc.)

Surrender of Premises. At If Tenant delivers its Expansion Premises First Acceleration Notice in accordance with the termination terms and conditions of this Paragraph 10.C. and pays both installments of the Expansion Premises First Acceleration Fee (as herein after defined), then, subject to the terms and conditions of this Paragraph 10.C., effective as of the Expansion Premises First Accelerated Termination Date, the Term of the Lease or with respect to the floor designated in Tenant’s right of possessionExpansion Premises First Acceleration Notice only (either the Fourteenth Floor Expansion Premises or the Fifteenth Floor Expansion Premises, but not both) shall terminate, provided, however, Tenant shall remove be and remain liable for the payment to Landlord of all Rent and other sums due or accrued with regard to the portion of the Expansion Premises to which Tenant’s Property and any and all Required Removables from the PremisesFirst Acceleration Option for Expansion Premises applies, and quit for the performance and surrender keeping of all covenants, agreements and obligations under the Lease to be performed, paid and kept by Tenant with respect to such space prior to the Expansion Premises to Landlord, broom clean, and in First Accelerated Termination Date. In the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If event that Tenant fails to remove any completely vacate the portion of the Expansion Premises to which Tenant’s Property First Acceleration Option for Expansion Premises applies and surrender possession thereof to Landlord in accordance with the terms and conditions of the Lease on or Required Removables, or to restore the Premises prior to the required condition Expansion Premises First Accelerated Termination Date, such failure shall be treated as of the date of termination of this Lease or a holding over by Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, Landlord shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration all of its remedies therefore pursuant to Article 12 of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateOriginal Lease.

Appears in 2 contracts

Samples: Lease (Enova International, Inc.), Lease (Enova International, Inc.)

Surrender of Premises. At the termination No act by Landlord shall be deemed an acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good repair and condition, broom free of Hazardous Materials placed on the Premises during the Term, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation damageand Casualty damage not caused by Tenant, as to which Sections 16 14 and 17 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. If Provided that Tenant fails has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request; however, Tenant shall not be required to remove any of Tenant’s Property addition or Required Removablesimprovement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall 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 without notice to restore the Premises Tenant and without any obligation to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform account for such restoration of the Premises. Landlord items; any such disposition shall not be responsible for considered a strict foreclosure or other exercise of Landlord's rights in respect of the value, preservation or safekeeping security interest granted under Section 20. The provisions of Tenant’s Property. Tenant this Section 21 shall pay Landlord survive the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from end of the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateTerm.

Appears in 2 contracts

Samples: Lease Agreement (Brooks Automation Inc), Lease Agreement (Brooks Automation Inc)

Surrender of Premises. At Tenant agrees to surrender the Premises at the termination of this Lease or the tenancy herein created to Landlord including all of the Tenant’s right of possession, Tenant shall remove Tenant’s Property 's improvements and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and alterations in the same order, good condition and repair as received, (except for ordinary wear and tear occurring to the Premises and damage which Landlord except for alterations that Tenant has the right to remove or is obligated to repair hereunder exceptedremove under the provisions of this Lease). Tenant shall remove all its personal property prior to the date of termination of the tenancy and shall remove all other improvements and alterations to the Premises if Landlord directs Tenant to do so, at Tenant's sole cost and casualty expense. Tenant shall perform all restoration made necessary by the removal of any alterations or Tenant's personal property prior to termination of the tenancy. Landlord can elect to retain or dispose of in any manner any alterations or Tenant's personal property that Tenant does not remove from the Premises upon termination of the tenancy as allowed or required by this Lease by giving at least ten (10) days notice to Tenant. Title to any such alterations or Tenant's personal property that Landlord elects to retain or dispose of on expiration of the ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such alterations or Tenant's personal property. Tenant shall be liable to Landlord for Landlord's cost for storing, removing and condemnation damage, as to which Sections 16 and 17 shall controldisposing of any alterations of Tenant's personal property. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore surrender the Premises to Landlord on the required condition as termination of the date tenancy, Tenant shall indemnify, defend and hold Landlord harmless from any claims, damages, costs, expenses and attorney’s fees incurred by Landlord as a result of Tenant's failure to surrender the Premises. If Tenant shall fail to remove all of its effects from said Premises upon termination of this Lease or Tenant’s right to possession of the Premisesfor any cause whatsoever, LandlordLandlord may, at Tenant’s sole cost and expenseits option, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. same in any manner that Landlord shall not be responsible choose, and store said effects without liability to Tenant for the valueloss thereof, preservation or safekeeping of Tenant’s Property. and Tenant shall agrees to pay Landlord the upon demand any and all expenses incurred in such removal including court costs and attorney’s fees and storage charges incurred. If Tenant fails to remove Tenant’s Property from on such effects for any length of time that the Premises same shall be in Landlord's possession, or storageLandlord may, within thirty (30) days after at its option, without notice, sell said effects, or any of the same, at private sale and without legal process, for such price as Landlord may deem all or obtain and apply the proceeds of such sale upon any part amounts due under this Lease from Tenant to Landlord and upon the expense incident to the removal and sale of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriatesaid effects.

Appears in 2 contracts

Samples: Courthouse Square (Global Food Technologies, Inc.), Courthouse Square (Global Food Technologies, Inc.)

Surrender of Premises. At the termination No act or omission by Landlord shall be deemed an acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good repair and condition, broom free of Hazardous Substances placed on the Premises during the Term or during Tenant's occupancy of the Premises, if longer, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation damageand Casualty damage not caused by Tenant, as to which Sections 16 12 and 17 13 shall control) excepted, and shall deliver to Landlord all keys to the Premises. If Provided that Tenant fails has performed all of its obligations hereunder, Tenant may, prior to the end of the Term, remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord permits such removal). Additionally, at Landlord's option, Tenant shall, prior to the end of the Term, remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request; however, Tenant shall not be required to remove any of Tenant’s Property addition or Required Removables, or improvements to restore the Premises unless Landlord has notified Tenant of Landlord's request to remove same at the time Landlord approves the plans for addition or improvements. Tenant shall repair all damage caused by any removal prior to the required condition as of the date of expiration or sooner termination of this Lease or Tenant’s right to possession of the Premises, LandlordLease. All items not so removed shall, at Tenant’s sole cost Landlord's option, be deemed to have been abandoned by Tenant and expensemay be appropriated, shall be entitled (but not obligated) sold, stored, destroyed, or otherwise disposed of by Landlord without notice to remove and/or store Tenant’s Property Tenant and Required Removables, as the case may be, and/or perform without any obligation to account for such restoration of the Premises. Landlord items; any such disposition shall not be responsible for considered a strict foreclosure. The provisions of this Section 18 shall survive the value, preservation or safekeeping end of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateTerm.

Appears in 2 contracts

Samples: Lease Agreement (Eresearchtechnology Inc), Lease Agreement (Premier Research Worldwide LTD)

Surrender of Premises. At On the Sublease Expiration Date, whether the Sublease Expiration Date occurs by expiration, lapse of time or otherwise, or the sooner termination of this Lease or Tenant’s right of possessionSublease, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, LandlordSublessee, at TenantSublessee’s sole cost and expense, shall be entitled quit and surrender the Sublet Space to Sublessor in the same condition (but not obligatedreasonable wear and tear excepted) in which Sublessor has delivered the Sublet Space to remove and/or store TenantSublessee, including, without limitation, the removal of all of Sublessee’s Property Changes and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for Sublet Space to its existing condition and finishes on the valueSublease Commencement Date, preservation provided that Sublessor may request Sublessee to surrender the Sublet Space in its then existing condition Sublessee hereby consents and agrees that if Sublessee should “hold over” after the termination or safekeeping expiration of Tenant’s Property. Tenant this Sublease, Sublessee shall pay Landlord to Sublessor for use and occupancy of the Sublet Space for each month or part thereof during which Sublessee shall hold over, a sum equal to two (2) times the Basic Rent and any additional rent payable hereunder during the last full month of the Term. Sublessee hereby indemnifies and holds Sublessor harmless from and against any costs, expenses and storage charges incurred. If Tenant fails (including, without limitation, attorneys’ fees), damages or liabilities (including, without limitation, any liability of Sublessor to remove Tenant’s Property Landlord) arising from the Premises failure of Sublessee to surrender the Sublet Space in accordance with the terms of this Sublease upon the termination or storage, within thirty (30) days after notice, Landlord may deem all or any part expiration of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriatethis Sublease.

Appears in 2 contracts

Samples: Sublease Agreement (Drone USA Inc.), Sublease Agreement (Drone USA Inc.)

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or in broom clean condition and repair, consistent with Tenant’s right maintenance obligations under this Lease, reasonable wear and tear, acts of possessionLandlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant shall will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s Property personal property and any and all Required Removables trade fixtures from the Premises, and quit and surrender (b) all cabling which was placed in the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or Required Removables, or to restore leave at the Premises to the required condition as of the date of termination of this Lease or Property, any Tenant’s right to possession Improvements and Alterations installed by or on behalf of Tenant at the Premises, LandlordProperty, at Tenant’s sole cost and expenseelection, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, so long as the case may befloor, and/or perform such restoration wall and ceiling surfaces of the PremisesPremises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to may remove Tenant’s Property any such abandoned property from the Premises or storageupon termination of this Lease, within thirty (30) days after noticeand to cause its transportation and storage for Tenant’s benefit, Landlord may deem all or any part at the sole cost and risk of Tenant’s Property to . Landlord will not be abandoned andliable for damage, at Landlord’s optiontheft, title to Tenant’s Property shall vest in Landlord misappropriation or Landlord may dispose of Tenant’s Property loss thereof or in any manner Landlord deems appropriatein respect thereto.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Horizon Pharma PLC)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property and any and all Required Removables (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrepair, ordinary wear and tear tear, casualties and damage which repairs that are not Tenant’s responsibility hereunder, excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by Tenant and located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by Tenant and, 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 (“Special Installations”); and (C) Tenant’s personal property. Notwithstanding any provisions contained in this Lease to the contrary, Landlord is obligated shall have the right to repair hereunder exceptedrequire Tenant to remove, at Tenant’s expense, upon the expiration or earlier termination of the Term, any Special Installations made or installed by Tenant or at Tenant’s expense in the Premises if, and casualty only if, Landlord notifies Tenant to such effect in writing at the time of Landlord’s approval of the installation of such Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and condemnation damageat no cost to Landlord, as require Tenant to which Sections 16 and 17 shall controlleave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property or Required Removables, or (other than Special Installations which Landlord has designated to restore remain in the Premises to Premises) within 2 days after the required condition as of the date of termination of this Lease or of Tenant’s right to possession of the Premisespossession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or and store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the PremisesRemovable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned andabandoned, at Landlord’s option, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or Landlord may dispose before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Property in any manner Landlord deems appropriateRemovable Property.

Appears in 2 contracts

Samples: Office Lease (GP Investments Acquisition Corp.), Office Lease (Rimini Street, Inc.)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant’s right , at the time of possessionconsent, that removal would be required; and Tenant shall remove Tenant’s Property and any and all Required Removables such requested Alterations from the Premises, and quit (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and surrender installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, broom cleanhowever, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination provisions of this Lease or Tenant’s right Section 10 and Section 27 below, Tenant shall continue to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping payment of Tenant’s PropertyRent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall pay Landlord indemnify, defend and hold the expenses Indemnitees (hereafter defined) harmless from and storage charges incurred. If against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant fails to remove Tenant’s Property from in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or storageliabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, within thirty (30) days after noticetogether with, Landlord may deem all or any part of Tenant’s Property to be abandoned andin each case, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateactual attorneys' fees and costs.

Appears in 2 contracts

Samples: Lease Agreement (Abaxis Inc), Lease Agreement (Abaxis Inc)

Surrender of Premises. At the termination expiration of the Term of this Lease or Tenant’s right earlier termination of possessionthis Lease, Tenant shall surrender the Premises together with all alterations placed thereon by Tenant (except Alterations Tenant elects to remove or Alterations Landlord, in the exercise of reasonable discretion, informed Tenant’s Property , in connection with Landlord=s approval of the installation thereof, that Landlord would require Tenant to remove upon the expiration of the Lease) in the same condition as the same were in upon delivery of possession thereto at the Commencement Date of the term of this Lease, reasonable wear and tear excepted, and shall surrender all keys to the Premises to Landlord at the place then fixed for the payment of Basic Rent and shall inform Landlord of all combinations on locks, safes and vaults, if any. Tenant shall at such time remove all of its property therefrom and all alterations and improvements placed thereon by Tenant unless Landlord requires Tenant to leave the same. Tenant shall repair any damage to the Premises caused by such removal, and any and all Required Removables from such property not so removed shall, at Landlord's option, after five (5) business days notice to Tenant, become the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which exclusive property of Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any or be disposed of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, by Landlord, at Tenant’s sole 's cost and expense, without further notice to or demand upon Tenant. If the Premises be not surrendered as above set forth, Tenant shall be entitled (but not obligated) to remove and/or store Tenant’s Property indemnify, protect, defend and Required Removables, as hold Landlord harmless against loss or liability resulting from the case may be, and/or perform such restoration of delay by Tenant in so surrendering the Premises, including, without limitation, any claim made by any succeeding occupant founded on such delay. Landlord shall All property of Tenant not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, removed within thirty (30) days after notice, the last day of the Term of this Lease shall be deemed abandoned. Tenant hereby appoints Landlord may deem all or any part of Tenant’s Property its agent to be abandoned andremove, at Landlord’s optionTenant's cost, title all property of Tenant from the Premises left thirty (30) days or longer after termination of this Lease and to cause its transportation and storage for Tenant’s Property 's benefit, all at the sole cost and risk of Tenant and Landlord shall vest in not be liable for damage, theft, misappropriation or loss thereof and Landlord or Landlord may dispose of Tenant’s Property shall not be liable in any manner Landlord deems appropriatein respect thereto.

Appears in 2 contracts

Samples: Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc)

Surrender of Premises. At Except in the case of condemnation described in subsection 12(a), at the expiration or sooner termination of the term of this Lease, Tenant shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear excepted, and shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Leased Premises. Tenant shall at such time remove all Tenant's Property, as well as any alterations or improvements, if requested to do so by Landlord and shall repair any damage to the Leased Premises caused thereby, and any or all of such properly not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. Tenant agrees that if Tenant does not surrender the Lease Premises to Landlord at the end term of this Lease, then Tenant will pay to Landlord, to the extent permitted by law, one hundred fifty percent (150%) of the amount of the rent paid by Tenant for the last full month of the term for each month or portion thereof that Tenant holds over, unless such holdover is expressly permitted in advance by Landlord in writing. Furthermore, at all times, Tenant shall indemnify Landlord, Mortgagee and Superior Lessor against loss or liability resulting from the delay by Tenant in so surrendering the Leased Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. No receipt of money by Landlord from Tenant after termination of this Lease or Tenant’s right the service of possessionany notice of commencement of any suit or final judgment for possession shall reinstate, Tenant shall remove Tenant’s Property and any and all Required Removables from continue or extend the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination term of this Lease or Tenant’s right to possession of the Premisesaffect any such Notice, Landlorddemand, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation suit or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriatejudgment.

Appears in 2 contracts

Samples: Kellstrom Industries Inc, Aviation Sales Co

Surrender of Premises. At If Tenant delivers its Expansion Premises Second Acceleration Notice in accordance with the termination terms and conditions of this Paragraph 10.D. and pays both installments of the Expansion Premises Second Acceleration Fee (as hereinafter defined), then, subject to the terms and conditions of this Paragraph 10.D., effective as of the Expansion Premises Second Accelerated Termination Date, the Term of the Lease with respect to the floor or floors designated in Tenant’s right of possessionExpansion Premises Second Acceleration Notice shall terminate, provided, however, Tenant shall remove be and remain liable for the payment to Landlord of all Rent and other sums due or accrued with regard to the portion of the Expansion Premises to which Tenant’s Property and any and all Required Removables from the PremisesSecond Acceleration Option for Expansion Premises applies, and quit for the performance and surrender keeping of all covenants, agreements and obligations under the Lease to be performed, paid and kept by Tenant with respect to such space prior to the Expansion Premises to Landlord, broom clean, and in Second Accelerated Termination Date. In the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If event that Tenant fails to remove any completely vacate the portion of the Expansion Premises to which Tenant’s Property Second Acceleration Option for Expansion Premises applies and surrender possession thereof to Landlord in accordance with the terms and conditions of the Lease on or Required Removables, or to restore the Premises prior to the required condition Expansion Premises Second Accelerated Termination Date, such failure shall be treated as of the date of termination of this Lease or a holding over by Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, Landlord shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration all of its remedies therefore pursuant to Article 12 of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateOriginal Lease.

Appears in 2 contracts

Samples: Lease (Enova International, Inc.), Lease (Enova International, Inc.)

