Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.
Appears in 3 contracts
Samples: Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc)
Surrender of Premises. Upon On the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the LeaseExpiration Date, Tenant will at once shall quit and surrender possession and vacate the Premises, Demised Premises together with all Leasehold Improvements alterations, fixtures (except those Leasehold Improvements trade fixtures, it being understood that, if Tenant is required removes trade fixtures, Tenant shall exercise reasonable care in doing so, and the Demised Premises shall be restored to remove pursuant the condition it was in prior to Section 8 hereofthe installation of the trade fixtures, reasonable wear and tear excepted), to Landlord installations, additions and improvements which may have been made in, annexed or otherwise attached thereto, broom clean, and in good condition and repair, ordinary wear and tear excepted; conditions existing because , and except for damage by fire or other casualty which Landlord is required to repair hereunder, unless Landlord provides otherwise in writing. Any personal property 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 locksany subtenant or occupant, which Tenant is permitted to leave shall remain in or on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day Demised Premises after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost Lease and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property , subtenant or occupant from the Demised Premises, may, at the option of Landlord and without notice, be deemed to have been abandoned by such Tenant, subtenant occupant, and may either be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. Tenant and title thereof shall immediately pass reimburse Landlord for any cost or expense incurred by Landlord in carrying out the foregoing which obligation shall survive the Expiration Date. Landlord shall not be responsible for any loss or damage occurring to Landlord under this Lease as any such property owned by a bxxx of saleTenant or any subtenant or occupant.
Appears in 2 contracts
Samples: Lease (Genta Incorporated /De/), Lease Agreement (Genta Incorporated /De/)
Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s 's right to of possession without termination of the Leasehereunder, Tenant will at once surrender possession and vacate shall remove all Tenant's Property from the Premises, together with remove all Leasehold Improvements (except those Leasehold Improvements Tenant is required Required Removables designated by Landlord and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s 's Property within one five (15) day days after the termination of this Lease, Lease or Tenant’s 's right to possession hereunder, Landlord, at Tenant’s 's sole cost and expensesexpense, shall be entitled to remove and/or store such Tenant’s 's Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in the possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s 's Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s 's Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleLandlord.
Appears in 2 contracts
Samples: Office Lease (Acacia Research Corp), Sublease (Acacia Research Corp)
Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted; conditions existing because of . Tenant shall, at Tenant’s failure to perform maintenancesole cost, 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 Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the upon termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal of Tenant’s furniture, furnishings, movable partitions of less than full height from floor to ceiling and all storage charges against such other trade fixtures and personal property (collectively, “Personalty”). Personalty not so long as the same removed shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been deemed abandoned by Tenant and title thereof to the same shall immediately thereupon pass to Landlord under this Lease as by a bxxx of sale, but Tenant shall remain responsible for the cost of removal and disposal of such Personalty, as well as any damage caused by such removal. At or 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 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 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 Section 31 beyond the term hereof, shall constitute unlawful and illegal possession of Premises under Section 20 hereof.
Appears in 2 contracts
Samples: Office Lease (NovaRay Medical, Inc.), Office Lease (Cepheid)
Surrender of Premises. Upon (a) At the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once shall peaceably surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord Premises in good broom clean condition and repairgood order and repair and otherwise in the same condition as the Premises was upon the commencement of this Lease.
(b) If Landlord elects to require that alterations, ordinary wear additions, improvements, changes, affixations of chattels, or other work made or performed by Tenant to the Premises be removed at the termination of this Lease, Tenant hereby agrees to cause the same to be removed at its sole cost and tear excepted; conditions existing because expense in accordance with the terms of Tenant’s failure to perform maintenance, repairs or replacements as required Section 11 of Tenant under this Lease shall not be deemed “reasonable wear and tearLease.”
(c) Tenant shall surrender to Landlord all keys to for the Premises and make known to shall notify Landlord the explanation in writing of all combination combinations of locks, which Tenant is permitted to leave on safes, and vaults, if any, in the Premises. Subject to .
(d) At the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the expiration or earlier termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost Tenant shall immediately remove all property which it owns and expenses, shall be entitled is permitted to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storageunder the provisions of this Lease, as the case may beand, within ten (10) days after written notice from Landlordfailing to do so, Landlord, Landlord at its optionoption may cause that property to be removed at the risk and expense of Tenant (both as to loss and damage), may deem and Tenant hereby agrees to pay all reasonable costs and expenses incurred thereby, including sums paid to store the property elsewhere, the cost of any repairs to the Premises caused by the removal of the property and the costs of disposing of the property as garbage.
(e) Tenant's obligation to observe and perform the covenants set forth in this Section shall survive the expiration or any part earlier termination of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleLease.
Appears in 2 contracts
Samples: Lease Agreement, Lease and Easement Agreement
Surrender of Premises. Upon Except in the terminationcase of condemnation described in subsection 12(a), whether by lapse of time at the expiration or otherwise, or upon any termination of Tenant’s right to possession without sooner termination of the term of this Lease, Tenant will at once shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession and vacate the Premisesthereto under this Lease, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary reasonable wear and tear excepted; conditions existing because , and shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of Tenant’s failure to perform maintenancerent and shall inform Landlord of all combinations on locks, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear safes and tear.” 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 all keys to at the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination end term of this Lease, or Tenant’s right then Tenant will pay to possession hereunder, Landlord, at Tenant’s sole cost and expensesto the extent permitted by law, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible one hundred fifty percent (150%) of the amount of the rent paid by Tenant for the valuelast full month of the term for each month or portion thereof that Tenant holds over, preservation or safekeeping thereofunless such holdover is expressly permitted in advance by Landlord in writing. Furthermore, at all times, Tenant shall pay indemnify Landlord, upon 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 the service of any notice of commencement of any suit or final judgment for possession shall reinstate, continue or extend the term of this Lease or affect any such Notice, demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord suit or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salejudgment.
Appears in 2 contracts
Samples: Lease Agreement (Kellstrom Industries Inc), Lease (Aviation Sales Co)
Surrender of Premises. Upon the termination, whether by lapse of time (a) On expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once shall surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord the Premises in as good condition and repairas the Premises existed at the initial commencement dates thereof by Tenant, ordinary wear and tear and damage by the elements excepted; conditions existing because . Tenant shall perform all restoration made necessary by the removal of Tenant’s personal property and any alterations, additions, improvements, installations and business trade fixtures prior to the expiration or termination of this Lease. Tenant shall remove all trash and rubbish and leave the Premises in a broom cleaned and sanitary condition. Tenant shall return the keys to Landlord on or before the expiration or termination of this Lease by overnight mail/courier requiring signature of the recipient. Notwithstanding any other provision in this Lease to the contrary, in no event shall Tenant be required to remove any improvements from the Premises that were constructed for or on behalf of Tenant by Landlord, except as may be provided in Article 13 with respect to alterations which Landlord is entitled to require Tenant to remove provided Landlord notifies Tenant in writing of such removal requirement as provided in such Article 13.
(b) If Tenant fails to surrender the Premises to Landlord on the expiration or termination of this Lease as required by above, Tenant shall hold Landlord harmless from all damages resulting from 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 locksother than consequential, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, incidental or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salesimilar damages arising therefrom.
Appears in 2 contracts
Samples: Standard Industrial Lease Agreement, Standard Industrial Lease (Wells Real Estate Investment Trust Ii Inc)
Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of this --------------------- Lease or Tenant’s 's right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove Tenant's Property from the Premises, together Equipment Space and Risers, and quit and surrender the Premises, Equipment Space and the Risers (using Landlord's specified contractor to perform any such work affecting the Risers) to Landlord, broom clean, and in good order, condition and repair and in compliance with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repairapplicable laws, 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 any such work will 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 Tenant is permitted to leave on the Premisesperformed in accordance with Article 8 above. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to so remove any of Tenant’s 's Property within one (1) day after prior to the termination of this Lease, Lease or of Tenant’s 's right to possession hereunderpossession, Landlord, at Tenant’s 's sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or and store such Tenant’s Property 's Property, Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant's Property. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of LandlordTenant's Property. In addition, if Tenant fails to remove any Tenant’s 's Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from LandlordNotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s 's Property to have been abandoned by Tenant be abandoned, and title thereof to Tenant's Property shall be deemed to be immediately pass to Landlord under this Lease as by a bxxx of salevested in Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
Surrender of Premises. Upon On expiration of the termination, whether by lapse term of time this Lease or otherwise, any extension thereof or upon any earlier termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once Lessee shall surrender possession to Lessor the Premises and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord Lessee's Alterations in good condition and repair, (except for ordinary wear and tear excepted; conditions existing because tear) unless Lessor has required Lessee to remove its Alterations. The surrender of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not the Premises will only be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord have occurred when Lessee delivers all keys to the Premises to Lessor, or reimburses Lessor a reasonable amount for any lost or stolen keys. Lessee shall remove all of its personal property, equipment and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject trade fixtures prior to the Landlord’s rights under Section 23 hereof, if Tenant expiration of the term of this Lease or any extension thereof or upon the earlier termination of this Lease. Lessee shall perform at its expense all restoration and repairs made necessary by the removal of any Alterations and equipment as required by this Lease and any other agreements between Lessor and Lessee. In the event Lessee fails to remove any all of Tenant’s Property within one (1) day after its equipment and personal property following the expiration or earlier termination of this Lease, in addition to any other remedies Lessor may have, Lessor may elect to retain or Tenantdispose of said personal property and equipment in any manner Lessor in its sole discretion may decide. Without waiving any other remedy, Lessor shall if it so elects to by written notice to Lessee (and if permitted by Applicable Laws) obtain title to any or all of Lessee’s right equipment and personal property and retain or dispose of the same. Lessee waives all claims against Lessor for any damage to possession hereunderLessee resulting from Lessor’s retention or disposition of any such personal property. Lessee shall also be liable to Lessor for Lessor’s costs for storing, Landlordremoving, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store disposing of any such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofpersonal property. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant If Lessee fails to remove any Tenant’s Property from surrender the Premises or storage, as to Lessor on the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all expiration of the term of this Lease or any part of such Tenantextension thereof as required by this Xxxxxxxxx 00, Xxxxxx shall hold Lessor harmless from all damages resulting from Lessee’s Property failure to have been abandoned by Tenant surrender the Premises, including without limitation, lost rental value and title thereof shall immediately pass to Landlord under this Lease as any claims made by a bxxx of salenew tenant resulting from Lessee’s failure to surrender the Premises.
Appears in 2 contracts
Samples: Net Commercial Lease, Net Commercial Lease (Audentes Therapeutics, Inc.)
Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, locks which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx xxxx of sale.