Surrender of Premises. Not less than thirty (30) days prior to the Expiration Date, as the same may be extended and subject to Landlord’s compliance with the Access Requirements set forth in Section 28.8, Landlord’s representative and Tenant’s representative shall conduct a walk-through of the Premises (the “Walk-Through”) and shall identify the property to be removed by Tenant upon surrender, including, but not limited to, Xxxxxx’s personal property, trade fixtures, Tenant Improvements (as that term is defined in Exhibit G) but only to the extent Landlord identified such Tenant Improvements as requiring removal when it provided its consent, and any Alterations, but only to the extent Landlord identified such Alterations as requiring removal when it provided its consent (collectively, the “Tenant Property”), as well as Tenant’s repair and/or restoration obligations caused by the removal of such items and any touch-up work and repairs to be performed by Tenant prior to Tenant’s surrender of the Premises (the “Tenant Repairs”). Notwithstanding the immediately preceding sentence, in the event of a termination of this Lease 60447235.v9 prior to the scheduled Expiration Date, the date of the Walk-Through shall be as determined by the parties. Within five (5) Business Days after the date of the Walk-Through, the parties shall agree in writing as to the specific items identified as Tenant Property and Tenant Repairs during the Walk-Through. At the termination of this Lease or TenantXxxxxx’s right of possession, Tenant shall remove Tenant’s the Tenant Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrepair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removablesthe Tenant Property, or to restore the Premises to the required surrender condition as of upon the date of termination of this Lease or Tenant’s right to possession of the Premises, Expiration Date then Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s and dispose of the Tenant Property and Required Removables, as the case may be, in any manner Landlord deems appropriate and/or perform such restoration of the PremisesPremises to the surrender condition required by this Lease, in which case Tenant shall reimburse Landlord for the actual documented expenses of Landlord incurred in removal of Tenant’s Property and restoration of the Premises to good working surrender condition required by the term of this Lease. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertythe Tenant Property following the expiration or termination of this Lease. Tenant shall pay expressly waives any right to require or expect Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or of any part of Tenant’s Property at Tenant’s cost and expense following the Expiration Date, and any right to be abandoned and, at seek damages from Landlord due to Landlord’s option, title to disposal of the abandoned Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateProperty.

Appears in 2 contracts

Samples: Lease Agreement (Astra Space, Inc.), Lease Agreement (Astra Space, Inc.)

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, 84. The Tenant shall remove Tenant’s Property and any and all Required Removables from covenants to surrender the Premises, and quit and surrender at the Premises to Landlordexpiration of the tenancy created in this Lease, broom clean, and in the same ordercondition as the Premises were in upon delivery of possession under this Lease, condition and repair as received, ordinary reasonable wear and tear tear, damage by fire or the elements, and damage which Landlord is obligated to repair hereunder unavoidable casualty excepted, and casualty and condemnation damage, as agrees to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore surrender all keys for the Premises to the required condition Landlord at the place then fixed for payment of rent and will inform the Landlord of all combinations to locks, safes and vaults, if any. All alterations, additions and improvements constructed or installed in the Premises and attached in any manner to the floor, walls or ceiling, including any leasehold improvements, floor covering or fixtures (excluding trade fixtures), will remain upon and be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the part of the Tenant then, in such event, as of the date moment of termination of this Lease or Tenant’s right to possession default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) will, except to the extent the Landlord requires the removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other rxxxxxx remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of the same and will make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at the Tenant’s sole cost and 's expense, shall be entitled (but not obligated) should the Landlord so require by notice to remove and/or store the Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant the Tenant, after receipt of such notice from the Landlord, fails to promptly remove Tenant’s Property any trade fixtures, furnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises and remove from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant’s Property , which expense will immediately be paid by the Tenant to be abandoned and, at the Landlord’s option, title . The Tenant's obligation to Tenant’s Property shall vest observe or perform the covenants contained in Landlord this Lease will survive the expiration or Landlord may dispose other termination of Tenant’s Property in any manner Landlord deems appropriatethe term of this Lease.

Appears in 1 contract

Samples: Facility Lease Agreement (Vitacost.com, Inc.)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property and any and all Required Removables (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrepair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and damage which repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (B) Tenant’s personal property. Tenant shall not be required to remove any Cable installed by or for the benefit of Tenant and located in the Premises or other portions of the Building so long as Tenant’s Cable is properly labeled or tagged in accordance with applicable ordinances. Landlord is obligated shall, within 10 Business Days after its receipt of a written request therefor from Tenant, notify Tenant in writing whether any Leasehold Improvements to repair hereunder exceptedbe constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and casualty and condemnation damageat no cost to Landlord, as require Tenant to which Sections 16 and 17 shall controlleave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property or Required Removables, or (other than Special Installations which Landlord has designated to restore remain in the Premises to Premises) within 2 days after the required condition as of the date of termination of this Lease or of Tenant’s right to possession of the Premisespossession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or and store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the PremisesRemovable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned andabandoned, at Landlord’s option, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and the OE Payment on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or Landlord may dispose before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Property in any manner Landlord deems appropriateRemovable Property.

Appears in 1 contract

Samples: Office Lease (Wells Mid-Horizon Value-Added Fund I LLC)

Surrender of Premises. At the termination No act by Landlord shall be deemed an acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good repair and condition, broom free of Hazardous Materials placed on the Premises during the Term, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation damageand Casualty damage not caused by Tenant, as to which Sections 16 14 and 17 15 shall control. If Tenant fails ) excepted, and shall deliver to remove any of Tenant’s Property or Required Removables, or Landlord all keys to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the valueProvided that Tenant has performed all of its obligations hereunder, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses may remove all unattached trade fixtures, furniture, and storage charges incurred. If Tenant fails to remove Tenant’s Property from personal property placed in the Premises or storageelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, within thirty (30) days after noticein whole or in part, by Landlord may deem all or any part of Tenant’s Property to be abandoned andwiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, title to Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Property shall vest in Landlord or Off-Premises Equipment) as Landlord may dispose request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. With respect to alterations or improvements to the Premises made by Tenant pursuant to Section 8, at Tenant’s request, Landlord shall specify, at the time it consents to such alteration or improvement, whether Tenant will be required to remove such alteration or improvement at the expiration of the Term. Tenant hereby agrees that if instructed by Landlord in writing prior to the end of the Term, Tenant shall remove, at its sole cost and expense, all cabling installed in the Premises or Building by or on behalf of Tenant. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s Property option, be deemed to have been 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; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in any manner Landlord deems appropriaterespect of the security interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Omtool LTD)

Surrender of Premises. At the termination expiration of this Lease or Tenant’s right of possessionthe tenancy hereby created, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Leased Premises to Landlord, broom clean, and in the same ordercondition as the Leased Premises were in upon delivery of possession thereto under this lease, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore surrender all keys for the Leased Premises to Landlord at the required condition place then fixed for the payment of rent, and shall inform Landlord of all combinations on locks, safes, and vaults, if any, in the Leased Premises. Tenant shall remove all its trade fixtures, equipment, furniture and inventory before surrendering the premises as aforesaid, and shall repair any damage to the Leased Premises caused thereby. As soon as is reasonably practical after the receipt of notice by Tenant that the date of termination of this Lease or Tenant’s right to possession of obligations set forth herein have been completed, Landlord shall examine the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premisespremises for compliance. Landlord shall provide prior notice to Tenant of its intention to inspect the premises and shall reasonably cooperate with Tenant to allow Tenant or Tenant's representative to be present during any such inspection. In the event the Tenant has not satisfactorily complied with its obligation in the opinion of Landlord, Landlord may, at its election, perform the obligations set forth herein and deduct One Hundred Twenty (120%) percent of the costs thereof from any security deposit held by Landlord. After Tenant's vacation and proper compliance with Tenant's obligations set forth herein to the Landlord's satisfaction, Landlord shall return to Tenant the amount of the security deposit still outstanding less any amounts withdrawn by Landlord in accordance with the other terms of this lease. In the event that said security deposit shall prove to be responsible for insufficient to satisfy the valuewithdrawals from said security deposit as herein provided, preservation or safekeeping of Tenant’s Property. the Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storageshall, within thirty (30) days after noticeof written demand therefore by Landlord, reimburse to Landlord may deem all the amount necessary to reimburse such deficiency. Tenant's obligation to observe or any part perform this covenant shall survive the expiration or other termination of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose the term of Tenant’s Property in any manner Landlord deems appropriatethis lease.

Appears in 1 contract

Samples: Lease (Americasbank Corp)

Surrender of Premises. At the On expiration or sooner termination of this Lease or Tenant’s right of possessionthe --------------------- Term, Tenant shall remove Tenant’s Property and any surrender to Landlord the Leased Premises and all Required Removables from the Premises, Tenant's improvements and quit and surrender the Premises to Landlordalterations, broom clean, and in the same good order, condition condition, and repair as receivedrepair, except for ordinary wear and tear or condemnation or destruction of the Leased Premises, and except for trade fixtures that Tenant has removed. Tenant shall also deliver to Landlord all keys to the Leased Premises and the combination to any safe, remove all its personal property, and make all repairs and reimbursements required pursuant to this Lease; provided, however, Tenant may not remove its personal property from the Leased Premises without Landlord's prior written consent, if Tenant is in breach or default hereunder, but upon direction of Landlord, Tenant shall immediately remove such property in accordance with the terms hereof. Landlord may elect to retain or dispose of in any manner any alterations or Tenant's personal property that Tenant does not remove from the premises on expiration or termination of the Term. Title to any such alterations or Tenant's personal property that Landlord elects to retain or dispose of after expiration of the Term shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations or personal property. Tenant shall be liable to Landlord for Landlord's costs of storing, removing, and disposing of any alterations or Tenant's personal property which Landlord is obligated does not elect to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 acquire. Tenant shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping cost of repairing any damage to the Premises in consequence of the removal of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate's trade fixtures.

Appears in 1 contract

Samples: Deed of Lease (Comdial Corp)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or Tenant’s right of possessionall Alterations (other than the Tenant Improvements and provided that Tenant will not be required to remove any Alterations as to which, at the time that Tenant requested permission or approval for making such Alterations, Tenant requested that Landlord indicate whether or not such Alterations would be required to be removed and Landlord indicated that such Alterations would not be required to be removed) and Tenant shall remove Tenant’s Property and any and all Required Removables such requested Alterations from the Premises, and quit (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and surrender installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable Tls"), Tenant shall remove the Removable Tls. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable Tls. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, broom cleanhowever, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those Alterations which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination provisions of this Lease or Tenant’s right Section 10 and Section 27 below, Tenant shall continue to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping payment of Tenant’s PropertyRent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall pay indemnify, defend and hold Landlord the expenses and storage charges incurred. If Landlord's Indemnitees (defined below) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant fails to remove Tenant’s Property from in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or storageliabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, within thirty (30) days after noticetogether with, Landlord may deem all or any part of Tenant’s Property to be abandoned andin each case, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateactual attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Loudcloud Inc)

Surrender of Premises. At the termination No act by Landlord shall be deemed an --------------------- acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good repair and condition, broom free of Hazardous Materials placed on the Premises during the Term, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation damageand Casualty damage not caused by Tenant, as to which Sections 16 14 and 17 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. If Provided that Tenant fails has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request; however, Tenant shall not be required to remove any of Tenant’s Property addition or Required Removablesimprovement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall 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 without notice to restore the Premises Tenant and without any obligation to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform account for such restoration of the Premises. Landlord items; any such disposition shall not be responsible for considered a strict foreclosure or other exercise of Landlord's rights in respect of the value, preservation or safekeeping security interest granted under Section 20. The provisions of Tenant’s Property. Tenant this Section 21 shall pay Landlord survive the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from end of the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateTerm.

Appears in 1 contract

Samples: Lease Agreement (Tenfold Corp /Ut)

Surrender of Premises. At On expiration of the Term or the earlier termination of this Lease or Tenant’s right of possessionin accordance with its terms, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrequired by Section 10(d), ordinary with all of Tenant’s movable equipment, telecommunications and data equipment and wiring, furniture, trade fixtures and other personal property removed therefrom. Tenant shall reimburse Landlord upon the expiration or earlier termination of the Term of this Lease for the reasonable cost of removing all telecommunications and data cabling installed in the Premises by, or for the use of, Tenant. Unless Tenant has obtained Landlord’s agreement in writing that it can remove an Alteration or item of Tenant Improvements, or unless Landlord has elected to require pursuant to the provisions hereof that all or certain non-permanent Alterations be removed by Tenant, all Alterations and Tenant Improvements shall be surrendered with the Premises in good condition and repair, subject to reasonable wear and tear (but only to an extent consistent with the Premises remaining in good condition and damage which Landlord is obligated to repair hereunder excepted, repair) and casualty damage that is not required to be repaired by Tenant hereunder. Any property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and condemnation damageLandlord may store such property in Tenant’s name at Tenant’s expense, as to which Sections 16 and 17 shall controland/or dispose of the same in any manner permitted by law. If Tenant fails Landlord desires to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of have the Premises, Landlordor any part or parts thereof, restored to a condition that existed prior to installation of any non-permanent Alteration thereto, Landlord shall, subject to the provisions of Section 10(c), so notify Tenant in writing not later than sixty (60) days prior to the expiration of the Term; and upon receipt of such notice, Tenant shall, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removablesso restore the Premises, as or such part or parts thereof, before the case may be, and/or perform such restoration end of the PremisesTerm. Landlord Tenant shall not be responsible for repair at its sole cost and expense, all damage caused to the value, preservation Premises or safekeeping the Project by removal of Tenant’s Property. movable equipment or furniture and such Tenant Improvements and Alterations as Tenant shall pay Landlord be allowed or required pursuant to the expenses and storage charges incurred. If Tenant fails provisions hereof to remove Tenant’s Property from the Premises by Landlord. If, following the expiration or storageearlier termination of this Lease, within thirty the Premises is not surrendered in the manner and condition herein specified, then: (30i) Landlord may, after ten (10) days after noticewritten notice to Tenant, perform the obligations which Tenant failed to perform, and Tenant shall reimburse Landlord may deem for all expenses incurred by Landlord in performing such obligations, including an administration fee equal to ten percent (10%) of the aggregate of such expenses, such reimbursement to be made within ten (10) days of the receipt by Tenant of a written request from Landlord for such reimbursement, accompanied by reasonable evidence of the expenses incurred by Landlord; and (ii) Tenant shall indemnify, defend, protect and hold Landlord harmless against all loss, liability, claim, cost or any part of expense (including attorneys’ fees) resulting from or caused by Tenant’s Property failure in so surrendering the Premises in such manner or condition, including, without limitation, any claims made by any succeeding tenant due to such failure, provided that such indemnity shall be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord effective only if such failure continues for a period of greater than ninety (90) days following the expiration or Landlord may dispose earlier termination of Tenant’s Property in any manner Landlord deems appropriatethis Lease.

Appears in 1 contract

Samples: Lease (Health Net Inc)

Surrender of Premises. At Upon the expiration or earlier termination of the Term of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises in neat and clean condition and in good order, condition and repair, together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease (except as hereinafter provided), excepting only ordinary wear and use and damage by fire or other casualty for which, under other provisions of this Lease, Tenant has no responsibility to repair or restore. Upon such expiration or earlier termination of the Term, Tenant shall remove from the Premises all of Tenant's Removable Property and, to the extent specified by Landlord, all Alterations made by Tenant and all partitions wholly within the Premises unless installed initially by Landlord in preparing the Premises for Tenant's occupancy; and shall repair any damages to the Premises or the Building caused by such removal. Any Tenant's Removable Property which shall remain in the Building or on the Premises after the expiration or earlier termination of the Term of this Lease shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit, at Tenant's sole cost and expense. Notwithstanding any provision herein to the contrary, upon the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from with respect to the Premises, and quit and surrender or any portion thereof which includes the Premises to LandlordTest Pits, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlordshall, at Tenant’s its sole cost and expense, promptly remove such Test Pits and restore such area to its condition on the date hereof, and Tenant's failure to do so shall be entitled (but not obligated) a Default hereunder and in such event Landlord, in addition to remove and/or store Tenant’s Property and Required Removablesits other remedies hereunder, at law or in equity may apply as the case may be, and/or perform such restoration much of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails Security Deposit as is required to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateeffect such restoration.