Appears in 2 contracts
Samples: Office Lease (Great Basin Scientific, Inc.), Office Lease
Surrender of Premises. Upon Section 1 5.0 1. Tenant shall, upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right this Lease for any reason whatsoever, surrender to possession without termination of Landlord the Leasebuildings, Tenant will at once surrender possession structures and vacate building equipment then upon the Demised Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)alterations and replacements thereof then on the Demised Premises, to Landlord in the same good order, condition and repair, that the Demised Premises are in on the completion of the construction contemplated hereby, except for reasonable and ordinary wear and tear. (Wherever the term “reasonable and ordinary wear and tear” is used in this Lease, it should be understood to contemplate that Tenant will have performed a reasonable maintenance program during the term hereof.) At the expiration of termination of this Lease for any reason whatsoever, Landlord shall have the right, at Landlord’s sole cost and expense, to inspect the Demised Premises through an independent licensed engineer and/or contractor in order to determine that all portions of the Demised Premises are in such good condition, ordinary wear and tear excepted; conditions existing because . Any repairs deemed necessary in the opinion of the inspecting agent may be paid for out of proceeds of the Security Deposit. Title to all of Tenant’s failure to perform maintenancetrade fixtures, repairs furniture and equipment (other than building equipment) installed in the Demised Premises shall remain in Tenant, and upon expiration 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 Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the other termination of this Lease, or Tenant’s right to possession hereunderthe same may and, upon the demand of Landlord, shall be removed and any resultant damage to the Demised Premises shall be repaired, by and at the expense of Tenant; provided, however, that if, upon any such expiration or other termination of this Lease, Tenant shall be delinquent or in default under any of the provisions hereof, Tenant shall not, without Landlord’s sole cost and expensesprior written consent, shall be entitled to remove and/or store any such Tenant’s Property trade fixtures, furniture or equipment unless and Landlord until such delinquency or default shall be in no event be responsible for the valuehave been cured, preservation and if such delinquency or safekeeping thereof. default shall not have been cured by Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from Landlordthe date of such expiration or termination, Landlordall such trade fixtures, furniture and equipment of Tenant shall, at its Landlord’s option, may deem all or any part be and become the absolute property of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleLandlord.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Asbury Automotive Group Inc)
Surrender of Premises. Upon On or before the termination, whether by lapse termination of time or otherwisethe Lease Term, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), shall surrender the Premises to Landlord in good condition and repair, ordinary normal wear and tear excepted; conditions existing because , with all interior walls, floors and floor coverings cleaned, and otherwise in the condition required under this Section 27. The term “normal wear and tear” does not, and shall not be deemed to, include any damage or deterioration that could have been prevented through proper maintenance, or by Tenant’s full and timely performance of all its obligations under this Lease. On or before the expiration or sooner termination of the Lease Term (or such later date following any earlier termination of this Lease as hereinafter provided), Tenant shall (a) remove (i) all Tenant Improvements constructed by Tenant under the Work Letter and Construction Agreement that Landlord identifies at the time Landlord approves the Final Plans that Landlord deems Specialized Alterations, (ii) all of Tenant’s FF&E and phone and data cabling from the Project; except those that Landlord has, if at all, confirmed in writing (within the time period hereinafter provided) shall be left in place; and any other Alterations that Landlord required in writing be removed at the time Landlord gave its consent thereto Pursuant to Section l0(a); and (b) fully repair any damage to the Premises or other portions of the Project caused by the removal of any of the foregoing items. Landlord may, by written notice to Tenant given at any time at least nine (9) months prior to the Expiration Date (or, in the event of a termination of this Lease prior to the scheduled Expiration Date, at any time within thirty (30) days following written notice of such termination), confirm the obligation of Tenant to either remove or leave in place any or all Specialized Alterations, but failure to perform maintenance, repairs or replacements provide any such written notice shall not change any of Tenant’s obligations with respect to the removal of Tenant’s property and the other matters hereinabove provided in accordance with this Section 25. Any of Tenant’s property not removed from the Project by Tenant as required herein shall be deemed abandoned and may be retained, used, stored, removed or disposed of by Landlord as Landlord sees fit in the exercise of its sole discretion, and Tenant waives all claims against Landlord resulting therefrom. Without limiting the generality of the foregoing, Tenant waives any of the rights and benefits under Civil Code Sections 1980-1993 relating to the disposition of abandoned personal property and agrees that title to any such personal property, free and clear of any liens, shall pass to Landlord upon written notice to Tenant of Landlord’s exercise of its right to retain any such personal property. Within ten (10) days following Landlord’s invoice therefor, Tenant shall reimburse Landlord for all costs incurred by Landlord in (x) storing, removing or disposing of any abandoned Tenant’s property; and (y) repairing any damage to the Premises or Project caused by Tenant, but only to the extent the making of (or payment for) such repairs is the responsibility of Tenant under this Lease Lease; and (z) removing any Tenant Improvements that Tenant was required to remove, and all repair and restoration work necessitated by such removal. Tenant represents and warrants that no other person shall not be deemed “reasonable wear have any ownership or use interest in Tenant’s FF&E, Alterations, Specialized Alterations and tear.” Tenant Improvements as of the Expiration Date or sooner termination of this Lease. Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation combination of all combination locks, locks which Tenant is permitted required to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of All Tenant’s Property within one (1) day after obligations under this Section 25 shall survive the expiration or sooner termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.
Appears in 2 contracts
Samples: Retail Lease Agreement (Slack Technologies, Inc.), Retail Lease Agreement (Slack Technologies, Inc.)
Surrender of Premises. Upon On the terminationSublease Expiration Date, whether the Sublease Expiration Date occurs by expiration, lapse of time or otherwise, or upon any the sooner termination of Tenantthis Sublease, Sublessee, at Sublessee’s right sole cost and expense, shall quit and surrender the Sublet Space to possession without termination of Sublessor in the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements same condition (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary reasonable wear and tear excepted; conditions existing because of Tenant’s failure ) in which Sublessor has delivered the Sublet Space to perform maintenanceSublessee, 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 including, without limitation, the Premises and make known to Landlord the explanation removal of all combination locks, which Tenant is permitted of Sublessee’s Changes and the restoration of the Sublet Space to leave its existing condition and finishes on the Premises. Subject Sublease Commencement Date, provided that Sublessor may request Sublessee to surrender the Landlord’s rights under Section 23 hereof, Sublet Space in its then existing condition Sublessee hereby consents and agrees that if Tenant fails to remove any of Tenant’s Property within one (1) day Sublessee should “hold over” after the termination or expiration of this LeaseSublease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant Sublessee shall pay Landlordto Sublessor for use and occupancy of the Sublet Space for each month or part thereof during which Sublessee shall hold over, upon demanda 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 (including, without limitation, attorneys’ fees), damages or liabilities (including, without limitation, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession liability of Landlord or under the control of Sublessor to Landlord. In addition, if Tenant fails to remove any Tenant’s Property ) 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, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part expiration of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleSublease.
Appears in 2 contracts
Samples: Manufacturing Agreement (Drone USA Inc.), Sublease Agreement (Drone USA Inc.)
Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once shall surrender all keys for the Premises to Landlord, and Tenant shall deliver exclusive possession and vacate of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord broom clean and in good condition and repair, ordinary reasonable wear and tear and minor conditions arising from Tenant’s move-in and move-out excepted; conditions existing because , with all of Tenant’s failure to perform maintenancepersonal property removed therefrom, repairs or replacements and all damage caused by such removal repaired, as required of Tenant under this Lease shall not be deemed “reasonable wear pursuant to Sections 11.2 and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks11.3 below. If, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereoffor any reason, if Tenant fails to remove any of Tenant’s Property within one (1) day after surrender the Premises on the expiration or earlier termination of this Lease, with such removal and repair obligations completed, then, in addition to the provisions of Section 8.3 below and Landlord’s rights and remedies under Section 11.4 and the other provisions of this Lease, Tenant shall, beginning on the thirtieth (30th) day following the expiration or Tenant’s right to possession hereunderearlier termination of this Lease, indemnify, protect, defend (by counsel reasonably approved in writing by Landlord, at Tenant’s sole cost ) and expenses, shall be entitled to remove and/or store such Tenant’s Property hold Landlord harmless from and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, against any and all reasonable claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses caused and costs (including, without limitation, costs, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees and court costs, but excluding indirect or consequential damages) (collectively, “Claims”) which arise or result from such failure to surrender, including, without limitation, any Claims made by such removal and all storage charges against such property so long as any succeeding tenant based thereon. The foregoing indemnity shall survive the same shall be in possession expiration or earlier termination of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleLease.
Appears in 2 contracts
Samples: Lease Agreement (ProPhase Labs, Inc.), Lease Agreement (ProPhase Labs, Inc.)
Surrender of Premises. Upon Not less than thirty (30) days prior to the terminationExpiration Date, whether 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 lapse 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 time or otherwisesuch 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, or upon any in the event of a termination of Tenantthis 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 Xxxxxx’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove the Tenant Property from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this LeaseTenant Property, or Tenant’s right to possession hereunder, restore the Premises to the required surrender condition upon the Expiration Date then Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and dispose of the Tenant Property in any manner Landlord deems appropriate and/or store perform such restoration of the Premises 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 be in no event not be responsible for the value, preservation or safekeeping thereofof the Tenant Property following the expiration or termination of this Lease. Tenant shall pay Landlord, upon demand, expressly waives any and all reasonable expenses caused by such removal and all right to require or expect Landlord storage charges against such property so long as the same shall be in possession of Landlord or under the control any of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property cost and expense following the Expiration Date, and any right to have been seek damages from Landlord due to Landlord’s disposal of the abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleTenant’s Property.
Appears in 2 contracts
Samples: Lease Agreement (Astra Space, Inc.), Lease Agreement (Astra Space, Inc.)
Surrender of Premises. Upon LESSEE agrees to surrender to LESSOR, at the termination, whether by lapse end of time or otherwise, or the Term of this Lease and/or upon any termination cancellation of Tenant’s right to possession without termination this Lease, said Leased Premises in as good condition as said Leased Premises were at the beginning of the Term of this Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear and damage by fire or other casualty not caused by LESSEE'S negligence, excepted; conditions existing because . LESSEE agrees that if LESSEE does not surrender said Leased Premises to LESSOR at the end 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 Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination Term of this Lease, then LESSEE will pay to LESSOR two (2) times the monthly rent and two (2) times the monthly pro rata expense assessment paid in the final month of LESSEE'S term hereunder for 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 will indemnify and save LESSOR harmless from and against all claims made by any succeeding tenant of said Leased Premises against LESSOR on account of delay of LESSOR in delivery possession of said Leased Premises to said succeeding tenants so far as such delay is occasioned by failure of LESSEE to so surrender said Leased Premises in accordance herewith or Tenant’s right to otherwise. No receipt of money by LESSOR from LESSEE after termination of this Lease or the service of any notice of commencement of any suit or final judgment for possession hereundershall reinstate, Landlordcontinue or extend the term of this Lease or affect any such notice, at Tenant’s sole cost and expensesdemand, suite or judgment. No act or thing done by LESSOR or its agents during the term hereby granted shall be entitled deemed an acceptance of a surrender of the Leased Premises and no agreement to remove and/or store such Tenant’s Property and Landlord accept a surrender of the Leased Premises shall be valid unless it be made in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any writing and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as subscribed by a bxxx duly authorized officer or agent of saleLESSOR.
Appears in 2 contracts
Samples: Standard Office Building Lease (Newsmax Media Inc), Standard Office Building Lease (Newsmax Media Inc)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse Landlord, except upon expiration of time this Lease or otherwise, earlier termination by Tenant pursuant to the provisions of this Lease. At the expiration or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant shall remove all combination locks, trade fixtures which Tenant is permitted to leave on have not become part of the Premises. Subject , 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 Landlord’s rights under Section 23 hereof, if Tenant fails to remove any Premises at the earlier expiration or termination of Tenant’s Property within one (1) day after the termination Term of this Lease, or Tenant’s right to possession hereunderand 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 Tenant’s sole cost 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 expensesfurniture as Landlord may request; however, Tenant shall not be entitled required to remove and/or store such Tenant’s Property and any addition or improvement to the Premises if Landlord shall has specifically agreed in writing that the improvement or addition in question need not be in no event be responsible for the value, preservation or safekeeping thereofremoved. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord's option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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 immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 20. The provisions of this Lease as by a bxxx Section 21 shall survive the end of salethe Term.
Appears in 2 contracts
Samples: Lease Agreement (Art Technology Group Inc), Lease Agreement (Art Technology Group Inc)
Surrender of Premises. Upon Tenant will surrender the termination, whether by lapse of time Premises to Landlord at the expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord this Lease in good order, condition and repair, 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 “repair (reasonable wear and tear.” Tenant shall , permitted Alterations, and damage by casualty or condemnation excepted), and will surrender to Landlord all keys to the Premises and make known to Landlord at the explanation place then fixed for Tenant's payment of Basic Rent or as Landlord otherwise directs. Tenant will also inform Landlord of all combination combinations on locks, which safes and vaults, if any, in the Premises or on the Property. Tenant is permitted to leave on will at such time remove all of its property from the Premises and, if Landlord required as a condition of its consent, all specified Alterations carried out by Tenant in the Premises. Subject Tenant will promptly repair any damage to the Premises caused by such removal. If Tenant does not surrender the Premises in accordance with this section, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord’s rights under Section 23 hereof), if protect and hold harmless Landlord from and against any Claim resulting from Tenant's delay in so surrendering the Premises, 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 Term is deemed abandoned. If Tenant fails to remove any all of Tenant’s Property within one (1) day after 's property from the Premises upon termination of this Lease, or then Tenant shall be deemed to have appointed Landlord as Tenant’s right 's agent to possession hereunder, Landlordremove, at Tenant’s 's sole cost and expensesexpense, shall be entitled to remove and/or store such all of Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such 's property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part upon termination of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of saleTenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 2 contracts
Samples: Lease Agreement (Aspirity Holdings LLC), Consent of Landlord to Sublease (Aspirity Holdings LLC)
Surrender of Premises. HOLDING OVER Upon expiration of the termination, whether by lapse of time term or otherwise, or upon any the termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because this Lease or of Tenant’s failure to perform maintenance's right of possession, 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 all tenant improvements and alterations (except alterations which Tenant has the right or obligation to remove) in good condition, except for ordinary wear and tear. RIDER NO. 41 Tenant shall remove all personal property including, without imitation, all wallpaper, paneling and other decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any alterations or Tenant's personal property before the expiration of the term, including for example, restoring all wall surfaces to their condition prior to the commencement of this Lease. RIDER NO. 42 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 the explanation for Landlord's costs for storage, removal or disposal of all combination locks, which Tenant is permitted to leave on the PremisesTenant's personal property. Subject to the Landlord’s rights under Section 23 hereof, if Tenant If Xxxxxx fails to remove any surrender the Premises upon the expiration of Tenant’s Property within one (1) day after the term, or upon the termination of this Lease or of Tenant's right of possession, Tenant shall defend, indemnify and hold Landlord harmless from all resulting loss or liability, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure. If Tenant, with Xxxxxxxx's consent, remains in possession of the Premises after expiration of this Lease, or Tenant’s right such possession by Tenant shall be deemed to possession hereunderbe a month-to-month tenancy terminable on written 30-day notice at any time, Landlordby either party. All provisions of this Lease, at Tenant’s sole cost except those pertaining to term and expensesrent, shall be entitled apply to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofmonth-to-month tenancy. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as Base Monthly Rent in an amount equal to 150% of the same shall be in possession Base Monthly Rent for the last full calendar month during the regular term plus 100% of Landlord or under the control said last month's estimate of Landlord. In addition, if Tenant fails Tenant's share of Expenses pursuant to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleSection 4.3(3).
Appears in 2 contracts
Samples: Industrial/Business Park Lease (Medicalogic Inc), Industrial/Business Park Lease (Medicalogic Inc)
Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of this Lease or Xxxxxx’s right of possession hereunder, Tenant shall remove all Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate Property from the Premises, together with remove all Leasehold Improvements Required Removables (except those Leasehold Improvements Tenant is required if any) under Section 8.03, and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted; conditions existing because . Tenant shall repair any damage caused by the installation or removal of Tenant’s failure to perform maintenance, repairs Property 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 Tenant is permitted to leave on the PremisesRequired Removables. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property or to restore or repair the Premises to the required condition as provided herein upon the expiration of the Term of this Lease (or, as applicable, within one two (12) day days after the any earlier termination of this Lease, Lease or TenantXxxxxx’s right to possession hereunder), then Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled entitled, but not obligated, to remove and/or and store such Tenant’s Property and and/or perform such restoration or repair of the Premises. Landlord shall be in no event not be responsible for the value, preservation preservation, or safekeeping thereof. of Tenant’s Property, and Tenant shall pay to Landlord, upon demand, any the actual and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordincurred. In addition, if If Tenant fails to remove any TenantXxxxxx’s Property from the Premises or storage, as the case may be, storage within ten thirty (1030) days after following written notice from Landlord, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and and, at Landlord’s option, title thereof to Tenant’s Property shall immediately pass to vest in Landlord under this Lease as by a bxxx or Landlord may dispose of saleTenant’s Property in any manner Landlord deems appropriate.
Appears in 2 contracts
Samples: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)
Surrender of Premises. Upon At 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 the Leasepossession, Tenant will at once surrender possession shall remove Tenant’s Property and vacate any and all Required Removables from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good the same order, condition and repairrepair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted; conditions existing because of Tenant’s failure , and casualty and condemnation damage, as to perform maintenance, repairs or replacements as required of Tenant under this Lease which Sections 16 and 17 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 Tenant is permitted to leave on the Premisescontrol. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property within one (1) day after or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease, Lease or Tenant’s right to possession hereunderof the Premises, Landlord, at Tenant’s sole cost and expensesexpense, 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 be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant’s Property. Tenant shall pay Landlord, upon demand, any Landlord the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordincurred. In addition, if If Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and and, at Landlord’s option, title thereof to Tenant’s Property shall immediately pass to vest in Landlord under this Lease as by a bxxx or Landlord may dispose of saleTenant’s Property in any manner Landlord deems appropriate.
Appears in 2 contracts
Samples: Office Lease Agreement (ForgeRock, Inc.), Office Lease Agreement (ForgeRock, Inc.)
Surrender of Premises. Upon If Tenant delivers its Expansion Premises First Acceleration Notice in accordance with the terminationterms and conditions of this Paragraph 10.C. and pays both installments of the Expansion Premises First Acceleration Fee (as herein after defined), whether by lapse then, subject to the terms and conditions of time or otherwisethis Paragraph 10.C., or upon any termination effective as of the Expansion Premises First Accelerated Termination Date, the Term of the Lease with respect to the floor designated in Tenant’s right Expansion 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 be and remain liable for the payment to possession without termination Landlord of all Rent and other sums due or accrued with regard to the portion of the LeaseExpansion Premises to which Tenant’s First Acceleration Option for Expansion Premises applies, and for the performance and keeping of all covenants, agreements and obligations under the Lease to be performed, paid and kept by Tenant will at once with respect to such space prior to the Expansion Premises First Accelerated Termination Date. In the event that Tenant fails to completely vacate the portion of the Expansion Premises to which Tenant’s First Acceleration Option for Expansion Premises applies and surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), thereof to Landlord in good condition accordance with the terms and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs the Lease on or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys prior to the Expansion Premises First Accelerated Termination Date, such failure shall be treated as a holding over by Tenant, and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for all of its remedies therefore pursuant to Article 12 of the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleOriginal Lease.
Appears in 2 contracts
Samples: Lease (Enova International, Inc.), Lease Agreement (Enova International, Inc.)
Surrender of Premises. Upon If Tenant delivers its Expansion Premises Second Acceleration Notice in accordance with the terminationterms and conditions of this Paragraph 10.D. and pays both installments of the Expansion Premises Second Acceleration Fee (as hereinafter defined), whether by lapse then, subject to the terms and conditions of time 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 otherwise, or upon any termination of floors designated in Tenant’s right Expansion Premises Second Acceleration Notice shall terminate, provided, however, Tenant shall be and remain liable for the payment to possession without termination Landlord of all Rent and other sums due or accrued with regard to the portion of the LeaseExpansion Premises to which Tenant’s Second Acceleration Option for Expansion Premises applies, and for the performance and keeping of all covenants, agreements and obligations under the Lease to be performed, paid and kept by Tenant will at once with respect to such space prior to the Expansion Premises Second Accelerated Termination Date. In the event that Tenant fails to completely vacate the portion of the Expansion Premises to which Tenant’s Second Acceleration Option for Expansion Premises applies and surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), thereof to Landlord in good condition accordance with the terms and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs the Lease on or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys prior to the Expansion Premises Second Accelerated Termination Date, such failure shall be treated as a holding over by Tenant, and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for all of its remedies therefore pursuant to Article 12 of the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleOriginal Lease.
Appears in 2 contracts
Samples: Lease (Enova International, Inc.), Lease Agreement (Enova International, Inc.)
Surrender of Premises. Upon All improvements to the terminationPremises (collectively, whether “Leasehold Improvements”) shall be owned by lapse of time Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove Tenant’s Removable Property (defined below) from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of tear, casualties and repairs that are not Tenant’s failure to perform maintenanceresponsibility hereunder, repairs excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by Tenant and located in the Premises or replacements as required other portions of the Building; (B) any Leasehold Improvements that are installed by Tenant under 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 shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the contrary, Landlord shall have the right to require 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 make known 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 the explanation of all combination locksmay, which in Landlord’s sole discretion and at no cost to Landlord, require Tenant is permitted to leave on any of its Special Installations in the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within one (1) day 2 days after the termination of this Lease, Lease or of Tenant’s right to possession hereunderpossession, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or and store such Tenant’s Property and Removable Property. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as incurred for Tenant’s Removable Property. To the same shall 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 possession of Landlord or under the control of Landlordpreceding sentence. In addition, if Tenant fails to remove any Tenant’s Removable Property from the Premises or storage, as the case may be, within ten (10) 30 days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Removable Property to have been abandoned be abandoned, 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 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 title thereof which shall immediately pass not be unreasonably withheld), Tenant may remain in the Premises for up to Landlord under 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 as is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by a bxxx Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of saletermination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.
Appears in 2 contracts
Samples: Office Lease (GP Investments Acquisition Corp.), Office Lease (Rimini Street, Inc.)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to 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 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 rights under Section 23 hereofoption, if Tenant fails 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 within one (1) day after addition or improvement to the termination of this Lease, Premises or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofremoved. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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 immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. The provisions of this Lease as by a bxxx Section 21 shall survive the end of salethe Term.
Appears in 2 contracts
Surrender of Premises. Upon At 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 the Leasepossession, Tenant will at once surrender possession and vacate shall remove Tenant’s Property from the PremisesPremises (other than Alterations which Landlord agrees, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove or has previously agreed in a binding written notice or agreement, may be surrendered pursuant to Section 8 hereofthe terms of this Lease), and quit and surrender the Premises to Landlord Landlord, broom clean, and in good the same order, condition and repairrepair as it 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 excepted; conditions existing because of Tenant’s failure to perform maintenancetear, repairs or replacements as maintenance expressly required of Tenant under this Lease shall not be deemed “reasonable wear Landlord by the terms hereof, and tear.” Tenant shall surrender damage which Landlord is obligated to Landlord all keys repair hereunder, removal and/or remediation of Hazardous Materials (as defined in Exhibit B) introduced to the Premises and make known to by Landlord during the explanation of all combination locks, Term or for which Tenant is permitted to leave on the Premises. Subject not liable pursuant to the Landlord’s rights under Section 23 hereofterms and conditions of second paragraph of Article 5 of this Lease, if and damage caused by Casualty and Taking excepted. If Tenant fails to remove any of Tenant’s Property within one (1) day 2 days after the termination of this Lease, Lease or Tenant’s right to possession hereunderpossession, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or and store such Tenant’s Property and Property. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant’s Property. Tenant shall pay Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordincurred. In addition, if If Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) 30 days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and title thereof to Tenant’s Property shall immediately pass to Landlord under this Lease as by a bxxx of salevest in Landlord.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Netsuite Inc)
Surrender of Premises. Upon the termination, whether by lapse of time Expiration Date or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults
(i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expensesleast thirty (30) days prior to the Expiration Date, that such Lines shall be entitled to remove and/or store such Tenant’s Property surrendered with the Premises; and Landlord shall be (ii) in no event be responsible for the valuecase of the earlier termination of this Lease, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any remove such Lines and all reasonable expenses caused by repair such damage promptly after receipt of a notice from Landlord requiring such removal and all storage charges against such repair. Any Lines not required to be removed pursuant to this Section shall become the property so long as the same of Landlord (without payment by Landlord), and shall be surrendered in possession of Landlord or under the control of good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. In addition, if All personal property of Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordnot removed hereunder shall be deemed, at its Landlord’s option, may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and title thereof Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law. Notwithstanding anything to the contrary, except for Lines and Equipment (which shall immediately pass be removed in accordance with Section 32 above), Tenant shall have no obligations to Landlord under this Lease as by a bxxx of saleremove any improvements or Alterations made to the Premises that are not Specialty Improvements.
Appears in 2 contracts
Samples: Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)
Surrender of Premises. Upon At the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination expiration of the Leasetenancy hereby created, Tenant will at once shall surrender the leased premises in the same condition as the leased premises were in upon delivery of possession and vacate the Premisesthereto under this lease, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required in addition to remove any alterations or additions which Landlord elects to keep pursuant to Section 8 hereof)Paragraph 10, to Landlord in good condition and repair, ordinary reasonable wear and tear excepted; conditions existing because , and shall surrender all keys for the leased premises to Landlord at the place then fixed for the payment of Tenant’s failure to perform maintenancerent and shall inform Landlord of all combinations on locks, repairs safes and vaults, if any, in the leased premises. No act or replacements as required conduct of Tenant under this Lease Landlord, except a written acknowledgement of acceptance of surrender signed by Landlord, shall not be deemed “reasonable wear and tear.” to be or constitute an acceptance of the surrender of the leased premises by Tenant shall surrender to Landlord all keys prior to the Premises and make known expiration of the term of this lease. If prior to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Leaselease, or within 15 days thereafter, Landlord elects, by written notice to Tenant’s right to possession hereunder, LandlordTenant shall promptly remove the additions, improvements, fixtures, trade fixtures and installations which were placed in the leased premises by Tenant and which are designated in said notice, and shall repair any damage occasioned by such removal; and in default thereof Landlord may effect said removals and repairs at Tenant’s sole cost and expenses, expense. The covenants of Tenant contained herein shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for survive the value, preservation expiration or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as termination of the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salelease term.