Appears in 1 contract

Samples: Lease (Beacon Power Corp)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease or Tenant’s right of possessionLease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given at or about the time Tenant requests Landlord’s consent to an Alteration, require Tenant, at Tenant’s expense, to remove any or all such requested Alterations and all Required Removables Tenant shall remove such requested Alterations from the Premises, and quit (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and surrender installed in the Premises that Tenant is to Landlordremove all or portions of the items comprising the Tenant Improvements (the “Removable Tls”), broom cleanTenant shall remove the Removable Tls. Notwithstanding the foregoing, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is Tenant shall not be obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any Alterations made to the Premises during its previous occupancy thereof prior to the Commencement Date of this Lease or any tenant improvements made by Landlord. Tenant shall repair any damage caused by such removal of the Tenant’s Property, the requested Alterations and the Removable TIs. For purposes hereof, the term “Tenant’s Property” shall mean and refer to all equipment, trade fixtures, furnishings, inventories, goods and personal property of Tenant. Any of Tenant’s Property or Required Removablesnot so removed by Tenant as required herein shall be deemed abandoned and may be stored, or removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to restore Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises to as the required condition as property of Landlord. If the Premises are not surrendered at the expiration of the date of Term or earlier termination of this Lease or Tenant’s right Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping payment of Tenant’s PropertyRent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall pay Landlord indemnify, defend and hold the expenses Indemnitees (hereafter defined) harmless from and storage charges incurred. If against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant fails to remove Tenant’s Property from in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or storageliabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, within thirty (30) days after noticetogether with, Landlord may deem all or any part of Tenant’s Property to be abandoned andin each case, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateactual attorneys’ fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Surrender of Premises. At Subject to Section 9.4, Tenant shall, upon the Expiration Date or sooner termination of this Lease or Tenant’s right of possessionhereof, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to LandlordLandlord free of all tenancies, occupancies, liens, encumbrances and Tenant’s trade fixtures or personal property and in a good, broom clean, and in the same order, condition and repair as receivedclean condition, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, but in all circumstances, Tenant shall be required to surrender the Premises to Landlord in a condition equal to or better than the condition the Premises was required to be maintained by Tenant pursuant to Section 8.2. Tenant shall notify Landlord in writing (“Xxxxxx’s Inspection Notice”) at least one hundred twenty (120) days prior to vacating the Premises and casualty shall within thirty (30) days prior to vacating arrange to meet with Landlord for a joint inspection of the Premises prior to vacating. If Tenant timely delivers Tenant’s Inspection Notice and condemnation damagethe parties meet for a joint inspection of the Premises prior to Tenant’s vacation of the Premises, then Landlord shall have the right, as it deems necessary or desired, to which Sections 16 and 17 provide Tenant with a list of items (“Landlord’s Inspection List”) that Landlord shall controlrequire Tenant, at Tenant’s sole cost, to remove, repair, replace and/or restore prior to the Expiration Date or any earlier termination date. If Tenant fails to remove any timely give such Xxxxxx’s Inspection Notice or to timely arrange for such inspection, then Landlord’s inspection of the Premises shall be deemed conclusive for the purpose of determining Tenant’s Property responsibility for removal, repairs, replacement and/or restoration of the Premises. Landlord shall have the right (whether or Required Removables, or not Landlord has inspected the Premises prior to restore Xxxxxx’s vacation thereof) to inspect the Premises after Tenant vacates and surrenders possession of the Premises to Landlord to determine whether or not additional removal, repairs, replacement and/or restoration work is required by Tenant hereunder, in which case, Tenant shall continue to be responsible for any such additional items of removal, repair, replacement and/or restoration work identified by Landlord. In addition, at least fourteen (14) days but no more than thirty (30) days prior to the required condition as Expiration Date or any earlier termination date, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the HVAC and other air-handling systems are then in a state of good repair and working order. No act or conduct of Landlord, except a written acknowledgment of acceptance of surrender signed by Xxxxxxxx, shall be deemed to be or constitute an acceptance of the date surrender of the Premises by Tenant prior to the Expiration Date. If any evidence of this Lease was recorded, then Tenant, upon surrender, shall execute, acknowledge and deliver a memorandum of termination of this Lease Lease, and, if Tenant shall fail or Tenant’s refuse to do so, Landlord shall, as Xxxxxx's attorney-in-fact, have the right to possession execute, acknowledge and deliver such memorandum of termination. On or before the PremisesExpiration Date or earlier termination of this Lease, LandlordTenant, at Tenant’s its sole cost and expense, shall be entitled remove any signage Tenant installed on the exterior of the Premises and shall repair any damage to the exterior of the Premises or the Common Areas caused by such removal. In addition, Tenant, at its sole cost and expense, shall: (but not obligatedx) remove any pylon, monument or roof sign panels previously installed; (y) replace such sign panels with blank panels of a background color as set forth in Landlord’s current sign criteria; and (z) repair, to remove and/or store Tenant’s Property and Required RemovablesLandlord's satisfaction, any damage to the Common Areas, the exterior of the Premises, or roof, as the case may be, and/or perform caused by such restoration of removal. In the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If event Tenant fails to remove perform any such removals and repairs, Landlord may, at its option (without obligation), perform same at Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateexpense.

Appears in 1 contract

Samples: legistarweb-production.s3.amazonaws.com

Surrender of Premises. At Except for the return of the Security Deposit by Landlord following the expiration or earlier termination of this Lease or Tenant’s right Lease, no act by Landlord shall be deemed an acceptance of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from a surrender of the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good repair and condition, broom free of Hazardous Materials (as defined in Section 25(i) below) placed on the Premises during the Term, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation and Casualty damage, as to which Sections 16 Section 14 and 17 Section 15 shall control. If Tenant fails ) excepted, and shall deliver to remove any of Tenant’s Property or Required Removables, or Landlord all keys to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the valueProvided that Tenant has performed all of its obligations hereunder, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses may remove all unattached trade fixtures, furniture, and storage charges incurred. If Tenant fails to remove Tenant’s Property from personal property placed in the Premises or storageelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, within thirty (30) days after noticein whole or in part, by Landlord may deem all or any part of Tenant’s Property to be abandoned andwiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, title to Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Property shall vest in Landlord or Off-Premises Equipment) as Landlord may dispose request. Tenant shall 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 Property cost without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in any manner Landlord deems appropriaterespect of the security interest granted under Section 20. The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Diversa Corp)

Surrender of Premises. At Upon the expiration or termination of this Lease or Tenant’s right of possessionLease, Tenant shall remove Tenant’s Property and any and all Required Removables from surrender to Landlord the Premises, including all Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 15 below, with all fixtures appurtenant thereto, (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and quit and surrender other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”) free and clear of any occupants or tenancies (including subtenancies) and, subject to LandlordSection 13, broom cleanin compliance with Laws (including, without limitation, Environmental Laws) and all Encumbrances and in the same order, as good condition and repair as receivedexisted as of the Commencement Date, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty any new buildings, alterations, improvements, replacements or additions constructed by Tenant and condemnation damageremaining at the Premises, in the same or better condition as when completed, reasonable wear and tear excepted. For the avoidance of doubt, to which Sections 16 and 17 the extent there is a bank vault in the Premises, Tenant shall control. If Tenant fails have no obligation to remove any such vault on surrendering the Premises. At the end of the Term, all Alterations will belong to Landlord, unless they are Tenant’s Personal Property. Any of Tenant’s Personal Property installed or Required Removables, or to restore placed on the Premises to the required condition as of the date of termination of this Lease by Tenant or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation any subtenant or safekeeping assignee of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, if not removed within thirty (30) days after noticetermination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects, after five (5) business days prior written notice to Tenant. If Landlord shall not so elect, Landlord, after five (5) business days prior written notice to Tenant, may deem all or any part of remove such property from the Premises and have it stored at Tenant’s Property risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to be abandoned and, at the Premises caused by such removal by Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Absolute Lease Agreement (First Midwest Bancorp Inc)

Surrender of Premises. At Upon termination or earlier expiration of this Lease, or upon the exercise by Landlord of Landlord's right to re-enter the Premises without terminating this Lease, Tenant will deliver the Premises to Landlord in a condition comparable to the condition existing on the Commencement Date, ordinary wear, tear and obsolescence only excepted. Tenant will deliver to Landlord all keys for the Premises and combinations to safes located in the Premises. Tenant will, at Landlord's option, remove, or cause to be removed, from the Premises or the Building, at Tenant's expense and as of Expiration Date or earlier termination of this Lease Lease, all of Tenant's signs, notices, displays, millwork, movable trade or business fixtures, or, subject to Subsection 8.3 of this Lease, any non-Building standard tenant improvements placed in the Premises or the Building. Tenant agrees to repair, at Tenant’s right of possession's expense, Tenant shall remove Tenant’s Property and any and all Required Removables damage to the Premises or the Building resulting from the Premisesremoval of any articles of personal property, movable business or trade fixtures, machinery, equipment, furniture, movable partitions or non-Building standard tenant improvements, including without limitation, repairing the floor and quit patching and surrender painting the Premises to walls where reasonably required by Landlord, broom clean, and in . Tenant's obligations under this Section 8.2 will survive the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall controlexpiration or earlier termination of this Lease. If Tenant fails to remove any item of property permitted or required to be removed at the expiration or earlier termination of the Term, Landlord, may, at Landlord's option, (a) remove such property from the Premises at the expense of Tenant and sell or dispose of same in such manner as Landlord deems advisable, or (b) place such property in storage at the expense of Tenant’s Property or Required Removables, or to restore . Any property of Tenant remaining in the Premises to ten (10) days after the required condition as of the date of Expiration Date or earlier termination of this Lease will be deemed to have been abandoned by Tenant, and in such case such items may be retained by Landlord as Landlord's property or disposed of by Landlord without accountability to Tenant’s right to possession of the Premises, Landlordin such manner as Landlord determines, at Tenant’s sole cost and 's expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (Nexplore Corp)

Surrender of Premises. At the termination No act by Landlord shall be deemed an acceptance --------------------- of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good repair and condition, broom free of Hazardous Materials placed on the Premises during the Term, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation damageand Casualty damage not caused by Tenant, as to which Sections 16 14 and 17 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. If During the Term, Tenant fails may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). All alterations, additions, or improvements made in or upon the Premises shall, at Landlord's option (to remove be exercised pursuant to following sentence), either be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby), or shall remain in the Premises at the end of the Term without compensation to Tenant. In connection with Landlord's review and approval of any of Tenant’s Property 's proposed alterations, additions or Required Removables, or improvements to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord's notice of approval to Tenant with respect to the improvements in question, that Landlord will require Tenant to remove such alterations, additions, or improvements prior to the expiration of the Term; however, if Tenant submits plans and specifications to Landlord for proposed alterations, additions or improvements to the Premises and delivers a Removal Notice (defined below) to Landlord contemporaneously with such submission by Tenant, and Landlord fails to notify Tenant that Tenant will be required to remove such alterations, additions or improvements to the Premises at the expiration of the Term, Landlord may not request such removal at the expiration of the Term. A "Removal Notice" means a written notice from Tenant to Landlord that conspicuously states in bold, uppercase typeface that Tenant will not be required to remove the alterations, additions or improvements in question at the end of the Term unless, contemporaneously with Landlord's notice of approval to Tenant with respect to the alterations, additions or improvements in question, Landlord notifies Tenant in writing that Landlord will require Tenant to remove such alterations, additions or improvements prior to the expiration of the Term. Notwithstanding the foregoing, if Tenant does not obtain Landlord's prior written consent for any alterations, additions or improvements to the Premises (whether such approval is required hereunder or otherwise), Tenant shall, at Tenant’s sole cost Landlord's written request, remove all such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, furniture as the case Landlord may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertyrequest. Tenant shall pay Landlord the expenses and storage charges incurredrepair all damage caused by such removal. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned andAll items not so removed shall, at Landlord’s 's option, title be deemed to Tenant’s Property have been 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. The provisions of this Section 21 shall vest in Landlord or Landlord may dispose survive the end of Tenant’s Property in any manner Landlord deems appropriatethe Term.

Appears in 1 contract

Samples: Lease Agreement (Verisity LTD)

Surrender of Premises. At the termination No act by Landlord shall be deemed an acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good repair and condition, broom free of Hazardous Materials placed on the Premises during the Term, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation and Casualty damage, as to which Sections 16 14 and 17 15 shall control. If Tenant fails ) excepted, and shall deliver to remove any of Tenant’s Property or Required Removables, or Landlord all keys to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for Provided that no Event of Default exists or any other condition exists which with the valuepassage of time, preservation the giving of notice, or safekeeping both, could constitute an Event of Tenant’s Property. Default, Tenant shall pay Landlord the expenses may remove all unattached trade fixtures, furniture, and storage charges incurred. If Tenant fails to remove Tenant’s Property from personal property placed in the Premises or storageelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, within thirty (30) days after noticein whole or in part, by Landlord may deem all or any part of Tenant’s Property to be abandoned andwiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, title to Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Property shall vest in Landlord or Off-Premises Equipment) as Landlord may dispose request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall 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 Tenantby Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s Property rights in any manner Landlord deems appropriaterespect of the security interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Surrender of Premises. At the termination No act by Landlord shall be deemed an acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good repair and condition, broom free of Hazardous Materials placed on the Premises during the Term by Tenant or a Tenant Party, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation and Casualty damage, as to which Sections 16 Section 14 and 17 Section 15 shall control. If Tenant fails ) excepted, and shall deliver to remove any of Tenant’s Property or Required Removables, or Landlord all keys to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the valueProvided that Tenant has performed all of its obligations hereunder, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses may remove all unattached trade fixtures, furniture, and storage charges incurred. If Tenant fails to remove Tenant’s Property from personal property placed in the Premises or storageelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, within thirty (30) days after noticein whole or in part, by Landlord may deem all or any part of Tenant’s Property to be abandoned andwiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, title to Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Property shall vest in Landlord or Off-Premises Equipment) as Landlord may dispose request; provided, however, Tenant shall only be required to remove Alterations to the extent Landlord has required in writing delivered to Tenant concurrently with Landlord’s approval of such Alterations. Tenant shall 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 Property cost without notice to Tenant and without any obligation to account for such items; 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 20. Notwithstanding anything to the contrary, in no event shall Tenant be obligated to remove or restore any manner Landlord deems appropriate.of the improvements existing in the Premises as of the Commencement Date (including the Work, as defined in Exhibit D attached hereto). The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease. OFFICE LEASE AGREEMENT Xxxxxxxx Xxxx Xxxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx Arcutis, Inc. 27

Appears in 1 contract

Samples: Office Lease Agreement (Arcutis Biotherapeutics, Inc.)

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall remove Tenant’s Property will at once surrender possession and any and all Required Removables from vacate the Premises, and quit and surrender the Premises together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to Landlordremove pursuant to Section 8 hereof), broom clean, and to Landlord in the same order, good condition and repair as receivedrepair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and damage tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If if Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore within one (1) day after the Premises to the required condition as of the date of termination of this Lease Lease, or Tenant’s right to possession of the Premiseshereunder, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store such Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord the Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s Property to be have been abandoned and, at Landlord’s option, by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in Landlord or Landlord may dispose under this Lease as by a xxxx of Tenant’s Property in any manner Landlord deems appropriatesale.

Appears in 1 contract

Samples: Limited Liability Company Agreement (SEACOR Marine Holdings Inc.)

Surrender of Premises. At Upon the expiration or sooner termination of this the Lease Term, Tenant agrees to quit and surrender the Premises, broom-clean, in good condition and repair, reasonable use, wear and tear, natural deterioration and insured casualty excepted, together with all keys and combinations to locks, safes and vaults and all improvements, alterations, additions, lighting fixtures and equipment at any time made or installed in, upon or to the interior or exterior of the Premises (except personal property, signs and trade fixtures put in at Tenant’s right 's expense) all of possessionwhich shall then become the property of Landlord without any claim by Tenant, but the surrender of such property to Landlord shall not be deemed to be a payment of rent or in lieu of any rent reserved hereunder. Before surrendering the Premises, Tenant shall remove all of Tenant’s Property 's personal property, signs and trade fixtures and any and all Required Removables from materials, substances, devices or equipment defined as hazardous or otherwise controlled under any governmental law, rule or regulation and, at Landlord's option, Tenant shall also remove any alterations, additions, fixtures, equipment and decorations at any time made or installed by Tenant in, upon or to the interior or exterior of the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and Tenant shall repair as received, ordinary wear and tear and any damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall controlcaused thereby. If Tenant fails shall fail to remove any of Tenant’s Property or Required Removables's personal property and trade fixtures, then at the option of Landlord, the same shall either be deemed abandoned and become the exclusive property of Landlord, or to restore Landlord shall have the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlordremove and store said property, at the expense of Tenant’s sole cost , without further notice to or demand upon Tenant and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be hold Tenant responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay any and all charges and expenses incurred by Landlord the expenses and storage charges incurredtherefor. If Tenant fails shall leave any of said personal property or trade fixtures on the Premises with Landlord's consent, then Landlord shall have the right to remove and store such property, at the expense of the Tenant’s Property , upon twenty-four (24) hours notice to Tenant and to hold Tenant responsible for any and all charges and expenses incurred therefor. If Tenant shall fail to remove any hazardous or controlled materials, substances, devices or equipment, then Landlord shall have the right, without further notice or demand, to cause the removal of such hazardous or controlled materials, substances, devices or equipment and hold Tenant responsible for any and all cost incurred therefor. If the Premises be not surrendered as and when aforesaid and after Landlord shall have given to Tenant a three (3) day notice to quit, Tenant shall indemnify Landlord against all loss or liability resulting from the Premises delay of Tenant in so surrendering the same, including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligations under this Paragraph shall survive the expiration or storage, within thirty (30) days after notice, Landlord may deem all or any part sooner termination of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriatethe Lease Term.

Appears in 1 contract

Samples: Casa Ole Restaurants Inc

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, 84. The Tenant shall remove Tenant’s Property and any and all Required Removables from covenants to surrender the Premises, and quit and surrender at the Premises to Landlordexpiration of the tenancy created in this Lease, broom clean, and in the same ordercondition as the Premises were in upon delivery of possession under this Lease, condition and repair as received, ordinary reasonable wear and tear tear, damage by fire or the elements, and damage which Landlord is obligated to repair hereunder unavoidable casualty excepted, and casualty and condemnation damage, as agrees to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore surrender all keys for the Premises to the required condition Landlord at the place then fixed for payment of rent and will inform the Landlord of all combinations to locks, safes and vaults, if any. All alterations, additions and improvements constructed or installed in the Premises and attached in any manner to the floor, walls or ceiling, including any leasehold improvements, floor covering or fixtures (excluding trade fixtures), will remain upon and be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the part of the Tenant then, in such event, as of the date moment of termination of this Lease or Tenant’s right to possession default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) will, except to the extent the Landlord requires the removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other xxxxxxx remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of the same and will make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at the Tenant’s sole cost and 's expense, shall be entitled (but not obligated) should the Landlord so require by notice to remove and/or store the Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant the Tenant, after receipt of such notice from the Landlord, fails to promptly remove Tenant’s Property any trade fixtures, furnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises and remove from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant’s Property , which expense will immediately be paid by the Tenant to be abandoned and, at the Landlord’s option, title . The Tenant's obligation to Tenant’s Property shall vest observe or perform the covenants contained in Landlord this Lease will survive the expiration or Landlord may dispose other termination of Tenant’s Property in any manner Landlord deems appropriatethe term of this Lease.