Appears in 2 contracts
Samples: Lease Agreement (Liquidity Services Inc), Lease Agreement (Liquidity Services Inc)
Surrender of Premises. Upon All improvements to the terminationPremises (collectively, whether “Leasehold Improvements”) shall be owned by lapse of time Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove Tenant’s Removable Property (defined below) from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of . As used herein, the term “Tenant’s failure to perform maintenance, repairs Removable Property” shall mean: (A) Cable installed by or replacements as required for the benefit of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to 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 make known 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 may, in Landlord’s sole discretion and at no cost to Landlord the explanation of all combination locksLandlord, which require Tenant is permitted to leave on any of its Special Installations in the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within one (1) day 2 days after the termination of this Lease, Lease or of Tenant’s right to possession hereunderpossession, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or and store such Tenant’s Property and Removable Property. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as incurred for Tenant’s Removable Property. To the same shall 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 possession of Landlord or under the control of Landlordpreceding sentence. In addition, if Tenant fails to remove any Tenant’s Removable Property from the Premises or storage, as the case may be, within ten (10) 30 days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Removable Property to have been abandoned be abandoned, 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 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 title thereof which shall immediately pass not be unreasonably withheld), Tenant may remain in the Premises for up to Landlord under 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 as is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by a bxxx Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of saletermination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.
Appears in 2 contracts
Samples: Office Lease (CSR PLC), Office Lease (Power Efficiency Corp)
Surrender of Premises. Upon the termination, whether by lapse By taking possession of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements subject to Landlord's performance of its obligations under Section 7, Tenant is required shall be deemed to remove pursuant to Section 8 hereof)have accepted the Premises and the Property in good, to Landlord in good clean and completed condition and repair, ordinary subject to all applicable laws, codes and ordinances. On the Expiration Date or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in its condition as of the Commencement Date, normal wear and tear excepted; conditions existing because . Tenant shall remove from the Premises all of Tenant’s failure 's Personal Property and any Alterations required to perform maintenance, repairs or replacements as required be removed pursuant to Section 9 of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Lease. Tenant shall surrender to Landlord all keys to repair any damage or perform any restoration work required by the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premisesremoval. Subject to the Landlord’s rights under Section 23 hereof, if 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 within one (1) day after 's expense, including interest at the Interest Rate. If the Premises are not so surrendered at the termination of this Lease, or Tenant’s right Tenant shall indemnify Landlord against all Claims resulting from delay by Xxxxxx in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant, losses to possession hereunderLandlord due to lost opportunities to lease to succeeding tenants, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property attorneys' fees and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofcosts. Tenant shall pay Landlord, upon demand, any give written notice to Landlord at least thirty (30) days prior to vacating the Premises and all reasonable expenses caused by such removal and all storage charges against such property so long as shall meet with Landlord for a joint inspection of the same shall be in possession Premises at the time of Landlord or under the control of Landlordvacating. In additionthe event of Tenant's failure to give such notice or participate in such joint inspection, if Tenant fails to remove any Tenant’s Property from Landlord's inspection at or after Xxxxxx's vacating the Premises or storage, as shall conclusively be deemed correct for purposes of determining Tenant's responsibility for removal of Alterations and repairs and restoration of the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salePremises.
Appears in 2 contracts
Surrender of Premises. Upon At the termination, whether by lapse expiration of time the Term of this Lease or otherwise, or upon any earlier termination of this 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 right , in connection with Landlord=s approval of the installation thereof, that Landlord would require Tenant to possession without termination 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, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary reasonable 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord at the explanation place then fixed for the payment of Basic Rent and shall inform Landlord of all combination combinations on locks, which safes and vaults, if any. Tenant is permitted 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 on the Premisessame. Subject Tenant shall repair any damage to the Premises caused by such removal, and any and all such property not so removed shall, at Landlord’s rights under Section 23 hereof's option, if Tenant fails after five (5) business days notice to remove any Tenant, become the exclusive property of Tenant’s Property within one (1) day after the termination Landlord or be disposed of this Lease, or Tenant’s right to possession hereunder, by Landlord, at Tenant’s 's cost and expense, without further notice to or demand upon Tenant. If the Premises be not surrendered as above set forth, Tenant shall indemnify, protect, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any claim made by any succeeding occupant founded on such delay. All property of Tenant not removed within thirty (30) days after the last day of the Term of this Lease shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove, at Tenant's cost, 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 benefit, all at the sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property risk of Tenant and Landlord shall not be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be manner in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salerespect thereto.
Appears in 2 contracts
Samples: Ground Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc)
Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without earlier termination of the Term of this Lease, Tenant will at once shall peaceably quit and surrender possession to Landlord the Premises in neat and vacate the Premisesclean condition and in good order, condition and repair, together with all Leasehold Improvements 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 those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereofas hereinafter provided), to Landlord in good condition and repair, excepting only ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenanceuse and damage by fire or other casualty for which, 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 Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination other provisions of this Lease, Tenant has no responsibility to repair or restore. Tenant shall remove all of Tenant’s Removable Property, and, to the extent specified by Landlord, all alterations and additions made by Tenant; and shall repair any damages to the Premises or the Building caused by such removal. Notwithstanding anything to the contrary contained herein, Landlord shall not be entitled to require Tenant to remove any wiring or cabling from the Premises at the expiration of the Term unless (i) Tenant exercises its Acceleration Option in accordance with the terms of Article 17 of this Lease, or (ii) Tenant defaults under this Lease, and as a result thereof, Landlord terminates the Lease or Tenant’s right to possession hereunderof 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 expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleexpense.
Appears in 2 contracts
Samples: Lease (Enova International, Inc.), Lease Agreement (Enova International, Inc.)
Surrender of Premises. Upon the termination, whether by lapse of time On expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storageterm, as the case may be, within ten Tenant shall surrender to Landlord the Premises in the same condition as existed at the commencement of this Lease (10) days after except for ordinary wear and tear, condemnation and casualty), and will have the right to remove only unattached equipment, furniture, merchandise, and trade fixtures that Tenant installed in the premises (except, trade fixtures shall not include lighting fixtures and floor covering); however, Landlord may not require Tenant to remove and/or restore the Premises to their original condition for tenant improvements that Landlord had previously approved and exempted from the restoration requirement. Except, Landlord shall have the election exercisable by giving Tenant written notice from Landlord, Landlord, at its option, may deem no later than three (3) months prior to the end of the term to require Tenant to restore all or any part of such the Premises to the same condition as originally received by Tenant (except for ordinary wear and tear, condemnation and casualty), in which event Tenant shall do so on or before expiration or termination of the term. Tenant shall perform all restoration made necessary by the removal of any item as allowed or required by this Section If Tenant fails to surrender the Premises to Landlord on the date as required herein, Tenant shall indemnify and hold Landlord harmless from all damages resulting from Tenant’s Property failure to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as surrender the Premises, including, without limitation, claims made by a bxxx of salesucceeding Tenant resulting from Tenant’s failure to surrender the Premises.
Appears in 2 contracts
Samples: Sublease Agreement (Mobile Iron, Inc.), Sublease Agreement (Mobile Iron, Inc.)
Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear, casualty damage and acts of God excepted), including, but not limited to, all holes in walls repaired, all HVAC equipment in operating order and in good repair, and all floors cleaned, waxed, and free of any Tenant-introduced marking or Tenant’s right painting, all to possession hereunder, the reasonable satisfaction of Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlordremove all of its debris from the Project. At or before the time of surrender, upon demand, any Tenant shall comply with the terms of Paragraph 12.A. hereof with respect to Alterations to the Premises and all reasonable expenses caused by other matters addressed in such removal and all storage charges against such property Paragraph. If the Premises are not so long as surrendered at the same expiration or sooner termination of this Lease, the provisions of Paragraph 25 hereof shall be in possession of Landlord or under the control of Landlordapply. In addition, if Tenant fails All keys to remove any Tenant’s Property from the Premises or storage, as any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the case may be, within ten Term. Tenant shall meet with Landlord for a joint inspection of the Premises fifteen (1015) days after written prior to 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 failure to give such notice from Landlordor participate in such joint inspection, Landlord, 's inspection at or after Tenant's 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 option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord obligations under this Lease as by a bxxx Paragraph 36 beyond the term hereof, shall constitute unlawful and illegal possession of salePremises under Paragraph 25 hereof.
Appears in 2 contracts
Samples: Sublease Agreement (Mp3 Com Inc), Consent to Sublease Agreement (Intuit Inc)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises by Tenant or Tenant Parties, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant which are not permanently affixed (but Tenant may not remove any wiring or cabling or the Off-Premises Equipment unless and to the extent Landlord requires such removal). Additionally, at Landlord’s rights under Section 23 hereofoption, if Tenant fails 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 addition or improvement to the Premises in place as of Tenant’s Property within one (1) day after the termination date of this LeaseLease (other than wiring or cabling which Landlord may require to be removed), or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, Tenant shall not be entitled required to remove and/or store such Tenant’s Property and any future improvement to the Premises if Landlord shall has specifically agreed in writing that the improvement or addition in question need not be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordremoved. In addition, if Tenant fails shall have no obligation to remove any Tenant’s Property from the Premises Generator Space, which shall be delivered to Landlord in the condition required by this Lease for the surrender of the Premises, but notwithstanding anything to the contrary contained herein, Tenant may be required to remove other equipment and/or property located in or storageserving the Generator Space, as the case may beincluding without limitation, within ten (10) days after written notice from Landlord, Landlordbatteries and transformers. Tenant shall repair all damage caused by such removal. All items not so removed shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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 immediately pass to Landlord under this Lease as by a bxxx survive the end of salethe Term.
Appears in 1 contract
Samples: Lease Agreement (Earthlink Inc)
Surrender of Premises. Upon On the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination expiration of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs Term 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 Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the sooner termination of this Lease, or Tenant’s right to possession hereunder, LandlordTenant shall, at Tenant’s sole cost cost, (a) promptly and expensespeaceably surrender the Premises to Landlord “broom clean,” in good order and condition, (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 72 , unless Tenant first obtains a judicial order expressly authorizing Tenant to do so pursuant to a judicial proceeding, notice of which has been given to Landlord by personal service as required by the Utah Rules of Civil Procedure for such proceeding. If after all of the required notices have been given and all of the time periods for cure have expired under the foregoing portion of this Paragraph, neither Landlord nor such holder has performed such obligation, then Tenant may, after at least five (5) business days’ prior written notice to Landlord, in compliance with the provisions of ‘Paragraphs 9.2(a), (b) and (f) (excluding any required Landlord approval) and subject to all other applicable provisions of this Lease (other than Paragraphs 9.2(c), (d), (e) and (g)), perform such obligation in a first-class and workmanlike manner. Nevertheless, even in such event, Tenant still may not terminate this Lease or withhold the payment of rent or other charges provided for in this Lease as a result of Landlord’s default, unless Tenant first obtains a judicial order expressly authorizing Tenant to do so pursuant to a judicial proceeding, notice of which has been given to Landlord by personal service as required by the Utah Rules of Civil Procedure for such proceeding Premises, Tenant shall, at Tenant’s sole cost, remove Tenant’s personal property73 and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord, remain in the Premises as the property of Landlord without compensation; however, Tenant shall be entitled not remove any personal property or trade fixtures from the Premises without Landlord’s prior written consent if such removal will impair the structure of the Building or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision). Landlord may require Tenant to remove and/or store such Tenant’s Property any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant including, without limitation, any computer lines, wiring, cabling and facilities and other similar improvements, and to restore the Premises to their condition as of the Commencement Date74, All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises75 or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be in no event deemed to have been abandoned and may be responsible for the valueappropriated, preservation sold, stored, destroyed or safekeeping thereofotherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay Landlord, upon demand, any and to Landlord all reasonable expenses caused by such removal and all storage charges against incurred in connection with the disposition of such property so long as in excess of any amount received by Landlord from such disposition. No surrender of the same 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 shall not be released from Tenant’s obligations under this Lease in possession connection with surrender of the Premises76 until Landlord has inspected the Premises and delivered to Tenant a written release77. 73 (including furniture, equipment and appliances owned by Tenant, but excluding any items paid for by Landlord directly or under through any tenant improvement allowance) 74 ; provided, however, that notwithstanding the control of Landlordforegoing to the contrary. In additionTenant shall have no obligation to remove the improvements made by Landlord pursuant to the attached Exhibit C, if and except as otherwise expressly required by this Lease (for example purposes only, in Paragraph 19.2 regarding signage), Tenant fails 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 Property 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 computer lines, wiring and cabling associated with Tenant’s personal property that are located above the ceiling tile in the Premises. If Landlord determines that such computer lines, wiring and cabling can be reused by the next subsequent tenant of the Premises, Landlord shall notify Tenant of such determination within fifteen (15) business days following receipt of written request from Tenant, which request may be made by Tenant at any time during the Premises or storage, as the case may be, within ten final ninety (1090) days after written notice from Landlordof the Term, Landlordand Tenant shall not be required to remove such computer lines, at its optionwiring and cabling. If Landlord fails to respond to Tenant within such fifteen (15) day period, may deem all or any part of such Tenant’s Property Landlord shall be deemed to have been abandoned by withheld its consent to such computer lines, wiring and cabling remaining in the Premises, and Tenant shall remove such computer lines, wiring and title thereof shall immediately pass to Landlord under cabling at the expiration of the Term or sooner termination of this Lease 75 (as by a bxxx such abandonment is described in Paragraph 16.1) 76 at the expiration of sale.the Term or sooner termination of this Lease
Appears in 1 contract
Surrender of Premises. Upon On or before the terminationTermination Date, whether by lapse Tenant shall surrender possession of time the Premises to Landlord, together with any and all card keys or otherwise, or upon any termination other access devices. Prior to such surrender Tenant shall remove from the Premises all of Tenant's furniture, equipment and personal property and any collateral in which a lender to Tenant holds a security interest. In connection with Tenant’s right surrender of the Premises, Tenant shall not be obligated to possession remove any fixtures, alterations or cabling nor make any repairs or reimburse Landlord for any repairs to the Premises, but will remove any hazardous waste or related materials that Tenant has brought onto the Premises (“Tenant’s Hazardous Waste”). Tenant shall surrender the Premises in “AS IS” condition (except as expressly provided in this Agreement) without termination any obligation to comply with Section 13.2 of the Lease. Tenant shall obtain and file a termination of any Uniform Commercial Code filing covering any collateral located at the Premises in which any lender to Tenant holds a security interest, and shall provide Landlord with a copy of the filed termination statement. Tenant will at once surrender possession shall have no further right, title, interest or benefit in, to or under the Premises and/or the Lease following the Termination Date, and vacate Landlord may dispose of all furniture, equipment, cabling or personal property that Tenant leaves on the PremisesPremises after the Termination Date. Tenant shall defend, together with all Leasehold Improvements indemnify and hold Landlord harmless from and against any expenses, costs (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereofincluding reasonable attorneys’ fees), to Landlord in good condition and repairlosses, ordinary wear and tear excepted; conditions existing because of claims, or damages arising from Tenant’s failure to perform maintenanceremove Tenant’s Hazardous Waste or equipment from the Premises by the Termination Date; provided, repairs however, the foregoing indemnification and defense obligations shall not pertain to any expenses, costs, attorneys’ fees, losses, claims, or replacements damages arising from Tenant’s failure to surrender the Premises on or before the Termination Date because they are addressed elsewhere in this Agreement. If Tenant fails to surrender possession of the Premises to Landlord by the Termination Date as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Agreement, then Tenant shall surrender pay Landlord Liquidated Damages (defined below) as Landlord’s exclusive damage remedy and Landlord may specifically enforce the terms of this Agreement, including bringing an unlawful detainer action to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which evict Tenant is permitted to leave on from the Premises. Subject Tenant will stipulate to an Eviction Judgment (“Judgment”) and Writ of Restitution (“Writ”) in the Landlord’s rights under Section 23 hereofform attached hereto as Exhibits 1 and 2, if and agrees Landlord may enter the Judgment and enforce the Writ without obligation to demonstrate damage or post a bond if, and only if, Tenant fails to remove any of Tenant’s Property within one (1) day after surrender the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, Premises by the Termination Date. Landlord shall be entitled to remove and/or store an award of attorney fees, costs and expenses in such Tenant’s Property action. Landlord shall not have the right to enter the Judgment or enforce the Writ unless Tenant fails to surrender possession of the Premises by the Termination Date, and Landlord shall be in no event be responsible for the valuedefend, preservation indemnify and hold Tenant harmless from and against any expenses, costs (including reasonable attorneys’ fees), losses, claims, or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice damages arising from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.’s
Appears in 1 contract
Samples: Lease Termination and Surrender Agreement (SCOLR Pharma, Inc.)
Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without earlier termination of the Term of this Lease, Tenant will at once shall peaceably quit and surrender possession to Landlord the Premises in neat and vacate the Premisesclean condition and in good order, condition and repair, together with all Leasehold Improvements 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 those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereofas hereinafter provided), to Landlord in good condition and repair, excepting only ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenanceuse and damage by fire or other casualty for which, 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 Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination 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 right 's Removable Property and, to possession hereunderthe extent specified by Landlord, Landlordall 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 's sole cost and expenses, shall be entitled expense. Notwithstanding any provision herein to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlordcontrary, upon demandthe expiration or earlier termination of this Lease with respect to the Premises, or any and all reasonable expenses caused by such removal and all storage charges against such property so long as portion thereof which includes the same shall be in possession of Landlord or under the control of Landlord. In additionTest Pits, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordshall, at its optionsole 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 a Default hereunder and in such event Landlord, in addition to its other remedies hereunder, at law or in equity may deem all or any part apply as much of the Security Deposit as is required to effect such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salerestoration.
Appears in 1 contract
Samples: Lease Agreement (Beacon Power Corp)
Surrender of Premises. Upon At the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination expiration of the Leasetenancy hereby created, Tenant will at once shall peaceably surrender possession and vacate the Leased Premises, together with including all Leasehold Improvements alterations, additions, improvements, decorations and repairs made thereto which were approved by Landlord (except those Leasehold Improvements but excluding all trade fixtures, equipment, signs and other personal property installed by Tenant, provided that in no event shall Tenant is required to remove pursuant to Section 8 hereofany of the following materials or equipment without Landlord’s prior written consent: any free-standing signs, any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other similar building operating equipment and decorations), to Landlord in good first class condition and repair, 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 tear.” Tenant shall surrender , subject to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereofreasonable approval, and damage by casualty, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Leasefully insured, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofexcepted. Tenant shall pay Landlordremove all its property not required to be surrendered to Landlord before surrendering the Leased Premises as aforesaid, upon demand, and shall repair any and all reasonable expenses damage to the Leased Premises caused by such removal and all storage charges against such thereby. Any personal property so long as remaining in the same shall Leased Premises at the expiration of the Lease period may be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been deemed abandoned by Tenant and title thereof Landlord may claim the same and shall immediately pass in no circumstances have any liability to Tenant therefor or, at Landlord’s election, Landlord may cause the removal of such property and Tenant shall pay to Landlord under 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 obligation to observe or perform this Lease as by a bxxx covenant shall survive the expiration or other termination of salethe term of this Lease.
Appears in 1 contract
Surrender of Premises. Upon On expiration of this Lease or within five days after the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without earlier termination of the LeaseTerm, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord the Premises “broom clean” and “As Is” condition (subject, however, to Tenant’s compliance with all keys maintenance and repair obligations with respect to the Premises set forth in Section 7.1 of this Lease), except for ordinary wear and make known tear, those items to be repaired or maintained by Landlord the explanation of all combination locksas set forth in Section 7.2 above, which Tenant is permitted to leave on the Premises. Subject and destruction to the Landlord’s rights under Premises covered by Section 23 hereof, 15. Tenant shall remove all its personal property and all Alterations required to be removed pursuant to Section 6.2 of this Lease within the above-stated time. Tenant shall perform all restoration made necessary by the removal by Tenant (or by Landlord if Tenant fails to remove remove) of any of Tenant’s Property within one (1) day after the termination of this Lease, Alterations or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be personal property within the time periods stated in this Section. In no event shall Tenant be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails required to remove any Tenant’s Property from Cabling installed by or on behalf of Tenant (before or after the Premises or storageLease Date). Subject to applicable law, as the case may be, within and after ten (10) days after 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 personal property that Tenant does not remove from the Premises on expiration of this Lease or within five (5) days after the earlier termination of the Term as allowed or required by this Lease. Title to any such alterations or to any of Tenant’s personal 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, Landlord, at its option, may deem all ’s retention or disposition of any such alterations or any part of such Tenant’s Property to have been abandoned by personal property. Tenant and title thereof shall immediately pass be liable to Landlord under this Lease as by a bxxx for Landlord’s costs for storing, removing, and disposing of saleany such Alterations or any of Tenant’s personal property.
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” . Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any of Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx xxxx of sale.
Appears in 1 contract
Samples: Office Lease Agreement (VirtualArmour International Inc.)
Surrender of Premises. Upon Tenant shall deliver the terminationPremises to Landlord upon the expiration or sooner termination of the Term or upon termination of Tenant’s right of possession of the Premises in as good condition as when Tenant was first entitled to possession thereof, ordinary wear and fire and other casualty not resulting from Tenant’s negligence excepted, failing which Landlord may restore the Premises to such condition and Tenant shall pay Landlord the cost thereof in accordance with the provisions of Paragraph 24N hereof. All installations, alterations, additions, hardware, non-trade fixtures and improvements, temporary or permanent, except movable furniture, trade fixtures and equipment belonging to Tenant, (“Fixtures”) in or upon the Premises, whether placed there by Tenant or Landlord, shall be Landlord’s property and shall be relinquished to Landlord in good condition, ordinary wear and tear excepted, at the termination of this Lease or Tenant’s right to possession by lapse of time or otherwise, all without compensation, allowance or credit to Tenant; provided, however, that if prior to such termination or within fifteen (15) days thereafter Landlord so directs by notice, Tenant shall promptly remove the Fixtures placed in or upon any termination of Tenant’s right to possession without termination of the Lease, Premises by Tenant will at once surrender possession and vacate designated in the notice and restore the Premises, together with all Leasehold Improvements (except those Leasehold Improvements failing which Landlord may remove the same and Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlordshall, upon demand, any and all reasonable expenses caused by pay to Landlord the cost of such removal and all storage charges against such property so long as of any necessary restoration of the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salePremises.
Appears in 1 contract
Surrender of Premises. Upon the termination, whether by lapse of time Expiration Date or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the other termination of this Lease, Tenant shall peaceably quit and surrender to City the Premises in good order and condition, normal wear and tear excepted, free of debris and hazards, after having made the last necessary repair required by Tenant under this Section (and damage caused by casualty or condemnation excepted). The Premises shall be surrendered free and clear of all liens and encumbrances caused by Tenant’s . Tenant shall, before the Expiration Date or other termination of this Lease, remove all of Tenant's Property and repair any damage resulting from the removal; provided, however, that City shall have the right to possession require Tenant to leave all or a portion of the Tenant Cables in place if City notifies Tenant of its exercise of such right in writing prior to the Expiration Date or other termination of this Lease. Tenant's removal and repair work pursuant to this Section shall be performed (a) at Tenant's expense and at such time and, when required hereunder, Landlordin such manner as reasonably approved by City, (b) by duly licensed and bonded contractors or mechanics, (c) in a manner and using equipment and materials which will not interfere with or impair City's operations, use or occupation of the Building or the Building Systems, and (d) in accordance with any Building Rules and Regulations and all applicable Laws. Tenant's obligations under this Section shall survive the Expiration Date or other termination of this Lease. Any items of Tenant's Property which shall remain in the Premises after the Expiration Date of this Lease may, at Tenant’s sole cost the option of City, be deemed abandoned and expensesin such case may be disposed of by City in accordance with Civil Code Section 1980 et seq. or any other manner allowed by law. Concurrently with the surrender of the Premises as provided above, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In additionagrees, if Tenant fails requested by City, to remove any Tenant’s Property from execute, acknowledge and deliver to City a quitclaim deed to the Premises and any other instrument reasonably requested by City to evidence or storage, as otherwise effect the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all termination of Tenant's leasehold estate hereunder and to effect such transfer or any vesting of title to the Tenant Improvements or other improvements or equipment which are to remain part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease the Premises as by a bxxx of sale.provided herein.