Appears in 1 contract

Samples: Facility Lease Agreement

Surrender of Premises. At the termination No act by Landlord shall be deemed an acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term (unless caused by Landlord, broom cleanits employees, and agents or contractors), in the same orderbroom-clean condition including cleaning of interior surface of all walls, condition and repair flooring, ceiling and/or any roof deck due to Tenant’s specific use (with such cleaning by commercial cleaning application as receivedapproved by Landlord), ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation and Casualty damage, as to which Sections 16 Section 14 and 17 Section 15 shall control. If Tenant fails ) excepted, and shall deliver to remove any of Tenant’s Property or Required Removables, or Landlord all keys to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the valueTenant will remove all unattached trade fixtures, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses furniture, and storage charges incurred. If Tenant fails to remove Tenant’s Property from personal property placed in the Premises or storageelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, within thirty (30) days after noticein whole or in part, by Landlord may deem all or any part of Tenant’s Property to be abandoned andwiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option as described in Section 8(a), Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such Specialty Alterations, as well as wiring, conduits, or cabling installed by Tenant; however, Tenant shall not be required to remove the initial Tenant Improvements, nor shall Tenant be required to remove any other improvement or addition to the Premises or the Project if Landlord has specifically agreed in writing that such other improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s 45 option, title be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s Property cost without notice to Tenant and without any obligation to account for such items; any such disposition shall vest not be considered a strict foreclosure or other exercise of Landlord’s rights in Landlord respect of the security interest granted under Section 20. The provisions of this Section 20 shall survive the expiration or Landlord may dispose earlier termination of Tenant’s Property in any manner Landlord deems appropriatethe Lease.

Appears in 1 contract

Samples: Lease Agreement (Corcept Therapeutics Inc)

Surrender of Premises. At Tenant shall, at the end of the Lease Term, or any extension thereof, promptly surrender the Premises in good order and condition, and in conformity with the applicable provisions of this Lease, excepting only reasonable wear and tear. Upon the expiration or earlier termination of this Lease Lease, and prior to Tenant vacating the Premises, Landlord and Tenant shall jointly inspect the Premises and Tenant shall pay to Landlord the amount reasonably estimated by Landlord as necessary to put the Premises in the condition required hereunder. Any work required to be done by Tenant prior to its vacating of the Premises which has not been completed upon such vacating of the Premises, shall be completed by Landlord and billed to Tenant. Any Security Deposit held by Landlord shall be credited against the amount payable by Tenant under this Section. If Tenant abandons or Tenant’s right surrenders the Premises, or is dispossessed by process of possessionlaw or otherwise, Tenant shall remove Tenant’s its Personal Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premisesits Personal Property, Landlord, at its option may treat such failure as a hold over, and/or may (without liability to Tenant for loss thereof), at Tenant’s sole cost and expenseexpense and in addition to Landlord’s other rights and remedies under this Lease, shall be entitled at law or in equity: (but not obligateda) remove and store such items; and/or (b) upon ten (10) days prior written notice to remove and/or store Tenant’s Property and Required Removables, sell such items at private or public sale for such price as the case Landlord at its discretion may be, and/or perform such restoration of the Premisesobtain. Landlord shall not be responsible for apply the valueproceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord’s attorneys fees and other costs incurred in the removal, preservation or safekeeping storage and/or sale of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storagesuch items), within thirty (30) days after notice, Landlord may deem all or with any part of Tenant’s Property remainder to be abandoned and, at Landlord’s option, title paid to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Lease Agreement (Solid Biosciences Inc.)

Surrender of Premises. At Whenever under the termination terms hereof Landlord is entitled to possession of this Lease or Tenant’s right of possessionthe Premises, Tenant at once shall surrender the Premises and the Connector UPS Room and the keys thereto to Landlord in the same condition as on the Commencement Date hereof, normal wear and tear only excepted, and Tenant shall remove Tenant’s Property and any all of its personalty and all Required Removables from Rooftop Equipment therefrom and shall, if directed to do so by Landlord but subject to the Premisescontrary provisions of Exhibit B below with respect to the Exclusive Equipment, remove all improvements eligible for removal on the terms of Section 12 above (and/or any cabling installed by or on behalf of Tenant) and quit and surrender restore the Premises to Landlordits original condition prior to the construction of eligible improvements; provided, broom cleanhowever, that Tenant shall not be obligated to remove any improvements (other than the Exclusive Equipment and all cabling as aforesaid) to the extent present in the same order, condition and repair Premises as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall controlof the Commencement Date. If Tenant fails to remove any of Tenant’s Property personal property on or Required Removables, before the expiration or to restore the Premises to the required condition as of the date of earlier termination of this Lease Lease, or Tenant’s right to possession of the Premiseshereunder, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to re-enter the Premises and repossess itself thereof, to remove all persons and to remove and/or store Tenant’s Property all effects therefrom in accordance with applicable law, without being guilty of forcible entry, detainer, trespass or other tort, and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord the to Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove Tenant’s Property any such personal property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord at its option, may deem all or any part of such personal property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a xxxx of sale. Tenant’s Property 's obligation to be abandoned andobserve or LEGAL02/30607851v15 perform these covenants shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease or any renewal falls on Sunday or a legal holiday, at Landlord’s option, title to Tenant’s Property this Lease shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateexpire on the business day immediately preceding.

Appears in 1 contract

Samples: Lease Agreement (Healthsouth Corp)

Surrender of Premises. At All improvements made to the Premises (“Leasehold Improvements”), whether temporary or permanent in character, by either party (except only movable office furniture and equipment not attached to the Building) are a part of the Building and are the property of Landlord when they are placed in the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Expiration Date, may require Tenant to remove, at Tenant’s expense: any Leasehold Improvements that are performed by or for the benefit of Tenant and, 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 “Special Improvements”). Without limitation, it is agreed that Special Improvements include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Special Improvements designated by Landlord shall be removed by Tenant before the Expiration Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to five (5) days after the Expiration Date for the sole purpose of removing the Special Improvements. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or removal of Special Improvements. If Tenant fails to remove any Special Improvements or perform related repairs in a timely manner, Landlord, at Tenant’s expense, may remove and dispose of the Special Improvements and perform the required repairs. Tenant, within 10 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any Special Improvements in the Premises. Notwithstanding anything to the contrary, Cable shall not be construed to be a Special Improvement or otherwise required to be removed by Tenant. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section 8.C), may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration will be designated as a Special Improvement. Within 10 Business Days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration, if any, will be considered to be Special Improvements. Upon the Expiration Date or any earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and shall: (i) surrender to Landlord possession of the Premises to Landlordin good repair and condition, broom clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder damages or destruction by any insured casualty excepted, and casualty (ii) deliver to Landlord all keys to the Premises and condemnation damageall parking access cards. If Tenant does not immediately surrender possession, Landlord may enter upon and take possession of the Premises and expel or remove Tenant and any other person who may be occupying the Premises, or any part thereof, by force if necessary, without having any civil or criminal liability therefor. All furniture, movable trade fixtures, and equipment installed by Tenant remains the property of Tenant and must be removed by Tenant at the termination of this Lease. Any removal of Tenant’s property must be accomplished in a good and workmanlike manner so as not to which Sections 16 and 17 damage the Premises or the Building. Tenant, or Landlord at Tenant’s expense, shall controlrepair any damage to the Premises or the Building caused by any removal. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore property within 5 days after the Premises to the required condition as of the date of termination of this Lease or of Tenant’s right to possession of the Premisespossession, Landlord, Landlord at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or and store Tenant’s Property property. Tenant shall pay Landlord, upon demand, the expenses and Required Removablesstorage charges incurred for Tenant’s property. In addition, if Tenant fails to remove Tenant’s property from the Premises or storage, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) 10 days after written notice, Landlord may deem all or any part of Tenant’s Property property to be abandoned andabandoned, at Landlord’s option, and title to Tenant’s Property property shall vest be deemed to be immediately vested in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateLandlord.

Appears in 1 contract

Samples: Office Lease (JRjr33, Inc.)

Surrender of Premises. At the expiration of the Term or upon earlier termination of this Lease or Lease, Tenant shall peaceably surrender possession of the Premises to Landlord in broom-clean condition and in as good condition as when Tenant took possession, except for reasonable wear and tear. Tenant shall have the right to remove from the Premises any of Tenant’s right of possessionmachinery, equipment, trade fixtures or furnishings which may be removed without causing damage to the Premises, and, subject to Section 13.1 herein, Tenant shall remove Tenant’s Property any Alterations and any and all Required Removables from the Premisesother alterations, and quit and surrender the Premises to Landlordadditions, broom cleanimprovements, and in the same ordermachinery, condition and repair as receivedequipment, ordinary wear and tear and damage trade fixtures or furnishings installed by Tenant which Landlord is shall direct to be removed in accordance with the provisions of this Lease. Tenant shall not be obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property Alterations or Required Removablesany other alterations, additions, improvements, machinery, equipment, trade fixtures or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premisesfurnishings that Tenant did not install, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord more specifically shall not be responsible for required to remove the value, preservation or safekeeping of Tenantprior tenant’s Propertycabling currently in place. Tenant shall pay Landlord promptly repair any damage to the expenses and storage charges incurredPremises or the Building caused by any such removal. If Any personal property of Tenant fails to remove Tenant’s Property not removed from the Premises or storageshall be deemed to have been abandoned by Tenant and, within thirty (30) days after noticeat Landlord’s option, shall thereupon become the property of Landlord. If Landlord may deem elects to remove all or any part of Tenant’s Property personal property, the cost of removal, including the cost of repairing any damage to the Premises or the Building caused by such removal, and the cost of any storage shall be abandoned andpaid by Tenant. At the expiration of the Term or upon any earlier termination of this Lease, at Tenant shall surrender all keys to the Premises to the Landlord’s option. No act or conduct of Landlord, title including, without limitation, the acceptance of keys to Tenant’s Property the Premises, shall vest in constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Landlord or Landlord may dispose to Tenant shall constitute acceptance of Tenant’s Property in any manner Landlord deems appropriatethe surrender of the Premises and accomplish a termination of the Lease.

Appears in 1 contract

Samples: Jaguar Health, Inc.

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrepair, ordinary reasonable wear and tear tear, permitted Alterations and damage which Landlord is obligated to repair hereunder by casualty or condemnation excepted, and casualty will surrender all keys to Landlord or Property Manager at the place then fixed for Tenant’s payment of Basic Rent or as Landlord may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and condemnation damagevaults, as if any, in the Premises or on the Property. Tenant will at such time remove all of its property from the Premises and, if Landlord so requests, all previously specified Alterations Tenant placed on the Premises. Tenant will promptly repair any damage to which Sections 16 and 17 shall controlthe Premises caused by such removal. If Tenant fails does not surrender the Premises in accordance with this section, Tenant will release, indemnify, defend (with counsel reasonably acceptable to remove Landlord) protect and hold harmless Landlord from and against any of Claim resulting from Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of delay in so surrendering the Premises, Landlordincluding, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping all of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property property from the Premises or storageupon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, within thirty (30) days after notice, Landlord may deem all or any part at the sole cost and risk of Tenant’s Property to , and Landlord will not be abandoned andliable for damage, at Landlord’s optiontheft, title to Tenant’s Property shall vest in Landlord misappropriation or Landlord may dispose of Tenant’s Property loss thereof or in any manner Landlord deems appropriatein respect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Horizon Health Corp /De/)

Surrender of Premises. At Upon the expiration or sooner termination of this the Lease Term, Tenant agrees to quit and surrender the premises, broom-clean, in good condition and repair, reasonable use, wear and tear, natural deterioration and insured casualty excepted, together with all keys and combinations to locks, safes and vaults and all improvements, alterations, additions, lighting fixtures and equipment at any time made or installed in, upon or to the interior or exterior of the Premises, except personal property, signs and trade fixtures put in at Tenant’s right expense, all of possessionwhich shall then become the property of Landlord without any claim by Tenant, but the surrender of such property to Landlord shall not be deemed to be a payment of rent or in lieu of any rent reserved hereunder. Before surrendering the Premises, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removablespersonal property, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost signs and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned trade fixtures and, at Landlord’s option, title Tenant shall also remove any alterations, additions, fixtures, equipment and decorations at any time made or installed by Tenant in, upon or to Tenant’s Property the interior or exterior of the Premises, and Tenant further agrees to repair any damage caused thereby. If Tenant shall vest in Landlord or Landlord may dispose fail to remove any of Tenant’s Property said personal property and trade fixtures, said property shall, at the option of Landlord, either be deemed abandoned and become the exclusive property of Landlord, or Landlord shall have the right to remove and store said property, at the expense of Tenant, without further notice to or demand upon Tenant and hold Tenant responsible for any and all charges and expenses incurred by Landlord therefor. If Tenant shall leave any of said personal property or trade fixtures on the Premise with Landlord’s consent, then Landlord shall have the right to remove and store such property, at the expense of Tenant, upon twenty-four (24) hours’ notice to Tenant and to hold Tenant responsible for any and all charges and expenses incurred therefor. If the Premises be not surrendered as and when aforesaid and after Landlord shall have given to Tenant a three (3) day notice to quit, Tenant shall indemnify Landlord against all loss or liability resulting from the delay by Tenant in so surrendering the same, including, without limitation, any manner claims made by any succeeding occupant founded on such delay. Tenant’s obligations under this Paragraph 31 shall survive the expiration or sooner termination of the Lease Term. At the termination of the Lease Term, Landlord deems appropriateshall have the right to apply the Deposit specified in Section 1(g) to any damages incurred by Landlord as a result of Tenant’s failure to perform any of its obligations under this Lease.

Appears in 1 contract

Samples: Agreement of Lease (1847 Holdings LLC)

Surrender of Premises. At the Tenant shall, upon expiration or sooner termination of this Lease or Tenant’s right of possessionLease, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and Landlord in the same ordercondition as existed on the date Tenant originally took possession thereof, condition and repair as received, ordinary except for normal wear and tear including, but not limited to, all interior walls cleaned, all interior painted surfaces repainted in the original color, all holes in walls repaired, all carpets shampooed and damage which Landlord is obligated to repair hereunder exceptedcleaned, all HVAC equipment in operating order and in good repair; and all floors cleaned, waxed, and casualty free of any Tenant-introduced marking or painting, all to the reasonable satisfaction of Landlord. Tenant short remove all of its debris from the Project. At or before the time of surrender, Tenant shall comply with the terms of Paragraph 12.A, hereof with respect to Alterations to the Premises and condemnation damage, as to which Sections 16 and 17 shall controlall other matters addressed in such Paragraph. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to are not so surrendered at the required condition as of the date of expiration or sooner termination of this Lease Lease, the provisions of Paragraph 23 hereof shall apply. All keys to the Premises or Tenant’s right any part thereof shall be surrendered to possession Landlord upon expiration or sooner termination of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s PropertyTerm. Tenant shall pay give written notice to Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within at least thirty (30) days after noticeprior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord may deem all or to any part holding over by Tenant. In the event of Tenant’s Property 's failure to give such notice or participate in such joint inspection, Landlord's inspection at or after Tenant's vacating the Premises shall conclusively be abandoned anddeemed correct for purposes of determining Tenant's responsibility for repairs and restoration. Any delay caused by Tenant's failure to carry out its obligations under this Paragraph 36 beyond the term hereof, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose constitute unlawful and illegal possession of Tenant’s Property in any manner Landlord deems appropriatePremises under Paragraph 23 hereof.