Appears in 1 contract
Samples: Communications Site Lease
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject 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 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). All alterations, additions or improvements made in or upon the Premises shall, at Landlord’s option (to 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. Except as otherwise provided in Exhibit D, in connection with Landlord’s rights under Section 23 hereof, if Tenant fails to remove review and approval of any of Tenant’s Property within one proposed alterations, additions or improvements to 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 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 (1defined below) day after 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; provided, further, Landlord will not require Tenant to remove any wiring or cabling upon the expiration or earlier termination of this Lease. 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 Tenantimprovements in question at the end of the Term unless, contemporaneously with Landlord’s right notice of approval to possession hereunderTenant with respect to the improvements in question, Landlord notifies Tenant in writing that Landlord will require Tenant to remove such alterations 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 TenantLandlord’s sole cost written request, remove all such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and expensesfurniture as Landlord may request; however, Tenant shall not be entitled required to remove and/or store such Tenant’s Property and any addition or improvement to the Premises or the Project if Landlord shall has specifically agreed in writing that the improvement or addition in question need not be in no event be responsible for the value, preservation or safekeeping thereofremoved. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord's option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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 immediately pass to Landlord under this Lease as by a bxxx survive the end of salethe Term.
Appears in 1 contract
Samples: Lease Agreement (Alco Stores Inc)
Surrender of Premises. Upon Tenant will surrender the termination, whether by lapse of time Premises to Landlord at the expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord this Lease in good order, condition and repair, 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 “repair (reasonable wear and tear.” Tenant shall , permitted Alterations, and damage by casualty or condemnation excepted), and will surrender to Landlord all keys to the Premises and make known to Landlord at the explanation place then fixed for Tenant’s payment of Basic Rent or as Landlord otherwise directs. Tenant will also inform Landlord of all combination combinations on locks, which safes and vaults, if any, in the Premises or on the Property. Tenant is permitted to leave on will at such time remove all of its property from the Premises and, if Landlord required as a condition of its consent, all specified Alterations carried out by Tenant in the Premises. Subject Tenant will promptly repair any damage to the Premises caused by such removal. If Tenant does not surrender the Premises in accordance with this section, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord’s rights under Section 23 hereof), if Tenant fails to remove protect and hold harmless Landlord from and against any of Claim resulting from Tenant’s Property within one (1) delay in so surrendering the Premises, 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 after of the termination of this Lease, or Term is deemed abandoned. Tenant appoints Landlord as Tenant’s right agent to possession hereunder, Landlordremove, at Tenant’s sole cost and expensesexpense, shall be entitled to remove and/or store such all of Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at upon termination of this Lease and to cause its option, may deem all or any part of such transportation and storage for Tenant’s Property to have been abandoned by Tenant benefit, all at the sole cost and title risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleor in any manner in respect thereto.
Appears in 1 contract
Samples: Lease Agreement (Xata Corp /Mn/)
Surrender of Premises. The voluntary or other surrender of this Lease by the Tenant, or a mutual cancellation thereof, shall not automatically work a merger of the Landlord's and Tenant's estates. At the option of the Landlord such a surrender shall terminate all or any existing subleases or subtenancies, or may, at the option of the Landlord, operate as an assignment to it of any or all such subleases or subtenancies. Upon the terminationtermination of the Term, whether by lapse of time or otherwise, the Tenant shall surrender the Premises in the same condition as they have been received, excepting only reasonable use and wear and tear and damage by act of God or by the elements. If the Tenant is requested in writing by the Landlord to remove any personal property from the Building upon any termination of Tenant’s right to possession without the termination of the Lease, Tenant will at once surrender possession Lease and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required shall have failed to remove pursuant to Section 8 hereof)same, to the Landlord may at its option remove Tenant's personal property in good condition the manner the Landlord may choose and repair, 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 tear.” Tenant shall surrender to Landlord all keys store said personal property without liability to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping loss thereof. Tenant shall pay Landlord, upon demand, the Landlord on demand any and all reasonable expenses caused by incurred in such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as including court costs and attorney's fees. The Landlord may, in its sole discretion, without notice, sell the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all personal property or any part thereof at private sale and without legal process for such price as the Landlord may obtain. Landlord shall apply the proceeds of such the sale first upon the expense incident to the removal and sale of the personal property, apply the balance to any amounts due from the Tenant to the Landlord pursuant to this Lease, and hold any additional balance, without interest, for the benefit of the Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.
Appears in 1 contract
Samples: Lease Agreement (International Assets Holding Corp)
Surrender of Premises. Upon the termination, whether by lapse of time Expiration Date or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the other termination of this Lease, Tenant shall peaceably quit and surrender to Authority the Premises in good order and condition, normal wear and tear excepted, free of debris and hazards, after having made the last necessary repair required by Tenant under this Section (and damage caused by casualty or condemnation excepted). The Premises shall be surrendered free and clear of all liens and encumbrances caused by Tenant’s . Tenant shall, before the Expiration Date or other termination of this Lease, remove all of Tenant's Property and repair any damage resulting from the removal; provided, however, that Authority shall have the right to possession require Tenant to leave all or a portion of the Tenant Cables in place if Authority notifies Tenant of its exercise of such right in writing prior to the Expiration Date or other termination of this Lease. Tenant's removal and repair work pursuant to this Section shall be performed (a) at Tenant's expense and at such time and, when required hereunder, Landlordin such manner as reasonably approved by Authority, (b) by duly licensed and bonded contractors or mechanics, (c) in a manner and using equipment and materials which will not interfere with or impair Authority's operations, use or occupation of the Building or the Building Systems, and (d) in accordance with any Building Rules and Regulations and all applicable Laws. Tenant's obligations under this Section shall survive the Expiration Date or other termination of this Lease. Any items of Tenant's Property which shall remain in the Premises after the Expiration Date of this Lease may, at Tenant’s sole cost the option of Authority, be deemed abandoned and expensesin such case may be disposed of by Authority in accordance with Civil Code Section 1980 et seq. or any other manner allowed by law. Concurrently with the surrender of the Premises as provided above, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In additionagrees, if Tenant fails requested by Authority, to remove any Tenant’s Property from execute, acknowledge and deliver to Authority a quitclaim deed to the Premises and any other instrument reasonably requested by Authority to evidence or storage, as otherwise effect the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all termination of Tenant's leasehold estate hereunder and to effect such transfer or any vesting of title to the Tenant Improvements or other improvements or equipment which are to remain part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease the Premises as by a bxxx of saleprovided herein.
Appears in 1 contract
Samples: Communications Site Lease
Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in as good condition, normal wear and tear, damage by fire or other casualty, damage by condemnation, and damage resulting from Landlord’s failure to perform its obligations under this Lease excepted. Tenant shall arrange to meet Landlord for two (2) joint inspections of the Premises, the first to occur at least thirty (30) days (but no more than sixty (60) days) before the last day of the Term, and the second to occur not later than forty-eight (48) hours after Tenant has vacated the Premises. After such inspections, Landlord shall provide Tenant with an inspection report (the “Inspection Report”) which shall describe in reasonable detail, any failure(s) (if any), in Landlord’s opinion of Tenant to surrender the Premises in the condition required by this Paragraph 28 (“Surrender Defaults”), which Inspection Report shall not limit Tenant’s obligations to perform Corrective Action under this Lease nor constitute a waiver of Landlord’s right to possession hereunderrequire the repair of items unknown to Landlord at the time of such inspection(s) if such items could not have reasonably been discovered pursuant to a visual inspection of the premises (“Latent Repair Items”). In the event Tenant does not attempt to arrange such joint inspections and/or attempt to participate in either such inspection, provided Landlord has given Tenant not less than two (2) business days prior written notice of Landlord’s inspection, Landlord, ’s inspection at or after Tenant’s sole cost and expenses, vacating the Premises shall be entitled to remove and/or store such conclusively deemed correct for purposes of determining Tenant’s Property responsibility for repairs and Landlord restoration necessitated by Tenant’s failure to surrender the Premises in the condition required by this Paragraph 28. If the Inspection Report does not indicate any Surrender Defaults or Tenant cures any Surrender Defaults indicated in the Inspection Report, except as to any Corrective Action that Tenant may be required to perform under this Lease and excluding the repair of Latent Repair Items discovered with in twelve (12) months after the expiration or sooner termination of this Lease, Tenant shall be deemed to have surrendered the Premises in no event be responsible for the value, preservation or safekeeping thereofcondition specified in this Paragraph 28. Tenant shall pay Landlordhave no obligation to remove any Tenant Alterations or personal property or fixtures of Tenant except as expressly set forth in Paragraph 9 above. If upon the expiration or sooner termination of this Lease Paragraph 9 above requires Tenant to remove any Tenant Alterations or its personal property or fixtures, upon demand, any Tenant shall remove the same and repair all reasonable expenses damage to the Premises or Building caused by such removal removal. The provisions of this Paragraph shall survive the expiration or sooner termination of this Lease. Subject to the limitations in California Civil Code Section 1980-1991 and all storage charges against such California Code of Civil Procedure Section 1174, title to any Tenant property so long as remaining on the same shall be Premises following the vacating thereof upon the expiration or sooner termination of this Lease shall, at Landlord’s option, exercisable upon written notice at any time thereafter to Tenant, transfer to and vest title thereto in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saledesignee.
Appears in 1 contract
Surrender of Premises. Upon the termination, whether by lapse of time Expiration Date or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition specified in Article 9 above. On or Tenant’s right to possession hereunderbefore the Expiration Date or earlier termination of this Lease, Landlord, Tenant shall remove all of its personal property from the Premises and repair at Tenant’s sole its cost and expenses, shall be entitled expense all damage to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation Premises or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses Building caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordremoval. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its cost and expense, shall remove all Lines installed by or for Tenant that are located
(i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and title thereof shall immediately pass Landlord may, without any liability to Landlord under this Lease as Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by a bxxx of salelaw.
Appears in 1 contract
Samples: Office Lease (Mobitv Inc)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary 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; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Provided that Tenant fails to remove any has performed all of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession its obligations hereunder, LandlordTenant may remove all unattached trade fixtures, at furniture, and personal property placed in the Premises by Tenant’s sole cost , and expensesshall remove such alterations, shall be entitled to remove and/or store such Tenant’s Property additions, improvements, trade fixtures, personal property, equipment, wiring, and furniture as Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofmay request. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same removed shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property deemed to have been abandoned by Tenant and title thereof 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 immediately pass 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 under and Tenant agree that any termination of this Lease or any dispossession of Tenant 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 by set forth in a bxxx written notice from Landlord (a "Termination Notice"); and (ii) the earlier to occur of sale(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 deposits with Landlord Rent equal to the 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 the Termination Notice, such failure shall be 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 limited to, those set forth in Article 18 hereof.
Appears in 1 contract
Samples: Lease Agreement (Privatebancorp Inc)
Surrender of Premises. Upon At the termination, whether by lapse expiration of time or otherwisethe term of tbis Lease, or upon any sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once shall quit and surrender possession and vacate the Leased Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)alterations, to Landlord additions and improvements that may have been made in, tO, or on the Leased Premises, in good condition and repair, ordinary reasonable wear and tear and damage by acts of God excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements . So long 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 Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights not in default under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, he/she may remove all movable furniture or unattached movable fixtures owned by Tenant If the Leased Premises are not surrendered at the end of the Lease term, tenant shall indemnify Landlord against loss of liability resulting from delay by Tenant in surrendering the Premises including, without limitation, any claims made by any succeeding Tenant founded on said delay. On or before the expiration of the Lease term, the Tenant shall remove all of his/her property from the Leased Premises, and all property not removed shall be deemed abandoned by he Tenant’s . In tbat event Landlord shall have the unrestricted right to possession hereunderdismantle, Landlorddestroy, at dispose of or use said property in any manner which he/she may see fit whiteout any liability or responsibility to Tenant’s sole cost and expenses, shall be entitled or to remove and/or store such others claiming through Tenant’s Property and , for said property or for any proceeds Landlord shall be in no event be responsible for the value, preservation may realize from any disposition or safekeeping use thereof. Tenant shall pay Landlordto Landlord any costs reasonably incurred by Landlord in removing, upon demandstoring, dismantling or disposing of any and all reasonable expenses caused by such removal and all storage charges against such property so long as to the same shall be in possession of extent that such costs exceed any amount realized by Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part disposition of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleproperty.
Appears in 1 contract
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to Provided that no Event of Default exists or any other condition exists which with the passage of time, the giving of notice, or both, could constitute an Event of Default, 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 rights under Section 23 hereofoption, if Tenant fails 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 within one (1) day after addition or improvement to the termination of this Lease, Premises or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofremoved. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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 immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. The provisions of this Lease as by a bxxx Section 21 shall survive the end of salethe Term.
Appears in 1 contract
Surrender of Premises. Upon All improvements to the terminationPremises (collectively, whether “Leasehold Improvements”) shall be owned by lapse of time Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove Tenant’s Removable Property (defined below) from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear tear, casualty loss and condemnation excepted. 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; conditions existing because (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 failure to perform maintenance, repairs plans and specifications (or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys 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 be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and make known at no cost to Landlord the explanation of all combination locksLandlord, which require Tenant is permitted to leave on any of its Special Installations in the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within one (1) day 2 days after the termination of this Lease, Lease or of Tenant’s right to possession hereunderpossession, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or and store such Tenant’s Property and Removable Property. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant’s Removable Property. Tenant shall pay Landlord, upon demandwithin 30 days after written notice, the expenses and storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any and all reasonable expenses caused by such removal and all storage charges against such property so long as unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the same shall be in possession of Landlord or under the control of Landlordpreceding sentence. In addition, if Tenant fails to remove any Tenant’s Removable Property from the Premises or storage, as the case may be, within ten (10) 30 days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Removable Property to have been abandoned be abandoned, 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 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 title thereof which shall immediately pass not be unreasonably withheld), Tenant may remain in the Premises for up to Landlord under 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 as is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by a bxxx Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of saletermination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.
Appears in 1 contract
Samples: Office Lease (GameFly Inc.)
Surrender of Premises. Upon On the termination, whether by lapse last day of time or otherwise, the Sublease Term or upon any sooner termination of Tenant’s right this Sublease, Sublessee shall surrender the Premises to possession without termination of the LeaseSublessor in good, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements broom clean condition (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant , acts of God, condemnation and casualties excepted), subject to the requirements of the Master Lease. The foregoing notwithstanding, with respect to casualties covered by the insurance required to be carried by Sublessee pursuant to Paragraph 27 of the Master Lease, Sublessee shall surrender assign all insurance proceeds received by Sublessee and payable to Landlord Lessor under the Master Lease to Sublessor. Sublessee shall remove from the Premises all keys of Sublessee's personal property, trade fixtures and those alterations, improvements and modifications required by Sublessor to be removed under Paragraph 5 of the Master Lease as incorporated under Paragraph 3.4 above, or required by Lessor to be removed pursuant to Paragraph 5 of the Master Lease. All personal property and trade fixtures not so removed shall be deemed abandoned by Sublessee. Furthermore, Sublessee shall immediately repair all damage to the Premises and make known to Landlord caused by any such removal. If the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the Premises are not so surrendered at termination of this LeaseSublease, Sublessee shall indemnify Sublessor against any loss or Tenant’s right to possession hereunderliability resulting from delay by Sublessee in so surrendering the Premises, Landlordincluding, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demandwithout limitation, any and all reasonable expenses caused claims made by such removal and all storage charges against such property so long as the same shall be in possession of Landlord any succeeding sublessee or under the control of Landlord. In addition, if Tenant fails tenant or losses to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property Sublessor due to have been abandoned by Tenant and title thereof shall immediately pass lost opportunities to Landlord under this Lease as by a bxxx of salelease to succeeding tenants.
Appears in 1 contract
Surrender of Premises. Upon Notwithstanding anything contained in this First Amendment or in any other provision of the terminationLease to the contrary, whether by lapse Tenant hereby agrees to surrender possession of time or otherwisethe Premises, or upon any termination of Tenant’s right including, but not limited to, all improvements thereto (excluding trade fixtures and equipment which Tenant is entitled to possession without termination remove pursuant to the Terms of the Lease, Tenant will at once surrender possession hereby specifically acknowledging and vacate agreeing that Tenant has no right to remove any supplemental heating, ventilation or air conditioning equipment installed in or upon, or serving, the Premises), together no later than five o'clock (5:00) p.m. eastern standard time on the Expiration Date as amended hereby (i.e,; December 19, 1997) in accordance with all Leasehold Improvements terms and conditions of the Lease, free and clear of all tenancies and occupancies, "broom clean" and otherwise in the condition required under the Lease, THE TENANT HEREBY WAIVING ANY AND ALL NOTICES TO QUIT PROVIDED FOR IN THE LEASE OR PURSUANT TO CURRENT OR FUTURE LAW. On or before the Expiration Date (except those Leasehold Improvements as amended hereby), Tenant shall also (a) return to the Landlord all keys, all parking passes or other access devices (if any) then in the possession, custody or subject to the control of the Tenant, and (b) remove all personal property of the Tenant and any alterations or leasehold improvements which the Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on from the Premises. Subject Sections 17 and 18 of the Lease shall apply to Tenant's surrender of the Landlord’s rights Premises as if December 19, 1997 was the original Expiration Date of the Lease. If Tenant fails to surrender the Premises as required hereby on or before December 19, 1997, Tenant's failure to surrender the Premises shall be considered an Event of Default under Section 23 hereofthe Lease, and Landlord may pursue any remedy available to it under the terms of the Lease or at law or in equity. Without limiting the preceding sentence, Tenant hereby agrees that, if Tenant fails to remove any surrender possession of Tenant’s Property within one the Premises in accordance with this Section 5 on or before December 19, 1997, (1a) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlordto the Landlord as damages for the Tenant's holdover a monthly sum (pro-rated on a daily basis for any partial month of holdover) equal to two hundred percent (200%) of the Base Rent in effect immediately prior to the Expiration Date, upon demandand (b) the Tenant shall defend, indemnify and hold the Landlord harmless from and against any and all reasonable expenses caused claims, costs, damages, expenses, fees, liabilities or suits asserted against or incurred by the Landlord as a direct or indirect result of such removal and all storage charges against such property so long holdover. If Tenant fails for any reason to surrender possession of the Premises in accordance with the provisions of this Section 5 on or before 5:00 p.m. on December 27, 1997, then, in addition to Landlord's remedies as set forth in the same preceding sentence, the Surrender Fee set forth in this First Amendment shall be retained by Landlord as additional liquidated damages, and, at Landlord's option, this First Amendment may be declared null and void ab initio. Tenant specifically acknowledges and agrees that no provision of the Lease (including, but not limited to Section 34 thereof) or applicable law shall be deemed to extend the dates set forth in possession of Landlord this Section 5, or under to excuse or relieve Tenant from liability as set forth herein with respect to the control of Landlord. In addition, if Tenant fails failure to remove any Tenant’s Property from timely surrender the Premises as required pursuant to this Section 5. The Tenant hereby represents and warrants to the Landlord that the Tenant has not brought, stored or storageused any hazardous or toxic substances, as materials or wastes in or upon the case may bePremises, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all nor has the Tenant suffered any other person or entity to do any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salethe same.
Appears in 1 contract
Samples: Deed of Lease (Tcsi Corp)
Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any sooner termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and without debris, with all machinery, equipment, furnishings and personal property removed therefrom, and in the same condition as received by Tenant except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Paragraphs 22 and 23. In addition, Landlord may require Tenant to remove any Alterations (whether or not made with Landlord’s consent) prior to the termination of the Lease and to restore the Premises to its prior condition, all at Tenant’s right expense. All Alterations which Landlord has not required Tenant to possession without remove shall become Landlord’s property and shall be surrendered to Landlord upon the termination of the Lease, except that Tenant will at once surrender possession may remove (and vacate shall remove if so required by Landlord) any of Tenant’s machinery or equipment which can be removed without material damage to the Premises. Tenant shall repair, together with all Leasehold Improvements (except those Leasehold Improvements at Tenant’s expense, any damage to the Premises or the Project caused by the removal of any such machinery or equipment. In no event, however, shall Tenant is required to remove pursuant to Section 8 hereof)any of the following materials or equipment without Landlord’s prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other HVAC equipment; fencing or security gates; or other similar building operating equipment and decorations. Tenant shall give written notice to Landlord in good condition at least thirty (30) days’ prior to vacating the Premises and repair, ordinary wear and tear excepted; conditions existing because shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to perform maintenancegive such notice or participate in such joint inspection, repairs Landlord’s inspection at or replacements as required of Tenant under this Lease after Txxxxx’s vacating the Premises shall not conclusively be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation correct for purposes of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of determining Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost responsibility for repairs and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salerestoration.
Appears in 1 contract
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located. therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to Provided that Xxxxxx 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. Additionally, at Landlord’s rights under Section 23 hereofoption, if Tenant fails 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 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. Landlord hereby confirms that Xxxxxx is required to remove the wiring, conduits and cabling to be installed by Tenant as a part of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofWork. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in accordance with applicable Laws. The provisions of this Section 21 shall immediately pass to Landlord under this Lease as by a bxxx survive the end of salethe Term.
Appears in 1 contract
Surrender of Premises. Upon Subject to the terminationterms and conditions of this Lease, whether no act by lapse Landlord shall be deemed an acceptance of time 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 otherwise, or upon any termination of Tenant’s right to possession without earlier termination of the Term of this Lease, Tenant will at once surrender possession shall remove any Hazardous Materials stored on the Premises during the Term and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary broom‑clean, reasonable wear and tear and condemnation and Casualty damage (as to which Sections 15 and 16 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to shall remove all trade fixtures, equipment furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (“Tenant’s Property”). Tenant shall not remove any item which is attached to the Premises and which is identified on a list to be developed by Landlord and Tenant during construction, or reasonably promptly following substantial completion, of Landlord’s Work (the “Excluded Fixtures”). Excluded Fixtures shall not be considered Tenant’s Property from for any purpose under this Lease. Landlord and Tenant agree that before or reasonably promptly after the Term Commencement Date, they shall execute an amendment to this Lease incorporating the list of Excluded Fixtures herein, and Tenant’s obligation to keep the Premises in good condition and repair pursuant to Section 9(b) above shall extend to the Excluded Fixtures. Tenant shall not remove any wiring or storagecabling, as except with Landlord’s express written approval. Additionally, at Landlord’s option, Tenant shall remove such alterations, additions, and improvements made by Tenant following the case may beTerm Commencement Date and repair all damage caused by such removal, provided that Landlord shall have delivered written notice to Tenant at the time of Landlord’s consent to, or within ten thirty (1030) days after written following Landlord’s receipt of notice from Landlordfor, Landlordsuch alterations (as set forth in Section 9), requiring removal at its optionthe expiration of the Term; provided, may deem all or however, for the avoidance of doubt, Landlord shall not require that Tenant remove and restore any improvements made by Landlord as part of such Landlord’s Work identified on Exhibit D hereto. All Tenant’s Property not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and title thereof may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord upon ten (10) business days written notice to Tenant and without any obligation to account for such items; any such disposition shall immediately pass to Landlord under not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the Landlord’s statutory lien. The provisions of this Lease as by a bxxx Section 22 shall survive the end of salethe Term.
Appears in 1 contract
Samples: Lease Agreement (Spring Bank Pharmaceuticals, Inc.)
Surrender of Premises. Upon A. At the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without earlier termination of the term of this Lease, Tenant will shall peaceably surrender the Premises in broom clean condition and good order and repair and otherwise in the same condition as the Premises was upon the commencement of this Lease, except ordinary wear and tear, fire or other unavoidable casualty.
B. If Landlord elects to require that alterations, installations, changes, replacements, additions or improvements made by Tenant to the Premises be removed at once surrender possession the termination of this Lease, Tenant hereby agrees to cause the same to be removed at its sole cost and vacate expense. If Tenant fails to remove the Premisessame, Landlord may cause them to be removed at Tenant's expense, and Tenant hereby agrees to reimburse Landlord for the reasonable cost of such removal together with all Leasehold Improvements (except those Leasehold Improvements and any damages which Landlord may suffer and sustain by reason of the failure of Tenant is required to remove pursuant to Section 8 hereof)the same. At Landlord's election, to Landlord in good condition and repairany or all of the alterations, ordinary wear and tear excepted; conditions existing because installations, changes, replacements, additions to, or improvements made by Tenant upon the Premises shall remain at the termination of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall and not be deemed “reasonable wear and tear.” removed. Tenant shall surrender to Landlord all keys to for the Premises at the place then fixed for the payment of rent and make known to shall notify Landlord the explanation in writing of all combination combinations of locks, which Tenant is permitted to leave on safes, and vaults, if any, in the Premises. Subject Tenant's obligation to observe and perform the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any covenants set forth in this Paragraph 24 shall survive the expiration or earlier termination of Tenant’s Property within one (1) day after this Lease.