Appears in 1 contract

Samples: Lease (Interwoven Inc)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (i) in the same condition and repair as received (damage by acts of God, casualty, normal wear and tear, condemnation, Hazardous Materials (other than those released or emitted by Tenant), Alterations or other interior improvements which it is permitted to surrender at the termination of this Lease and repairs that Tenant is not responsible for under this Lease, excepted), and (ii) in accordance with Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant’s right , or Tenant otherwise performing all of possessionits obligations under this Lease. On or before the expiration or earlier termination of this Lease, Tenant shall remove (a) all of Tenant’s Property (defined below) and any and all Required Removables Tenant’s signage from the Premises, and quit (b) any Alterations made without Landlord’s consent and surrender any other Alterations that Landlord may, by notice to Tenant given at the Premises time it approves the Alterations require Tenant (at Tenant’s expense) to Landlord, broom cleanremove, and in the same orderTenant shall repair any damage caused by all of such removal activities. “Tenant’s Property” means all equipment, condition trade fixtures, computer wiring and repair as receivedcabling, ordinary wear furnishings, inventories, goods and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall controlpersonal property of Tenant. If Tenant fails to remove any Any of Tenant’s Property or Required Removablesnot so removed by Tenant as required herein shall be deemed abandoned and may be stored, or removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to restore the Premises Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. Notwithstanding anything to the required condition as contrary contained herein, on or before the expiration of the date of Term or any earlier termination of this Lease or Tenant’s right to possession of the PremisesLease, LandlordTenant shall, at Tenant’s sole cost and expenseexpense and in compliance with the National Electric Code and other applicable laws, shall be entitled remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the exclusive benefit of Tenant in or around the Premises (but not obligated) to remove and/or store Tenant’s Property and Required Removablescollectively, as the case may be“Cabling”); provided, and/or perform such restoration of the Premises. Landlord however, Tenant shall not be responsible for remove the value, preservation or safekeeping of Tenant’s Property. Cabling if Tenant shall pay receives a written notice from Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within at least thirty (30) days after notice, Landlord may deem prior to the expiration of the Lease authorizing all or any part portion of Tenant’s Property the Cabling to remain in place, in which event the Cabling or portion thereof authorized by Landlord remain at the Premises shall be surrendered with the Premises upon expiration or earlier termination of this Lease. All Alterations except those which Landlord requires Tenant to remove, shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, Tenant shall continue to be abandoned andresponsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered. Tenant shall indemnify, at Landlord’s optiondefend and hold the Indemnitees (as defined below) harmless from and against any and all Claims (x) arising from any delay by Tenant in so surrendering the Premises including, title without limitation, any Claims made against Landlord by any succeeding tenant or prospective tenant founded on or resulting from such delay, and (y) suffered by Landlord due to Tenant’s Property shall vest in Landlord lost opportunities to lease any portion of the Premises to any such succeeding tenant or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateprospective tenant.

Appears in 1 contract

Samples: Lease Agreement (Ambarella Inc)

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrepair, ordinary reasonable wear and tear tear, permitted Alterations and damage which Landlord is obligated to repair hereunder by casualty or condemnation excepted, and casualty will surrender all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and condemnation damagevaults, as if any, in the Premises or on the Property. Tenant will at such time remove all of its property from the Premises and, if Landlord required removal at the time Landlord approved the Alterations in accordance with Article 8, all such Alterations. Tenant will promptly repair any damage to which Sections 16 and 17 shall controlthe Premises caused by such removal. If Tenant fails does not surrender the Premises in accordance with this section, Tenant will release, indemnify, defend (with counsel reasonably acceptable to remove Landlord) protect and hold harmless Landlord from and against any of Claim resulting from Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of delay in so surrendering the Premises, Landlordincluding, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping all of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property property from the Premises or storageupon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, within thirty (30) days after notice, Landlord may deem all or any part at the sole cost and risk of Tenant’s Property to , and Landlord will not be abandoned andliable for damage, at Landlord’s optiontheft, title to Tenant’s Property shall vest in Landlord misappropriation or Landlord may dispose of Tenant’s Property loss thereof or in any manner Landlord deems appropriatein respect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

Surrender of Premises. At the Upon expiration or termination of this Lease or termination of Tenant’s right of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, LandlordTenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, at good and leaseable condition, except for (i) damage not caused by the acts of Tenant’s sole cost , its agents, employees, contractors or invitees and expense(ii) ordinary wear and tear. Charges incurred by Landlord for removal of boxes and debris left in the Premises which exceed normal janitorial costs shall be charged to Tenant. Movable trade fixtures, personal property and all telephone, communication and data lines and cables (collectively, “Telecommunication Equipment”) owned, installed or caused to be installed by Tenant in the Premises or elsewhere, shall be entitled (but not obligated) removed by Tenant in a good and workmanlike manner provided, however, that Tenant shall repair any damage to remove and/or store Tenant’s Property and Required Removablesthe Premises or Building caused by such removal; except in the event the Premises was delivered to Tenant with existing Telecommunication Equipment, as the case may be, and/or perform such restoration of the Premises. Landlord Tenant shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails required to remove Tenant’s Property from any Telecommunication Equipment upon expiration or termination of the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property Lease. All items authorized to be abandoned andremoved but subsequently not removed shall, at Landlord’s option, be conclusively presumed to have been abandoned by Tenant, and title thereto shall pass to Landlord without any payment or credit, and Landlord may, at its option, either store or dispose of these items at Tenant’s Property shall vest in expense. Except as otherwise noted herein, if any alterations or improvements are made by Tenant, with or without Landlord’s approval, Tenant will, at its expense and upon request by Landlord, restore the Premises to its original condition. Landlord will inform Tenant at time of plan approval whether Landlord will require removal upon Lease expiration or Landlord may dispose earlier termination of Tenant’s Property in any manner Landlord deems appropriatealterations or improvements that Tenant desires to install.

Appears in 1 contract

Samples: Office Building Lease (GrubHub Inc.)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property and any and all Required Removables (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrepair, ordinary wear and tear and damage which Landlord is obligated by casualty excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed for the benefit of Tenant’s use of the Premises and located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, 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 (“Special Installations”); and (C) Tenant’s personal property; provided, however, with regard to repair hereunder exceptedclauses (A) and (B), Tenant shall not be required to remove same unless (1) such items were installed after the Commencement Date, and casualty (2) to the extent same required Landlord’s consent before installation, Landlord notified Tenant at the time of consent that Tenant would be required to remove them upon termination of this Lease. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and condemnation damageat no cost to Landlord, as require Tenant to which Sections 16 and 17 shall controlleave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property or Required Removables, or (other than Special Installations which Landlord has designated to restore remain in the Premises to Premises) within five (5) Business Days after the required condition as of the date of termination of this Lease or of Tenant’s right to possession of the Premisespossession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or and store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the PremisesRemovable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord Landlord, upon demand, the reasonable expenses and storage charges incurredincurred for Tenant’s Removable Property. If In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned andabandoned, at Landlord’s option, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least thirty (30) days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to five (5) Business Days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or Landlord may dispose before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Property in any manner Landlord deems appropriateRemovable Property.

Appears in 1 contract

Samples: Office Lease (Pier 1 Imports Inc/De)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property and any and all Required Removables (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrepair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage which located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, 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 (“Special Installations”); and (C) Tenant’s personal property. Landlord is obligated shall notify Tenant in writing at the time of Landlord’s approval of Tenant’s Plans (defined in the Work Letter) or at the time of approval of plans submitted to repair hereunder exceptedLandlord by Tenant in connection with Alterations whether any Leasehold Improvements to be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and casualty and condemnation damageat no cost to Landlord, as require Tenant to which Sections 16 and 17 shall controlleave any of its Special Installations or Cable in the Premises. If Tenant fails to remove any of Tenant’s Removable Property or Required Removables, or (other than Special Installations which Landlord has designated to restore remain in the Premises to Premises) within 2 days after the required condition as of the date of termination of this Lease or of Tenant’s right to possession of the Premisespossession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or and store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the PremisesRemovable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned andabandoned, at Landlord’s option, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or Landlord may dispose before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Property in any manner Landlord deems appropriateRemovable Property.

Appears in 1 contract

Samples: Office Lease (Varolii CORP)

Surrender of Premises. At the termination No act by Landlord shall be deemed an acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good repair and condition, broom cleanfree of Hazardous Materials placed on the Premises during the Term, and in the same orderbroom-clean condition, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as shall deliver to which Sections 16 and 17 shall control. If Tenant fails Landlord all keys to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the valueProvided that Tenant has performed all of its obligations hereunder, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses may remove all unattached trade fixtures, furniture, and storage charges incurred. If Tenant fails to remove Tenant’s Property from personal property placed in the Premises or storageelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, within thirty (30) days after noticein whole or in part, by Landlord may deem all or any part of Tenant’s Property to be abandoned andwiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, title Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including but not limited to Tenant’s Property shall vest in Landlord or Off-Premises Equipment) as Landlord may dispose request together with all signs affixed by Tenant to the exterior of Tenantthe Building or elsewhere at the Project (as well as lettering installed by Tenant on sign panels installed by Landlord); however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s Property in option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any manner Landlord deems appropriate.obligation to account for such items. The provisions of this Section 26 shall survive the end of the Term. Texas Industrial Lease — American Locker Group, Inc. 19 0000 Xxxxxx, Xxxxx 000, XXX Xxxxxxx, Xxxxx

Appears in 1 contract

Samples: Lease Agreement (American Locker Group Inc)

Surrender of Premises. At Prior to the expiration or earlier termination of this Lease or Tenant’s right Lease, no act by Landlord shall be deemed an acceptance of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from a surrender of the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Xxxxxxxx. At the expiration or termination of this Lease, Tenant shall deliver to Landlord the Premises with all improvements located therein in the condition required by the first sentence of Section 8(b)(ii), with all Required Removables, as defined below, removed and all damage resulting from such removal shall have been repaired, free of Hazardous Materials (as defined in Section 25(i) below) placed on the Premises during the Term (excluding any such placement by Landlord, broom cleanits agents, contractors, or employees), and shall deliver to Landlord all keys to the Premises. Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the same orderPremises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, condition in whole or in part, by Landlord, excluding Tenant’s AV and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damageIT Equipment, as to which Sections 16 and 17 defined below). Tenant shall control. If Tenant fails have no obligation to remove any of Tenant’s Property Cable at the expiration or Required Removables, or to restore the Premises to the required condition as of the date of earlier termination of this Lease or Tenant’s right to possession of the PremisesLease. In addition, Landlord, by written notice to Tenant at the time Landlord consents to any Alterations (including the Work), may require Tenant, at Tenant’s sole cost and expense, to remove any improvements or other affixed installations that were performed by or installed by or on behalf of Tenant and that, in Landlord’s reasonable judgment, are of a nature that would entail removal and repair costs that are materially in excess of the removal and repair costs associated with standard office installations, including, without limitation, shower rooms, kitchens, executive bathrooms, raised computer floors, computer room installations, supplemental HVAC equipment, generators, telecommunications equipment (excluding the Cable), safe deposit boxes, vaults, libraries or file rooms requiring reinforcement of floors, internal staircases, slab penetrations, conveyors, curved walls, drop ceilings, and any other improvements of a similar character and/or incorporating unusual architectural elements or requiring unusual expense to remove and restore (“Specialty Alterations”). Unless otherwise expressly provided by Landlord at the time Tenant obtains Landlord’s consent to any Specialty Alterations, all Specialty Alterations shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.deemed “

Appears in 1 contract

Samples: Office Lease Agreement (Sage Therapeutics, Inc.)

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Surrender of Premises. At the termination expiration of this Lease or Tenant’s right of possessionthe tenancy hereby created, Tenant shall remove Tenant’s Property and any and all Required Removables from peaceably surrender the Leased Premises, including all alterations, additions, improvements, decorations and quit repairs made thereto which were approved by Landlord (but excluding all trade fixtures, equipment, signs and surrender the Premises to Landlordother personal property installed by Tenant, broom clean, and provided that in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 no event shall control. If Tenant fails to remove any of Tenantthe following materials or equipment without Landlord’s Property prior written consent: any free-standing signs, any power wiring or Required Removablespower panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other similar building operating equipment and decorations), in good first class condition and repair, reasonable wear and tear, subject to restore the Premises to the required condition as of the date of termination of this Lease or TenantLandlord’s right to possession of the Premisesreasonable approval, Landlordand damage by casualty, at Tenant’s sole cost and expenseif fully insured, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertyexcepted. Tenant shall pay remove all its property not required to be surrendered to Landlord before surrendering the expenses Leased Premises as aforesaid, and storage charges incurredshall repair any damage to the Leased Premises caused thereby. If Any personal property remaining in the Leased Premises at the expiration of the Lease period may be deemed abandoned by Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, and Landlord may deem all or claim the same and shall in no circumstances have any part of Tenant’s Property liability to be abandoned andTenant therefor or, at Landlord’s optionelection, title Landlord may cause the removal of such property and Tenant shall pay to Landlord the cost of such removal and repair. If the Leased Premises are not surrendered at the end of the term as hereinabove set out, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including without limitation claims made by the succeeding Tenant founded on such delay. Tenant’s Property obligation to observe or perform this covenant shall vest in Landlord survive the expiration or Landlord may dispose other termination of Tenant’s Property in any manner Landlord deems appropriatethe term of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Dixie Group Inc)

Surrender of Premises. At the termination On expiration of this Lease or Tenant’s right within five days after the earlier termination of possessionthe Term, Tenant shall remove surrender to Landlord the Premises “broom clean” and “As Is” condition (subject, however, to Tenant’s Property compliance with all maintenance and any and all Required Removables from the Premises, and quit and surrender repair obligations with respect to the Premises to Landlordset forth in Section 7.1 of this Lease), broom clean, and in the same order, condition and repair as received, except for ordinary wear and tear and damage which tear, those items to be repaired or maintained by Landlord is obligated to repair hereunder exceptedas set forth in Section 7.2 above, and casualty destruction to the Premises covered by Section 15. Tenant shall remove all its personal property and condemnation damage, as all Alterations required to which Sections 16 and 17 be removed pursuant to Section 6.2 of this Lease within the above-stated time. Tenant shall control. If perform all restoration made necessary by the removal by Tenant (or by Landlord if Tenant fails to remove) of any Alterations or Tenant’s personal property within the time periods stated in this Section. In no event shall Tenant be required to remove any Cabling installed by or on behalf of Tenant (before or after the Lease Date). Subject to applicable law, and after ten (10) days prior written notice or such longer period as may be required by applicable law (and Tenant’s failure to act within such notice period), Landlord may elect to retain or dispose of in any manner any Alterations or any of Tenant’s Property or Required Removables, or to restore personal property that Tenant does not remove from the Premises to the required condition as of the date of termination on expiration of this Lease or Tenant’s right to possession within five (5) days after the earlier termination of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) Term as allowed or required by this Lease. Title to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform any such restoration of the Premises. Landlord shall not be responsible for the value, preservation alterations or safekeeping to any of Tenant’s Propertypersonal property that Landlord elects to retain or dispose of shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such alterations or any of Tenant’s personal property. Tenant shall pay be liable to Landlord the expenses for Landlord’s costs for storing, removing, and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all disposing of any such Alterations or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriatepersonal property.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall remove Tenant’s Property will at once surrender possession and any and all Required Removables from vacate the Premises, and quit and surrender the Premises together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to Landlordremove pursuant to Section 8 hereof), broom clean, and to Landlord in the same order, good condition and repair as receivedrepair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed reasonable wear and casualty tear. Tenant shall surrender to Landlord all keys to the Premises and condemnation damagemake known to Landlord the explanation of all combination locks, as which Tenant is permitted to which Sections 16 and 17 shall controlleave on the Premises. If Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore within one (1) day after the Premises to the required condition as of the date of termination of this Lease Lease, or Tenant’s right to possession of the Premiseshereunder, Landlord, at Tenant’s sole cost and expenseexpenses, shall be entitled (but not obligated) to remove and/or store such Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord the Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any of Tenant’s Property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s Property to be have been abandoned and, at Landlord’s option, by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in Landlord or Landlord may dispose under this Lease as by a xxxx of Tenant’s Property in any manner Landlord deems appropriatesale.

Appears in 1 contract

Samples: Office Lease Agreement (VirtualArmour International Inc.)

Surrender of Premises. At the termination No act by Landlord shall be deemed an acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good repair and condition, broom free of Hazardous Materials placed on the Premises during the Term, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear tear, condemnation and Casualty damage which and repairs required to be completed by Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as shall deliver to which Sections 16 and 17 shall control. If Tenant fails Landlord all keys to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the valueTenant may remove all trade fixtures, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses racks, furniture, and storage charges incurred. If Tenant fails to remove Tenant’s Property from personal property placed in the Premises or storageelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, within thirty (30) days after noticein whole or in part, by Landlord may deem all or any part wiring or cabling, unless Landlord requires such removal of Tenant’s Property such wiring or cabling by written notice to be abandoned andTenant at the time that Landlord consents to the installation thereof, or, upon written request, consents to such removal). Additionally, at Landlord’s option, title to Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Property shall vest in Landlord or Off-Premises Equipment, and any such items that were permitted to be installed by Tenant without Landlord’s prior written consent pursuant to Section 8(a) hereof) as Landlord may dispose request: however, Tenant shall not be required to remove any of Tenantthe foregoing (including any wiring, conduit or cabling) which was installed by Landlord, or which Landlord, at the time Tenant obtained consent to install the same, did not specifically instruct Tenant in writing must be removed. Tenant shall repair all damage caused by such removal. Following the Permitted Holdover Period (if any), all items not so removed shell, at Landlord’s Property option, be deemed to have been 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; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in any manner Landlord deems appropriaterespect of the security inters granted under Section 20(c). The provisions of this Section 22 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Orthofix Medical Inc.)

Surrender of Premises. At the expiration or sooner termination of this Lease or Tenant’s right of possessionLease, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender return the Premises to LandlordLandlord in the same condition in which received, broom clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear excepted. Tenant shall remove all personal property trade fixtures, appliances and equipment ("Fixtures"). Where such removal will require structural changes or damage to the Premises, Landlord will have the option to have same removed at Tenant's expense and under Landlord's supervision. Tenant shall also remove any and all alterations which Landlord is obligated designates to repair hereunder exceptedbe removed pursuant to Section 10.4 below, and casualty shall restore the Premises to the condition they were in prior to the installation or construction of said alterations. If Tenant has failed to fully pay all amounts due under this lease, Landlord may, at Landlord's option, designate any or all Fixtures paid for by Tenant and condemnation damageinstalled on the Premises. Landlord's payment in full or in part of any such unpaid amounts, as to which Sections 16 and 17 Tenant shall controlprovide Landlord with a Xxxx of Sale correctly evidence the transfer of ownership. If Tenant fails to remove any of fixture, at Landlord's option, Tenant shall agree to designate and permit Landlord to remove the same at Tenant’s Property or Required Removables, or to restore the Premises 's expense. Tenant shall return all keys to the required condition as of the date of Landlord within 12 hours following termination of this Lease or pay for the cost of new keys, if the Landlord so requires. Tenant’s 's obligation to perform this covenant shall survive the expiration of termination of this Lease. Landlord may place and maintain "For Lease" signs in conspicuous places on the Premises for 180 days prior to the expiration or early termination of this Lease, and reserves the right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or enter any part of Tenant’s Property the Premises during the same 180-day period to be abandoned and, at Landlord’s option, title show the Premises to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateprospective tenants.

Appears in 1 contract

Samples: Commercial Lease (Freei Networks Inc)

Surrender of Premises. At the expiration or earlier termination of this Lease or Tenant’s right of possessionpossession hereunder, Tenant shall remove all Tenant’s Property and any and from the Premises, remove all Required Removables from (if any) under Section 8.03, remove all non-building standard signage installed by or on behalf of Tenant (excluding Tenant’s Elevator Bank Signage, which shall be removed by Landlord at the Premisesexpiration or earlier termination of this Lease or Tenant’s right of possession hereunder ), and quit and surrender the Premises to Landlord, broom clean, and in the same order, good condition and repair as receivedrepair, ordinary reasonable wear and tear tear, damage by casualty or the acts of Landlord, and damage matters for which Landlord is responsible under this Lease, excepted. Tenant shall repair any damage caused by the installation or removal of Tenant’s Property or Required Removables or signage that Tenant is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall controlremove hereunder. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore or repair the Premises to the required condition as provided herein upon the expiration of the date Term of this Lease (or, as applicable, within twenty (20) days after any earlier termination of this Lease or Tenant’s right to possession of the Premiseshereunder), then Landlord, at Tenant’s sole cost and expense, shall be entitled (entitled, but not obligated) , to remove and/or and store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration or repair of the Premises. Landlord shall not be responsible for the value, preservation preservation, or safekeeping of Tenant’s Property. , and Tenant shall pay Landlord to Landlord, upon demand, the expenses and storage charges so incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to [***]Confidential treatment has been requested Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (Haemonetics Corp)

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall remove Tenant’s Property will at once surrender possession and any and all Required Removables from vacate the Premises, and quit and surrender the Premises together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to Landlordremove pursuant to Section 8 hereof), broom clean, and to Landlord in the same order, good condition and repair as receivedrepair, ordinary wear and tear and loss or damage due to casualty or condemnation excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If if Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore within one (1) day after the Premises to the required condition as of the date of termination of this Lease Lease, or Tenant’s right to possession of the Premiseshereunder, Landlord, at Tenant’s sole cost and expenseexpenses, shall be entitled (but not obligated) to remove and/or store such Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord the Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s Property to be have been abandoned and, at Landlord’s option, by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in Landlord or Landlord may dispose under this Lease as by a bxxx of Tenant’s Property in any manner Landlord deems appropriatesale.

Appears in 1 contract

Samples: Office Lease Agreement (Epicor Software Corp)

Surrender of Premises. At By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises and the Property in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. On the Expiration Date or earlier termination of this Lease or Tenant’s right of possessionLease, Tenant Xxxxxx shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to LandlordLandlord in its condition as of the Commencement Date, broom clean, and in the same order, condition and repair as received, ordinary normal wear and tear excepted. Tenant shall remove from the Premises all of Tenant’s Personal Property and any Alterations required to be removed pursuant to Section 9 of this Lease. Tenant shall repair any damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall controlor perform any restoration work required by the removal. If Tenant fails to timely remove any Personal Property or Alterations as aforesaid, Landlord may remove the property and store and/or dispose of the same at Tenant’s Property or Required Removablesexpense, or to restore including interest at the Interest Rate. If the Premises to are not so surrendered at the required condition as of the date of termination of this Lease or Tenant’s right to possession of Lease, Tenant shall indemnify Landlord against all Claims resulting from delay by Xxxxxx in so surrendering the Premises, Landlordincluding, at Tenant’s sole cost without limitation, any claims made by any succeeding tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property attorneys’ fees and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertycosts. Tenant shall pay give written notice to Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within at least thirty (30) days after notice, prior to vacating the Premises and shall meet with Landlord may deem all or any part for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s Property failure to be abandoned andgive such notice or participate in such joint inspection, at Landlord’s option, title to inspection at or after Xxxxxx’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s Property shall vest in Landlord or Landlord may dispose responsibility for removal of Tenant’s Property in any manner Landlord deems appropriateAlterations and repairs and restoration of the Premises.

Appears in 1 contract

Samples: Lease (Renovis Inc)

Surrender of Premises. At the termination of this Lease or Tenant’s right of possession, The Tenant shall remove Tenant’s Property and any and all Required Removables from covenants to surrender the Premises, and quit and surrender at the Premises to Landlordexpiration of the tenancy created in this Lease, broom clean, and in the same ordercondition as the Premises were in upon delivery of possession under this Lease, condition and repair as received, ordinary reasonable wear and tear tear, damage by fire or the elements, and damage which Landlord is obligated to repair hereunder unavoidable casualty excepted, and casualty and condemnation damage, as agrees to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore surrender all keys for the Premises to the required condition Landlord at the place then fixed for payment of rent and will inform the Landlord of all combinations to locks, safes and vaults, if any. All alterations, additions and improvements constructed or installed in the Premises and attached in any manner to the floor, walls or ceiling, including any leasehold improvements, equipment, floor covering or fixtures (including trade fixtures), will remain upon and be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the part of the Tenant then, in such event, as of the date moment of termination of this Lease or Tenant’s right to possession default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) will, except to the extent the Landlord requires the removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of the same and will make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at the Tenant’s sole cost and 's expense, shall be entitled (but not obligated) should the Landlord so require by notice to remove and/or store the Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant the Tenant, after receipt of such notice from the Landlord, fails to promptly remove Tenant’s Property any trade fixtures, furnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises and remove from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant’s Property , which expense will immediately be paid by the Tenant to be abandoned and, at the Landlord’s option, title . The Tenant's obligation to Tenant’s Property shall vest observe or perform the covenants contained in Landlord this Lease will survive the expiration or Landlord may dispose other termination of Tenant’s Property in any manner Landlord deems appropriatethe Term.

Appears in 1 contract

Samples: Commercial Lease Agreement

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property and any and all Required Removables (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrepair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder exceptedtear, and casualty loss and condemnation damageexcepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, 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 (“Special Installations”); and (C) Tenant’s personal property. In connection with Tenant’s submission to Landlord of Tenant’s plans and specifications (or any changes to the plans and specifications) for any Leasehold Improvements (including any Alterations), Tenant may, in writing, inquire of Landlord whether any such Leasehold Improvements or Alterations, as applicable, described in the plans and specifications will constitute Special Installations (defined below). Landlord shall, within 10 Business Days after its receipt of a written request therefor from Tenant, notify Tenant in writing whether any Leasehold Improvements (including the Tenant Work, as defined below) or Alterations to which Sections 16 be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and 17 shall controlat no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property or Required Removables, or (other than Special Installations which Landlord has designated to restore remain in the Premises to Premises) within 2 days after the required condition as of the date of termination of this Lease or of Tenant’s right to possession of the Premisespossession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or and store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the PremisesRemovable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord Landlord, within 30 days after written notice, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned andabandoned, at Landlord’s option, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Section 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or Landlord may dispose before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Property in any manner Landlord deems appropriateRemovable Property.

Appears in 1 contract

Samples: Office Lease (GameFly Inc.)

Surrender of Premises. At 35.1. Upon the expiration or sooner termination of the Term of this Lease Lease, Tenant agrees to quit and surrender the Premises, broom-clean, in good condition and repair, reasonable wear and tear and casualty excepted, together with all keys and combinations to locks, and all improvements, alterations, at any time made or installed in, upon or to the interior or exterior of the Premises, except Personal Property and other unattached movable trade fixtures put in at Tenant’s right expense, including propriety banking trade fixtures such as bank vault(s) and safe deposit boxes, shall thereupon become the property of possessionLandlord without any claim by Tenant therefore but the surrender of such property to Landlord shall not be deemed to be a payment of rent or in lieu of any rent reserved hereunder. Before surrendering the Premises, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Personal Property and Required Removablesunattached movable trade fixtures, including propriety banking trade fixtures such as the case may bebank vault(s) and safe deposit boxes, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title Tenant shall also remove any ATM location in the Premises or the Shopping Center installed by or on behalf of Tenant at any time installed by Tenant in, upon or to the interior or exterior of the Premises; and Tenant further agrees to repair any damage caused thereby. If Tenant shall fail to remove any of Tenant’s Personal Property shall vest in and trade fixtures, such property shall, at the option of Landlord, be deemed abandoned and become the exclusive property of Landlord or Landlord may dispose shall have the right to remove and store said property, at the expense of Tenant, without further notice to or demand upon Tenant, and hold Tenant responsible for any and all charges and expenses incurred by Landlord therefore. If the Premises is not surrendered as and when aforesaid, Tenant shall indemnify Landlord against all loss or liability resulting from the delay by Tenant in so surrendering the same, including without limitation any claims made by any succeeding occupant founded on such delay. Tenant’s Property in any manner Landlord deems appropriateobligations under this Section shall survive the expiration or sooner termination of the Term of this Lease.

Appears in 1 contract

Samples: Carroll Bancorp, Inc.

Surrender of Premises. At Upon the expiration or other termination of the Lease Term, Tenant shall surrender the Premises, broom clean, in the same order and condition in which they are in on the Lease Commencement Date, ordinary wear, tear and casualty (subject to the obligations of Tenant) excepted. All improvements to the Premises or the Office Complex made by either party shall remain upon and be surrendered with the Premises as a part thereof at the end of the Lease Term, except that if Tenant is not in default under this Lease, Tenant shall have the right to remove, prior to the expiration of the Lease Term, all movable furniture, furnishings and equipment installed in the Premises solely at the expense of Tenant. All damage and injury to the Premises or the Office Complex caused by such removal shall be repaired by Tenant, at Tenant's sole expense, or, at Landlord's option, Landlord may repair such damage at Tenant's expense, which shall be repaid to Landlord upon demand, with interest accruing until paid. If such property of Tenant is not removed by Tenant prior to the expiration or termination of this Lease, the same shall become the property of Landlord and shall be surrendered with the Premises as a part thereof. Notwithstanding any covenant or condition of this Article to the contrary, however, Landlord may require, in its sole discretion, that any or all improvements made by or on behalf of Tenant within or upon the Premises by removed upon the termination of this Lease Lease, or upon any default by Tenant’s right of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit Tenant hereby agrees to cause same to be removed and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlordbe restored, at Tenant’s 's sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removablesor, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after noticeat Landlord's option, Landlord may deem remove and restore the same at Tenant's expense, which shall be repaid to Landlord upon demand, together with any and all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or damages Landlord may dispose suffer or sustain by reason of Tenant’s Property in any manner Landlord deems appropriatethe failure of Tenant to remove the same.

Appears in 1 contract

Samples: Office Space Lease Agreement (Anc Rental Corp)

Surrender of Premises. At Upon the expiration or earlier termination of the Term of this Lease or Tenant’s right of possessionLease, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and peaceably quit and surrender to Landlord the Premises to Landlord, broom clean, and in substantially the same good order, condition and repair the Premises were in as receivedof the Commencement Date, together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease, excepting only ordinary wear and tear use and damage which Landlord is obligated to repair hereunder exceptedby fire, and other casualty and condemnation damagetaking by eminent domain, as to which Sections 16 and 17 shall controlfor which, under other provisions of this Lease, Tenant has no responsibility of repair or restoration. If In the event Tenant fails to remove changes any of Tenant’s Property or Required Removablesthe space in the Building to a non-office character Tenant shall, or at its own expense, restore said space to restore the Premises to the required condition an open-floor office lay-out as of the date of expiration or earlier termination of the Lease. Tenant shall return all keys to the Premises, remove all of the Tenant's Removable Property and, to the extent specified by Landlord at the time Landlord approves the plans for the same, all alterations and additions made by Tenant and all partitions wholly within the Premises(however, in no event shall Tenant be required to remove any alterations installed as part of its initial build-out); and shall repair any damages to the Premises or the Building caused by such installation or removal. Any of the Tenant's Removable Property which shall remain in the Building or on the Premises after the expiration or termination of the Term of this Lease and continues to remain there for five (5) days after notice thereof from Landlord shall conclusively be deemed to have been abandoned, and either may be retained by Landlord as its property or Tenant’s right to possession may be disposed of the Premises, Landlordin such manner as Landlord may see fit, at Tenant’s 's sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Genzyme Corp

Surrender of Premises. At Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrepair, ordinary reasonable wear and tear tear, permitted Alterations and damage which Landlord is obligated to repair hereunder by casualty or condemnation excepted, and casualty will surrender all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations of all locks, safes and condemnation damagevaults, as if any, that will be left by Tenant in the Premises or elsewhere on the Project. Tenant will at such time remove all of its property from the Premises and, unless Landlord then agrees to which Sections 16 and 17 shall controlthe contrary in writing, all Alterations that Tenant placed on the Premises that Landlord specified were to be removed at the end of the Term when Landlord approved their installation. Tenant will promptly repair any damage to the Premises caused by such removal. If Tenant fails does not surrender the Premises in accordance with this Section 17.1, Tenant releases and will indemnify, defend (with counsel reasonably acceptable to remove Landlord) protect and hold harmless the Landlord Parties from and against any of Claim resulting from Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of delay in so surrendering the Premises, Landlordincluding, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store ail of Tenant’s Property property from the Premises upon termination of this Lease and Required Removablesto cause its transportation and storage for Tenant’s benefit, as al! at the case may besole cost and risk of Tenant, and/or perform such restoration of and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto. Notwithstanding the Premises. Landlord foregoing, Tenant shall not be obligated to remove any of the tenant improvements completed prior to the Commencement Date; provided, however, Tenant shall be responsible for the valueremoving all data, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses telephone and storage charges incurred. If Tenant fails to remove Tenant’s Property any other telecommunication cabling from the Premises within three Business Days after the expiration or storageearlier termination of this Lease, within thirty (30) days after notice, Landlord may deem all and Tenant shall not be obligated to pay any Rent or any part of charges for such three Business Day period. Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property obligations under this Section 17.1 shall vest in Landlord survive the expiration or Landlord may dispose earlier termination of Tenant’s Property in any manner Landlord deems appropriatethis Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Everside Health Group, Inc.)

Surrender of Premises. At Upon the expiration or sooner termination of this the Lease Term, Tenant agrees to quit and surrender the Premises, broom-clean, in good condition and repair, reasonable use, wear and tear, natural deterioration and insured casualty excepted, together with all keys and combinations to locks, safes and vaults and all improvements, alterations, additions, signs, trade fixtures, lighting fixtures and equipment at any time made or installed in, upon or to the interior or exterior of the Premises, except personal property, all of which shall, at Landlord's option, then become the property of Landlord without any claim by Tenant’s right , but the surrender of possessionsuch property to Landlord shall not be deemed to be a payment of rent or in lieu of any rent reserved hereunder. Before surrendering the Premises, Tenant shall remove all of Tenant’s Property 's personal property and, at Landlord's option, Tenant shall also remove any alterations, additions, signs, trade fixtures and other fixtures, equipment and decorations at any and all Required Removables from time made or installed by Tenant in, upon or to the interior or exterior of the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated Tenant further agrees to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall controlany damage caused thereby. If Tenant fails shall fail to remove any of Tenant’s Property or Required Removables's said personal property and any alterations, additions, signs, trade fixtures and other fixtures, equipment and decorations demanded by Landlord to be removed, said property shall, at the option of Landlord, either be deemed abandoned and become the exclusive property of Landlord, or to restore Landlord shall have the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlordremove and store said property, at the expense of Tenant’s sole cost , without further notice to or demand upon Tenant and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be hold Tenant responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay any and all charges and expenses incurred by Landlord the expenses and storage charges incurredtherefor. If Tenant fails shall leave any of said property on the Premises with Landlord's consent, then Tenant shall have no further responsibilities with respect to remove Tenant’s Property said property. If the Premises be not surrendered as and when aforesaid and after Landlord shall have given to Tenant a three (3) day notice to quit, Tenant shall indemnify Landlord against all loss or liability resulting from the Premises delay by Tenant in so surrendering the same, including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligations under this Paragraph shall survive the expiration or storage, within thirty (30) days after notice, Landlord may deem all or any part sooner termination of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriatethe Lease Term.

Appears in 1 contract

Samples: Lease Agreement (Quad City Holdings Inc)

Surrender of Premises. At the termination No act by Landlord shall be deemed an acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good repair and condition, broom free of Hazardous Materials placed on the Premises during the Term, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation damageand Casualty damage not caused by Tenant, as to which Sections 16 14 and 17 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. If Provided that Tenant fails has performed all of its obligations hereunder, Tenant may remove only unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment) as Landlord may request; however, Tenant shall not be required to remove any of Tenant’s Property addition or Required Removables, or improvement to restore the Premises to or the required condition as of Project if Landlord has specifically agreed in writing that the date of termination of this Lease improvement or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall addition in question need not be responsible for the value, preservation or safekeeping of Tenant’s Propertyremoved. Tenant shall pay Landlord the expenses and storage charges incurredrepair all damage caused by such removal. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned andAll items not so removed shall, at Landlord’s 's option, title be deemed to Tenant’s Property have been 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. The provisions of this Section 21 shall vest in Landlord or Landlord may dispose survive the end of Tenant’s Property in any manner Landlord deems appropriatethe Term.

Appears in 1 contract

Samples: Lease Agreement (Taysha Gene Therapies, Inc.)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrepair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage which located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, 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 (“Special Installations”) provided that Landlord is obligated identifies such Special Installations by written notice to repair hereunder exceptedTenant at the time of Landlord’s approval of plans and specifications therefor; and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and casualty and condemnation damageat no cost to Landlord, as require Tenant to which Sections 16 and 17 shall controlleave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property or Required Removables, or (other than Special Installations which Landlord has designated to restore remain in the Premises to Premises) within 2 Business Days after the required condition as of the date of termination of this Lease or of Tenant’s right to possession of the Premisespossession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or and store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the PremisesRemovable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord and may dispose of such items in accordance with California law. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in any manner advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord deems appropriateto remain in the Premises as provided above) shall be removed by Tenant within 2 Business Days after the termination of this Lease. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Samples: Office Lease (Cardium Therapeutics, Inc.)

Surrender of Premises. At the expiration or termination of this Lease or the termination of Tenant’s right of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender immediately deliver to Landlord the Premises to Landlordwith all improvements located thereon in good repair and condition, broom clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty excepted (and condemnation damageand Casualty damage not caused by Tenant, as to which Sections 16 and 17 shall control), and shall deliver to Landlord all keys to the Premises and access cards to the Building. If Subject to any lien rights, security interest or other rights of Landlord in connection with an Event of Default, Tenant shall, at its sole cost, remove all trade fixtures, furniture, and personal property owned or otherwise placed in the Premises by Xxxxxx. Additionally, at Landlord’s request, Tenant shall, at its sole cost and expense, promptly remove from the Premises and the Building such alterations, additions, and improvements installed by or on behalf of Tenant. Tenant shall repair, at Tenant’s sole cost, all damage caused by any removal required hereunder. To the extent Tenant fails to perform the foregoing obligations in a timely manner, Landlord may, at Xxxxxxxx’s election, remove any of Tenantitems remaining and repair all damage caused thereby and Tenant shall pay the cost therefor. At Landlord’s Property or Required Removableselection, any items remaining shall be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to restore the Premises Tenant and without any obligation to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premisesaccount for such items, Landlord, all at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails vacates the Premises, Tenant shall be deemed to remove Tenant’s Property from have peacefully surrendered the Premises or storage, within thirty (30) days after notice, to Landlord notwithstanding that Tenant may deem all or any part have failed to fully perform its obligations under this Section. The provisions of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property this Section shall vest in Landlord or Landlord may dispose survive the end of Tenant’s Property in any manner Landlord deems appropriatethe Term.

Appears in 1 contract

Samples: Lease Agreement

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall remove Tenant’s Property will at once surrender possession and any and all Required Removables from vacate the Premises, and quit and surrender the Premises together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to Landlordremove pursuant to Section 8 hereof), broom clean, and to Landlord in the same order, good condition and repair as receivedrepair, ordinary wear and tear and damage casualty excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “ordinary wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If if Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore within thirty (30) days after the Premises to the required condition as of the date of termination of this Lease Lease, or Tenant’s right to possession of the Premiseshereunder, Landlord, at Tenant’s sole cost and expenseexpenses, shall be entitled (but not obligated) to remove and/or store such Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord the Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within thirty (30) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s Property to be have been abandoned and, at Landlord’s option, by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in Landlord or Landlord may dispose under this Lease as by a xxxx of Tenant’s Property in any manner Landlord deems appropriatesale.

Appears in 1 contract

Samples: Office Lease Agreement (Outdoor Channel Holdings Inc)

Surrender of Premises. At Upon termination or earlier expiration of this Lease, or upon the exercise by Landlord of Landlord’s right to re-enter the Premises without terminating this Lease, Tenant will deliver the Premises to Landlord in a condition comparable to the condition existing on the Commencement Date, ordinary wear, tear and obsolescence only excepted. Tenant will deliver to Landlord all keys for the Premises and combinations to safes located in the Premises. Tenant will, at Landlord’s option, remove, or cause to be removed, from the Premises or the Building, at Tenant’s expense and as of Expiration Date or earlier termination of this Lease or Lease, all of Tenant’s right signs, notices, displays, millwork, non-movable trade fixtures, or, subject to Subsection 8.3 of possessionthis Lease, any non-Building standard tenant improvements placed in the Premises or the Building. Tenant shall remove agrees to repair, at Tenant’s Property and expense, any and all Required Removables damage to the Premises or the Building resulting from the Premisesremoval of any articles of personal property, movable business or trade fixtures, machinery, equipment, furniture, movable partitions or non-Building standard tenant improvements, including without limitation, repairing the floor and quit patching and surrender painting the Premises to walls where reasonably required by Landlord, broom clean, and in . Tenant’s obligations under this Section 8.2 will survive the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall controlexpiration or earlier termination of this Lease. If Tenant fails to remove any item of Tenant’s Property property permitted or Required Removables, required to be removed at the expiration or to restore the Premises to the required condition as earlier termination of the date of termination of this Lease or Tenant’s right to possession of the PremisesTerm, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned andmay, at Landlord’s option, title (a) remove such property from the Premises at the expense of Tenant and sell or dispose of same in such manner as Landlord deems advisable, or (b) place such property in storage at the expense of Tenant. Any property of Tenant remaining in the Premises ten (10) days after the Expiration Date or earlier termination of this Lease will be deemed to have been abandoned by Tenant, and in such case such items may be retained by Landlord as Landlord’s property or disposed of by Landlord without accountability to Tenant’s Property shall vest , in such manner as Landlord or Landlord may dispose of determines, at Tenant’s Property in any manner Landlord deems appropriateexpense.

Appears in 1 contract

Samples: Office Building Lease (Heartland Payment Systems Inc)

Surrender of Premises. At Upon the termination of this Lease Lease, whether by forfeiture, lapse of time or Tenant’s right of possessionotherwise, Tenant shall remove Tenant’s Property and any and all Required Removables from or upon the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any termination of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s 's right to possession of the Premises, LandlordTenant will at once surrender and deliver up the Premises, at together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant’s sole cost , in writing, that Landlord will require Tenant not to remove, to Landlord in good condition and expenserepair (including, shall be entitled (but not obligatedlimited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove and/or store Tenant’s Property all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and Required Removablesother improvements unless Landlord requests, as in writing at the case may betime of Landlord's delivery of its consent to such installation, and/or perform that Tenant not remove some or all of such restoration fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is twenty (20) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant not be responsible for to remove from the value, preservation or safekeeping of Tenant’s PropertyPremises. Tenant shall pay Landlord repair any damage caused by the expenses installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and storage charges incurred. If Tenant fails improvements which are to remove Tenant’s Property be removed from the Premises or storage, within thirty by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (3020) days after noticeprior to such termination of this Lease, Landlord may deem then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, additions and other improvements (other than the Tenant Improvements) installed in or any part about the Premises by, or on behalf of Tenant’s Property . Tenant shall ensure that the removal of such items and the repair of the Premises will be completed prior to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose such termination of Tenant’s Property in any manner Landlord deems appropriatethis Lease.

Appears in 1 contract

Samples: Lease Agreement (Phase Metrics Inc)

Surrender of Premises. At LESSEE agrees to surrender to LESSOR, at the termination end of the Term of this Lease or Tenant’s right and/or upon any cancellation of possessionthis Lease, Tenant shall remove Tenant’s Property and any and all Required Removables from said Leased Premises in as good condition as said Leased Premises were at the Premises, and quit and surrender beginning of the Premises to Landlord, broom clean, and in the same order, condition and repair as receivedTerm of this Lease, ordinary wear and tear and damage which Landlord is obligated by fire or other casualty not caused by LESSEE'S negligence, excepted. LESSEE agrees that if LESSEE does not surrender said Leased Premises to repair LESSOR at the end of the term of this Lease, then LESSEE will pay to LESSOR two (2) times the monthly rent paid in the final month of LESSEE'S term hereunder exceptedfor each month that LESSEE holds over; (in addition, LESSEE shall pay all damages that LESSOR may suffer on account of LESSEE'S failure to so surrender to LESSOR possession of said Leased Premises, and casualty will indemnify and condemnation damage, as to which Sections 16 save LESSOR harmless from and 17 shall control. If Tenant fails to remove any against all claims made by a succeeding tenant of Tenant’s Property or Required Removables, or to restore the said Leased Premises against LESSOR on account of delay of LESSOR in delivering possession of said Leased Premises to the required condition said succeeding tenants so far as such delay is occasioned by failure of the date LESSEE to so surrender said Leased Premises in accordance herewith or otherwise.) No receipt of money by LESSOR from LESSEE after termination of this Lease or Tenant’s right to the service of any notice of commencement of any suit of final judgment for possession shall reinstate, continue or extend the term of this Lease or affect any such notice, demand, suit or judgment. No act or thing done by LESSOR or its agents during the term hereby granted shall be deemed an acceptance of a surrender of the Premises, Landlord, at Tenant’s sole cost Leased Premises and expense, no agreement to accept a surrender of the Leased Premises shall be entitled (but not obligated) to remove and/or store Tenant’s Property valid unless it be made in writing and Required Removables, as the case may be, and/or perform such restoration subscribed by a duly authorized officer or agent of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateLESSOR.

Appears in 1 contract

Samples: Lease Agreement (Amcomp Inc /Fl)

Surrender of Premises. At Upon the termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required RemovablesPremises under this Lease, as the case may be, and/or perform by expiration or otherwise, Tenant shall surrender the Premises to Landlord in as good condition and repair as when delivered by Landlord, ordinary wear and tear and damage by insured fire and other insured casualty only excepted. To the extent required by Prime Landlord or Landlord, all alterations, additions, improvements and decorations made to the Premises by Tenant shall be removed by Tenant at the expiration or sooner termination of this Lease; provided, however, that if Prime Landlord does not require such restoration of the Premises. removal then Landlord shall not be responsible for the valuerequire such removal. All alterations, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses additions, improvements and storage charges incurred. If Tenant fails decorations made to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to by Tenant that are not removed by Tenant as required herein shall be deemed abandoned and, at Landlord’s option, title become the property of Landlord, but without prejudice to Landlord’s continuing right to require Tenant to remove the same at Tenant’s Property expense. Any trade fixtures, equipment and personal property not removed by Tenant on or prior to any such termination date shall vest in be deemed abandoned and shall, at Landlord’s option, become the property of Landlord, but without prejudice to Landlord’s continuing right to require Tenant to remove the same at Tenant’s expense. The obligations of Tenant under this Section shall survive the expiration or early termination of this Lease or Tenant’s right to possession of the Premises under this Lease, as the case may be. Tenant shall not be required to remove any alterations, decorations, additions, or improvements performed by Landlord or existing prior to the Commencement Date or any Hazardous Materials existing prior to the Commencement Date; provided, however, if Landlord may dispose is required under or pursuant to the terms of the Prime Lease to remove any such alterations, decorations, additions, or improvements performed prior to the Commencement Date, Tenant shall permit Landlord to enter the Premises upon reasonable prior notice for a reasonable period of time (but in no event earlier than thirty (30) days) prior to the Termination Date for the purpose of removing such alterations, decorations, additions, or improvements; provided, however, that any such entry and removal by Landlord hereunder shall (i) be coordinated with Tenant (and Landlord and Tenant shall reasonably cooperate in connection therewith), and (ii) be conducted in such a manner so as not to materially interfere with or disrupt Tenant’s Property in any manner Landlord deems appropriateuse of, or business operations at, the Premises.

Appears in 1 contract

Samples: Office Sublease (Ooma Inc)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease Lease, Tenant shall deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term (or Tenant’s right 's pre-Term occupancy period), broom-clean, reasonable wear and tear excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of possessionits obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Tenant will remove all of its exterior signage from the Building. Additionally, at Landlord's option, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premisessuch alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and quit and surrender the furniture (including Tenant's Off-Premises to LandlordEquipment) as Landlord may request; however, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 Tenant shall control. If Tenant fails not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal, including any damage caused by the removal of Tenant’s Property or Required Removablesthe exterior signage. 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 without notice to restore the Premises Tenant and without any obligation to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform account for such restoration of the Premises. Landlord items; any such disposition shall not be responsible for considered a strict foreclosure or other exercise of Landlord's rights in respect of the value, preservation or safekeeping security interest granted under Section 20. The provisions of Tenant’s Property. Tenant shall pay Landlord this Section 21shall survive the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from end of the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateTerm.

Appears in 1 contract

Samples: Lease Agreement (Cirtran Corp)

Surrender of Premises. At the termination No act by Landlord shall be deemed an acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good condition, broom free of Hazardous Materials placed on .the Premises during the Term in violation of Laws, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation and Casualty damage, as to which Sections 16 14 and 17 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. If Tenant fails may remove all trade fIXtures, furniture, and personal property placed in the Premises or elsewhere in the Buildings by Tenant (but Tenant may not remove any wiring or cabling unless Landlord requires such removal). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment) as Landlord designated in writing for removal as part of or in connection with Landlord's approval of any applicable plans (including, without limitation, Tenant's Working Drawings, as set forth in Exhibit D and/or Exhibit J attached hereto (but Landlord shall not unreasonably require removal of customary office fIXtures and improvements)); however, Tenant shall not be required to remove any of Tenant’s Property additions, fIXtures or Required Removablesimprovements to the Premises or the Complex if Landlord has not specifically elected in writing that the improvement or addition in question needs to be removed. Tenant shall 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 without notice to restore the Premises Tenant and without any obligation to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform account for such restoration of the Premises. Landlord items; any such disposition shall not be responsible for considered a strict foreclosure or other exercise of Landlord's rights in respect of the value, preservation or safekeeping security interest granted under Section 20. The provisions of Tenant’s Property. Tenant this Section 21 shall pay Landlord survive the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from end of the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateTerm.

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall remove Tenant’s Property will at once surrender possession and any and all Required Removables from vacate the Premises, and quit and surrender the Premises together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to Landlordremove pursuant to Section 8 hereof), broom clean, and to Landlord in the same order, good condition and repair as receivedrepair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and damage tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If if Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore within one (1) day after the Premises to the required condition as of the date of termination of this Lease Lease, or Tenant’s right to possession of the Premiseshereunder, Landlord, at Tenant’s sole cost and expenseexpenses, shall be entitled (but not obligated) to remove and/or store such Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord the Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within thirty ten (3010) business days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s Property to be have been abandoned and, at Landlord’s option, by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in Landlord or Landlord may dispose under this Lease as by a xxxx of Tenant’s Property in any manner Landlord deems appropriatesale.

Appears in 1 contract

Samples: Office Lease Agreement (Wageworks, Inc.)

Surrender of Premises. At the expiration or earlier termination of this Lease or Tenant’s 's right of possession, Tenant shall remove Tenant’s 's Property and any and all Required Removables (defined in Article XV) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same as good order, condition and repair as receivedreceived by Tenant (except with respect to any repairs, replacements or Alterations performed by Landlord or Tenant, or on behalf of Tenant, during the Term of this Lease which repairs, replacements or Alterations are in better order, condition or repair as of the date received by Tenant, which repairs, replacements or Alterations shall be surrendered to Landlord in good order, condition and repair), ordinary wear and tear and damage by fire or other casualty for which Landlord is obligated required to repair make repairs hereunder excepted, and casualty and condemnation damage, as . Tenant shall also be required to which Sections 16 and 17 shall controlremove the Required Removables in accordance with Article VIII. If Tenant fails to remove any of Tenant’s 's Property or Required Removables, or to restore within 2 days after the Premises to the required condition as of the date of termination of this Lease or of Tenant’s 's right to possession of the Premisespossession, Landlord, at Tenant’s 's sole cost and expense, shall be entitled (but not obligated) to remove and/or and store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises's Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s 's Property. Tenant shall pay Landlord Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant's Property. If In addition, if Tenant fails to remove Tenant’s 's Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s 's Property to be abandoned andabandoned, at Landlord’s option, and title to Tenant’s 's Property shall vest be deemed to be immediately vested in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateLandlord.

Appears in 1 contract

Samples: Office Lease Agreement (Ziprealty Inc)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property and any and all Required Removables (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrepair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage which located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, 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 (“Special Installations”); and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord is obligated may, in Landlord’s sole discretion and at no cost to repair hereunder exceptedLandlord, and casualty and condemnation damage, as require Tenant to which Sections 16 and 17 shall controlleave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property or Required Removables, or (other than Special Installations which Landlord has designated to restore remain in the Premises to Premises) within 2 days after the required condition as of the date of termination of this Lease or of Tenant’s right to possession of the Premisespossession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or and store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the PremisesRemovable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord Landlord, within ten (10) days after written demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned andabandoned, at Landlord’s option, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or Landlord may dispose before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Property in any manner Landlord deems appropriateRemovable Property.

Appears in 1 contract

Samples: Office Lease (Wells Real Estate Fund Ii)

Surrender of Premises. At Upon the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of possessionthe Lease, Tenant shall remove Tenant’s Property will at once surrender possession and any and all Required Removables from vacate the Premises, and quit and surrender the Premises together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to Landlordremove pursuant to Section 8 hereof), broom clean, and to Landlord in the same order, good condition and repair as receivedrepair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and damage tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Landlord Tenant is obligated permitted to repair hereunder exceptedleave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If if Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore within five (5) day after the Premises to the required condition as of the date of termination of this Lease Lease, or Tenant’s right to possession of the Premiseshereunder, Landlord, at Tenant’s sole cost and expenseexpenses, shall be entitled (but not obligated) to remove and/or store such Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be in no event be responsible for the value, preservation or safekeeping of Tenant’s Propertythereof. Tenant shall pay Landlord the Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges incurredagainst such property so long as the same shall be in possession of Landlord or under the control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within thirty ten (3010) days after noticewritten notice from Landlord, Landlord Landlord, at its option, may deem all or any part of such Tenant’s Property to be have been abandoned and, at Landlord’s option, by Tenant and title thereof shall immediately pass to Tenant’s Property shall vest in Landlord or Landlord may dispose under this Lease as by a xxxx of Tenant’s Property in any manner Landlord deems appropriatesale.

Appears in 1 contract

Samples: Office Lease Agreement (Quest Resource Corp)

Surrender of Premises. At (a) Upon the termination of this Lease or Tenant’s right of possessionLease, Tenant shall remove Tenant’s Property surrender and any and all Required Removables from the Premises, and quit and surrender vacate the Premises (including, without limitation, as to Landlord, broom Roof Equipment and signage) immediately and deliver possession thereof to Landlord in a clean, good and in the same order, condition and repair as receivedtenantable condition, ordinary wear and tear tear, acts of God, casualties, condemnation, Hazardous Materials (other than those released by Tenant), Tenant Additions or other improvements which Tenant is not required to remove at the termination of the Lease and damage which caused by Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 . Under no condition shall control. If Tenant fails be required to remove any of the initial Tenant Improvements constructed in the Premises. Tenant shall deliver to Landlord all keys to the Premises and the Building. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s Property 's trade fixtures. Tenant shall be entitled to remove such Tenant Additions, which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Materials. Tenant immediately shall repair all damage resulting from removal of any of Tenant's property, furnishings or Required RemovablesTenant Additions, or to shall close all floor, ceiling and roof openings and shall restore the Premises and the Building. 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 required condition as of the date of termination commencement of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removablestheir installation, as the case may be. In the event Tenant shall fail to remove those item described above, and/or perform such restoration of the Premises. Landlord may (but shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned andobligated to), at Landlord’s optionTenant's expense, title to Tenant’s Property shall vest in Landlord remove any of such property and store, sell, or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateotherwise deal with such property as provided by law.

Appears in 1 contract

Samples: Office Lease (Doubletwist Inc)

Surrender of Premises. At the termination No act by Landlord shall be deemed an acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good repair and condition, broom free of Hazardous Materials placed on the Premises during the Term, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation and Casualty damage, as to which Sections 16 Section 14 and 17 Section 15 shall control. If Tenant fails ) excepted, and shall deliver to remove any of Tenant’s Property or Required Removables, or Landlord all keys to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the valueProvided that Tenant has performed all of its obligations hereunder, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses may remove all unattached trade fixtures, furniture, and storage charges incurred. If Tenant fails to remove Tenant’s Property from personal property placed in the Premises or storageelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, within thirty (30) days after noticein whole or in part, by Landlord may deem all or any part of Tenant’s Property to be abandoned andwiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, title to Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Property shall vest in Landlord or Off-Premises Equipment) as Landlord may dispose request. Tenant shall repair all damage caused by such removal. Notwithstanding the foregoing, Tenant shall only be required to remove cabling or wiring installed to serve the Premises if Tenant does not remove the existing cabling and wiring which is located in the Premises on the date of the Lease. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 25 by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s Property cost without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in any manner Landlord deems appropriaterespect of the security interest granted under Section 20. The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Radiant Systems Inc)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or earlier termination of this Lease or Tenant’s right of possession, Tenant shall remove Tenant’s Removable Property and any and all Required Removables (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition and repair as receivedrepair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage which located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, 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 (“Special Installations”); and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord is obligated may, in Landlord’s sole discretion and at no cost to repair hereunder exceptedLandlord, and casualty and condemnation damage, as require Tenant to which Sections 16 and 17 shall controlleave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property or Required Removables, or (other than Special Installations which Landlord has designated to restore remain in the Premises to Premises) within 2 days after the required condition as of the date of termination of this Lease or of Tenant’s right to possession of the Premisespossession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or and store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the PremisesRemovable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord Landlord, upon demand, the expenses and storage charges incurredincurred for Tenant’s Removable Property. If To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned andabandoned, at Landlord’s option, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall vest be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or Landlord may dispose before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Property in any manner Landlord deems appropriateRemovable Property.

Appears in 1 contract

Samples: Office Lease (FusionStorm Global, Inc.)

Surrender of Premises. At the termination No act by Landlord shall be deemed an ----------------------- acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good repair and condition, broom free of Hazardous Substances placed on the Premises by Tenant or a Tenant Party during the Term, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation and Casualty damage, as to which Sections 16 12 and 17 13 shall control) excepted, and shall deliver to Landlord all keys to the Premises. If Provided that there is no then-existing Event of Default hereunder, Tenant fails may, prior to the end of the Term, remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant. Additionally, at Landlord's option, Tenant shall, prior to the end of the Term, remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture (excluding Tenant's initial fit-up of the Premises) as Landlord may request; however, Tenant shall not be required to remove any of Tenant’s Property addition or Required Removables, or improvement to restore the Premises if Landlord has specifically agreed in writing at the time such improvement was installed that the improvement or addition in question need not be removed at the end of the Term. Tenant shall repair all damage caused by such removal prior to the required condition as of the date of expiration or sooner termination of this Lease or Lease. All items not so removed shall within five (5) business days of Tenant’s right to possession 's receipt of the Premises, Landlordnotice regarding such items, at Tenant’s sole cost Landlord's option, be deemed to have been abandoned by Tenant and expensemay be appropriated, shall be entitled (but not obligated) sold, stored, destroyed, or otherwise disposed of by Landlord without notice to remove and/or store Tenant’s Property Tenant and Required Removables, as the case may be, and/or perform without any obligation to account for such restoration of the Premises. Landlord items; any such disposition shall not be responsible for considered a strict foreclosure. The provisions of this Section 18 shall survive the value, preservation or safekeeping end of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateTerm.

Appears in 1 contract

Samples: Lease Agreement (Dset Corp)

Surrender of Premises. At Upon expiration of the termination of this Lease or Tenant’s right of possessionterm, Tenant Xxxxxx shall remove Tenant’s Property and any surrender to Landlord the Premises and all Required Removables from the PremisesTenant improvements and alterations in good condition, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, except for ordinary wear and tear and damage which Landlord alterations Tenant has the right or is obligated to repair hereunder exceptedremove under the provisions of Section 14 herein. Tenant shall remove all personal property including, without limitation, wallpaper, paneling and other decorative improvements or trade 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 their condition prior to the commencement of this Lease. Landlord can elect to retain or dispose of in any manner Xxxxxx'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 be liable to Landlord for Landlord's cost for storage, removal or disposal of Tenant's personal property. Landlord acknowledges that Tenant will be installing certain trade fixtures unique to Tenant's business in the Premises, and casualty and condemnation damage, as to which Sections 16 and 17 that Tenant shall control. If Tenant fails be entitled to remove the same from the Premises (provided Tenant repairs any of Tenant’s Property or Required Removables, or to restore damage caused by such removal and restores the Premises to the required condition as existing prior to installation of such trade fixture). Tenant acknowledges that fixtures necessary for the function and/or use of the date of termination of this Lease or Tenant’s right to possession of Premises for the Premisespurpose intended by Landlord (e.g., LandlordHVAC, at Tenant’s sole cost and expensefire suppression equipment, deionized water systems, etc.) must be left in the Premises unless Landlord requires their removal. Tenant shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removablesask Xxxxxxxx in writing to confirm that certain trade fixtures installed by Tenant may be removed by Xxxxxx and, as the case may beif so asked, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails Xxxxxxxx agrees to remove Tenant’s Property from the Premises or storage, response within thirty (30) days after notice, Landlord as to whether the same may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateremoved by Xxxxxx from the Premises.

Appears in 1 contract

Samples: Basic Lease Terms (Cellcyte Genetics Corp)

Surrender of Premises. At the termination No act by Landlord shall be deemed an acceptance of this Lease or Tenant’s right a surrender of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to LandlordLandlord the Premises with all improvements located therein in good repair and condition, broom free of Hazardous Materials placed on the Premises during the Term, broom-clean, and in the same order, condition and repair as received, ordinary reasonable wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty (and condemnation damageand Casualty damage not caused by Tenant, as to which Sections 16 14 and 17 15 shall control. If Tenant fails ) excepted, and shall deliver to remove any of Tenant’s Property or Required Removables, or Landlord all keys to restore the Premises to the required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the valueProvided that Xxxxxx has performed all of its obligations hereunder, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses may remove all unattached trade fixtures, furniture, and storage charges incurred. If Tenant fails to remove Tenant’s Property from personal property placed in the Premises or storageelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, within thirty (30) days after noticein whole or in part, by Landlord may deem all or any part of Tenant’s Property to be abandoned andwiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, title to Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Property shall vest in Landlord or Off Premises Equipment) as Landlord may dispose request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall 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 Tenantby Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s Property rights in any manner Landlord deems appropriaterespect of the security interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Akoustis Technologies, Inc.)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to Landlord the Premises with all improvements located therein in good repair and condition, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Articles 12 and 13 shall control) excepted, and shall deliver to Landlord all keys to the Premises. 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, and shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, and furniture as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall be deemed to have been 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. The provisions of this Article 17 shall survive the end of the Term. Landlord acknowledges that Tenant may be required by applicable Laws to give its customers a minimum of ninety (90) days notice (a "Customer Closing Notice") before closing its business operation at the Premises. If Tenant is required to provide a Customer Closing Notice, then, notwithstanding anything contained herein to the contrary, except to the extent otherwise required by any Laws, Landlord and Tenant agree that any termination of this Lease or Tenant’s right any dispossession of possessionTenant from the Premises by Landlord prior to the expiration of this Lease shall be effective on the date that is later to occur of the following: (i) the effective date of such termination or dispossession as set forth in a written notice from Landlord (a "Termination Notice"); and (ii) the earlier to occur of (a) the date that is one hundred (100) days after the date Tenant receives such a Termination Notice from Landlord, and (b) the last day of the then effective Term (which for purposes of this Article 17 shall include any Renewal Term only if Tenant has effectively exercised its Renewal Option and the Renewal Term has commenced); provided, however, that unless, within five (5) business days after receipt of a Termination Notice, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which deposits with Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises Rent equal to the required condition as amount of Rent which would be due between the effective date set forth in such Termination Notice and the date which is one hundred (100) days after the date of termination of this Lease or Tenant’s right to possession of the PremisesTermination Notice, Landlord, at Tenant’s sole cost and expense, such failure shall be entitled (deemed to be an Event of Default and Tenant shall be deemed to be holding over and shall be subject to rights and remedies of Landlord including, but not obligated) to remove and/or store Tenant’s Property and Required Removableslimited to, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest those set forth in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriateArticle 18 hereof.

Appears in 1 contract

Samples: Lease Agreement (Privatebancorp Inc)

Surrender of Premises. At Any alterations, improvements or additions to --------------------- the Leased Premises made in accordance with Landlord's Work, as same may have been modified from time to time throughout construction of the Leased Premises shall remain upon the Leased Premises at the expiration or earlier termination of this Lease and shall become the property of Landlord. Any alterations, improvements or Tenant’s right of possession, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises additions to the required condition as Leased Premises made after substantial completion of the date of Leased Premises shall remain upon the Leased Premises at the expiration or earlier termination of this Lease or Tenant’s right to possession and shall become the property of the PremisesLandlord, unless, Landlord, at the time of Landlord's approval of plans for same, shall have given written notice to Tenant to remove such alterations, improvements and additions. In such event, Tenant shall repair any damage caused by the removal (including, without limitation, repairing and patching holes, replacing ceiling, floor and wall surfaces and repainting), and restore the Leased Premises to substantially the same condition in which it existed prior to the time that any such alterations, improvements or additions were made. Should Tenant fail to remove any such alterations, improvements or additions or to repair such damage when required by Landlord so to do pursuant to this Section 17, Landlord may do so, and the reasonable cost and expense thereof shall be paid by Tenant to Landlord as Additional Rent. Any personal property which shall remain in the Leased Premises or any part thereof after the expiration or earlier termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as Landlord's property or may be disposed of in such manner as Landlord may see fit, provided that notwithstanding the foregoing Tenant shall, upon request of Landlord made no later then ten (10) days after the expiration or earlier termination of this Lease, promptly remove from the Building any such personal property at Tenant’s sole 's own cost and expense, shall be entitled (but not obligated) . Should Tenant fail so to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after noticedo, Landlord may deem all do so, and the reasonable cost and expense thereof shall be paid by Tenant to Landlord as Additional Rent. If such personal property or any part of Tenant’s Property to thereof shall be abandoned andsold by Landlord, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose receive and retain the proceeds of Tenant’s Property such sale(s) as are necessary to reimburse Landlord for its expenses in any manner Landlord deems appropriateconnection with the disposal of such personal property, with the remainder, if any, being delivered to Tenant forthwith. The covenants contained in this Section 17 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Collagenex Pharmaceuticals Inc

Surrender of Premises. At By taking possession of the Premises, subject to Landlord’s performance of its obligations under Section 7, Tenant shall be deemed to have accepted the Premises and the Property in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. On the Expiration Date or earlier termination of this Lease or Tenant’s right of possessionLease, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender the Premises to LandlordLandlord in its condition as of the Commencement Date, broom clean, and in the same order, condition and repair as received, ordinary normal wear and tear excepted. Tenant shall remove from the Premises all of Tenant’s Personal Property and any Alterations required to be removed pursuant to Section 9 of this Lease. Tenant shall repair any damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall controlor perform any restoration work required by the removal. If Tenant fails to timely remove any Personal Property or Alterations as aforesaid, Landlord may remove the property and store and/or dispose of the same at Tenant’s Property or Required Removablesexpense, or to restore including interest at the Interest Rate. If the Premises to are not so surrendered at the required condition as of the date of termination of this Lease or Tenant’s right to possession of Lease, Tenant shall indemnify Landlord against all Claims resulting from delay by Tenant in so surrendering the Premises, Landlordincluding, at Tenant’s sole cost without limitation, any claims made by any succeeding tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property attorneys’ fees and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Propertycosts. Tenant shall pay give written notice to Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within at least thirty (30) days after notice, prior to vacating the Premises and shall meet with Landlord may deem all or any part for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s Property failure to be abandoned andgive such notice or participate in such joint inspection, at Landlord’s option, title to inspection at or after Tenant’s Property vacating the Premises shall vest in Landlord or Landlord may dispose conclusively be deemed correct for purposes of determining Tenant’s Property in any manner Landlord deems appropriateresponsibility for removal of Alterations and repairs and restoration of the Premises.]

Appears in 1 contract

Samples: Sublease Agreement (Thermage Inc)

Surrender of Premises. At Upon the expiration of the Term, or sooner termination of this Lease or Tenant’s right of possessionLease, Tenant shall remove Tenant’s Property and any and all Required Removables from the Premises, and quit and surrender to Landlord the Premises to LandlordPremises, broom clean, and in as good or better condition than existed at the same orderdate possession was delivered to Tenant, condition and repair as received, ordinary normal wear and tear and damage which Landlord is obligated to repair hereunder by fire or other casualty or by condemnation excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises prior to the required condition as of the date of expiration or sooner termination of this Lease or Tenant shall remove from the Premises any Alterations that Tenant is required by Landlord to remove under the provisions of this Lease, and all of Tenant’s right furniture, equipment and other personal property (including, without limitation, all voice and data and other wiring and cabling installed after the Commencement Date) and trade fixtures. Any property not removed shall be deemed to possession have been abandoned by Tenant and may be retained or disposed of the Premises, Landlord, by Landlord at Tenant’s sole cost expense free of any and expenseall claims of Tenant, as Landlord shall desire. All property not removed from the Premises by Tenant may be entitled (but not obligated) to remove and/or store handled or stored by Landlord at Tenant’s Property expense and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible liable for the value, preservation or safekeeping thereof. At Landlord’s option all or part of such property may be conclusively deemed to have been conveyed by Tenant to Landlord as if by xxxx of sale without payment by Landlord. Neither the provisions of this Article 14 nor any other provision of this Lease shall impose upon Landlord any obligation to care for or preserve any of Tenant’s Property. property left upon the Premises, and Tenant shall pay hereby waives and releases Landlord from any claim or liability in connection with the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property removal of such property from the Premises and the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to such release. Tenant hereby waives to the maximum extent allowable the benefit of all laws now or storage, within thirty (30) days after notice, Landlord may deem all hereafter in force in this state or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord elsewhere exempting property from liability for rent or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriatefor debt.

Appears in 1 contract

Samples: Office Lease (Conceptus Inc)

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