C. At the expiration or earlier termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost Tenant shall immediately remove all property that it owns and expenses, shall be entitled is permitted to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises under the provisions of this Lease, and, failing to do so, Landlord at its option may either (i) cause that property to be removed at the risk and expense of Tenant (both as to loss and damage), and Tenant hereby agrees to pay all costs and expenses incurred thereby, including sums paid to store the property elsewhere and the cost of any repairs to the Premises caused by the removal of the property, or storage, as the case may be, within (ii) upon ten (10) days after days' written notice to Tenant, which the parties agree is commercially reasonable, sell at public or private sale any or all of such property, whether exempt or not from sale under execution or attachment, with the proceeds to be applied as set forth in Paragraph 22.A., or (iii) at Landlord, Landlord, at its 's option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleLandlord.
Appears in 1 contract
Samples: Lease Agreement (Earthshell Corp)
Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s right to of possession without termination of the Leasehereunder, Tenant will at once surrender possession and vacate shall remove all Tenant’s Property from the Premises, together with remove all Leasehold Improvements Required Removables (except those Leasehold Improvements Tenant is required if any) under Section 8.03, and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear (and, if applicable, damage due to casualty or condemnation or other damage which Landlord is obligated to repair hereunder) excepted; conditions existing because . Tenant shall repair any damage caused by the installation or removal of Tenant’s failure to perform maintenance, repairs Property 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 Tenant is permitted to leave on the PremisesRequired Removables. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property or to restore or repair the Premises to the required condition as provided herein upon the expiration of the Term of this Lease (or, as applicable, within one two (12) day days after the any earlier termination of this Lease, Lease or Tenant’s right to possession hereunder), then Landlord, upon written notice to Tenant and at Tenant’s sole cost and expensesexpense, shall be entitled entitled, but not obligated, to remove and/or and store such Tenant’s Property and and/or perform such restoration or repair of the Premises. Landlord shall be in no event not be responsible for the value, preservation preservation, or safekeeping thereof. of Tenant’s Property, and Tenant shall pay to Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordincurred. In addition, if If Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and and, at Landlord’s option, title thereof to Tenant’s Property shall immediately pass to vest in Landlord under this Lease as by a bxxx or Landlord may dispose of saleTenant’s Property in any manner Landlord deems appropriate.
Appears in 1 contract
Surrender of Premises. Upon All improvements to the terminationPremises (collectively, whether “Leasehold Improvements”) shall be owned by lapse of time Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove Tenant’s Removable Property (defined below) from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of . As used herein, the term “Tenant’s failure to perform maintenance, repairs Removable Property” shall mean: (A) Cable installed by or replacements as required for the benefit of Tenant under 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. Notwithstanding the foregoing: (i) Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises; and (ii) Landlord acknowledges and agrees that the Landlord’s Work installed in accordance with the Work Letter attached to 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 Tenant is permitted to leave on the Premisesa Special Installation hereunder. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within one two (12) day days after the termination of this Lease, Lease or of Tenant’s right to possession hereunderpossession, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or and store such Tenant’s Property and Removable Property. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as incurred for Tenant’s Removable Property. To the same shall 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 possession of Landlord or under the control of Landlordpreceding sentence. In addition, if Tenant fails to remove any Tenant’s Removable Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Removable Property to have been abandoned be abandoned, 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 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 title thereof which shall immediately pass not be unreasonably withheld), Tenant may remain in the Premises for up to Landlord under five (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 One Buckhead Plaza/Safety Quick Light LLC 21 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 as is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by a bxxx Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of saletermination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.
Appears in 1 contract
Surrender of Premises. Upon At the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination expiration of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs Term 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 Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in at least as good of condition and repair as of the Commencement (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 right Property (as hereinafter defined) and Tenant’s signage from the Premises and the other portions of the Project, and (ii) Landlord may, if notice was provided to possession hereunderTenant at the time of granting Landlord its consent as required under Section 10.1, Landlordor if Tenant did not then request such decision by Landlord pursuant to Section 10.1 then by notice 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 sole cost and expensesexpense, shall be entitled to remove and/or store any or all Alterations and Tenant shall remove such requested Alterations from the Premises. Tenant shall repair any damage caused by such removal of the Tenants Property and the requested Alterations. 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 and Landlord 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, however, Tenant shall remain liable to Landlord for all costs incurred in no event storing and disposing of such abandoned property of Tenant. 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, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long payment of Rent (as the same shall may be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails increased pursuant to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.Section 20 below)
Appears in 1 contract
Surrender of Premises. Upon 2.1 Tenant shall cause the termination, whether Premises to be vacated and surrendered to Landlord on or before the expiration or earlier termination of the Lease in the condition required by lapse Section 6.1.9 of time or otherwise, or upon any termination the Lease. Without limiting the generality of the foregoing description of Tenant’s right to possession without termination of the Leasesurrender obligations, Tenant will at once surrender possession and vacate the Premises, together shall complete all RAM Decontamination in accordance with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to this Section 8 hereof), to Landlord in good condition and repair, 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 tear.” 2 below. Tenant shall surrender to Landlord all keys to perform the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, foregoing obligations at Tenant’s sole cost and expensesexpense, and in compliance with all federal state and local laws, rules, regulations and ordinances, any decommissioning or decontamination requirements imposed by any licenses or permits maintained by Tenant in connection with the conduct of its business in the Premises, and the terms and conditions of the Original Lease as affected by this Amendment. Prior to the expiration or earlier termination of this Lease, Tenant shall deliver to Landlord copies of all applicable closure certifications from governmental authorities with jurisdiction over such decommissioning, including, without limitation, Agency Form 120.100-3 from the Radiation Control Program of the Massachusetts Department of Public Health (or equivalent information satisfactory to the Massachusetts Department of Public Health) with respect to any portions of the Premises that have been contaminated with RAM by Tenant or anyone claiming by, through or under Tenant. If Tenant shall fail to deliver the Premises to Landlord in the condition required by this Section 2 as of the last day of the Term, such failure shall constitute a holding over subject to Section 6.1.9 of the Lease until Tenant has surrendered the Premises in accordance with this Section 2.
2.2 In connection with Tenant’s surrender of the Premises, Tenant shall perform the following actions prior to the expiration or earlier termination of the Lease (the “RAM Decontamination”). Tenant will submit the required application for removal of the Premises from Tenant’s license from the Radiation Control Program, undertake the necessary decommissioning activities to be entitled to remove and/or store obtain such Tenant’s Property removal, report on the activities of Tenant in removing all RAM from the Premises, and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofobtain and furnish notice of such removal to Landlord. Tenant shall pay Landlord, upon demand, any also confirm that the closeout of the Premises complies with Tenant’s license and all reasonable expenses caused by such removal and all storage charges against such property so long as other applicable regulations of the same shall be in possession Commonwealth of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleMassachusetts.
Appears in 1 contract
Surrender of Premises. 33.1 Prior to the expiration or sooner termination of this Lease, the Parties shall have a Phase I/II environmental assessment test (“Exit Environmental Assessment”) performed and a complete an accurate copy provided to each Party. Tenant shall be responsible for the costs of the Phase I/II environmental assessment tests.
33.2 Upon the terminationexpiration or sooner termination of this Lease, whether by lapse Tenant shall surrender the Premises to Landlord, “broom clean” and without debris, with all specialty Tenant Improvements, machinery, equipment, furnishings and personal property removed therefrom, except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of time or otherwise, or upon any termination this Lease. The Parties agree that “ordinary wear and tear” means that there will be a gradual deterioration in condition resulting from Tenant’s normal use during the course of Tenant’s right business over the Term. Prior to Tenant taking possession without of the Premises, Landlord shall accurately document the condition Premises (the “Condition Documentation”), including equipment and fixtures, and shall provide a copy of the Condition Documentation prior to Tenant taking possession of the Premises. In the event that Landlord fails to provide the Condition Documentation to Tenant prior to Tenant taking possession of the Premises, the condition of the Premises shall be deemed to not exceed ordinary wear and tear. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Sections 22 and 23. All Alterations which Landlord has not required Tenant to remove shall become Landlord’s property and shall be surrendered to Landlord upon the termination of the Lease, except that Tenant will at once surrender possession may remove (and vacate shall remove if so required by Landlord) any of Tenant’s machinery or equipment which can be removed without material damage to the Premises, together with all Leasehold Improvements (except those Leasehold Improvements . Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and shall repair, ordinary wear at Tenant’s expense, any damage to the Premises caused by the removal of any such machinery or equipment. In no event, however, shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other HVAC equipment; fencing or security gates; or other similar building operating equipment and tear excepted; conditions existing because decorations. Tenant shall use commercially reasonable efforts to provide Landlord written notice at least thirty (30) days’ prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to perform maintenanceparticipate in such joint inspection, repairs Landlord shall make commercially reasonable attempts to schedule an inspection with Tenant at or replacements as required of after 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 Tenant is permitted to leave on vacates the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be but in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within later than ten (10) business days after written notice from Landlordvacating the Premises, Landlord, at its option, may deem all or any part of such Tenant’s Property and the parties shall come to have been abandoned by Tenant an agreement for repairs and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salerestoration.
Appears in 1 contract
Surrender of Premises. Upon All improvements to the terminationPremises (collectively, whether “Leasehold Improvements”) shall be owned by lapse of time Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove Tenant’s Removable Property (defined below) from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of . As used herein, the term “Tenant’s failure to perform maintenance, repairs Removable Property” shall mean: (A) Cable installed by or replacements as required for the benefit of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to 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 shall, within 10 Business Days after its receipt of a written request therefor from Tenant (which request must make known reference to this Section 29 of the Lease), notify Tenant in writing whether any Leasehold Improvements to be constructed in the Premises constitutes Special Installations. Notwithstanding the foregoing, Landlord the explanation of all combination locksmay, which in Landlord’s sole discretion and at no cost to Landlord, require Tenant is permitted to leave on any of its Special Installations in the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within one (1) day 2 days after the termination of this Lease, Lease or of Tenant’s right to possession hereunderpossession, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or and store such Tenant’s Property and Removable Property. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as incurred for Tenant’s Removable Property. To the same shall 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 possession of Landlord or under the control of Landlordpreceding sentence. In addition, if Tenant fails to remove any Tenant’s Removable Property from the Premises or storage, as the case may be, within ten (10) 30 days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Removable Property to have been abandoned be abandoned, 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 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 title thereof which shall immediately pass not be unreasonably withheld), Tenant may remain in the Premises for up to Landlord under 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 as is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by a bxxx Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of saletermination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.
Appears in 1 contract
Surrender of Premises. Upon the termination, whether by lapse By taking possession of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements as provided in Section 7, Tenant is required shall be deemed to remove pursuant to Section 8 hereof), to Landlord have accepted the Premises and the Property in good condition and repair, ordinary subject to all applicable laws, codes and ordinances. On the expiration or early termination of this Lease, Tenant shall surrender the Premises to Landlord in its condition as of the Base Rent Commencement Date, normal wear and tear and 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 . The foregoing exception for damage to the Premises shall not apply to damage caused by Tenant and/or Tenant's agents, contractors, employees and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject invitees except to the Landlord’s rights extent the waiver of certain claims contained in Section 22 applies to such damage. Tenant shall remove from the Premises all of Tenant's personal property, trade fixtures and any alterations (including the Initial Alterations to the extent required to be removed under subsection 9(e)) required to be removed pursuant to Section 23 hereof, if 9. Tenant shall repair damage or perform any restoration work required by the removal. If Tenant fails to remove any personal property, trade fixtures or alterations after the end of the Term, Landlord may remove the property and store it at Tenant’s Property within one (1) day after 's expense, including interest at the Interest Rate. If the Premises are not so surrendered at the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlordindemnify Landlord against all loss or liability resulting from delay by Tenant in so surrendering the Premises, upon demandincluding, without limitation, any and all reasonable expenses caused claims made by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In additionany succeeding tenant, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass losses to Landlord under this Lease as by a bxxx of saledue to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs.
Appears in 1 contract
Samples: Lease (Pc Tel Inc)
Surrender of Premises. Upon On the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination last day of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination term of this Lease, or Tenant’s right on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to possession hereundermake repairs as herein provided. On or before the last day of the term of this Lease, Landlordor the date of sooner termination thereof, Lessee shall, at Tenant’s its sole cost and expensesexpense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed shall be entitled deemed abandoned. Lessee hereby appoints Lessor its agent to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property Lessee from the Premises upon termination of this Lease at the sole cost and risk of Lessee, and Lessor shall not be liable for damage, theft, misappropriation or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem loss thereof and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all or any part costs and expenses of such Tenant’s Property removal. Lessee shall leave the Premises in good order, condition and repair, reasonable wear and tear and damage from fire and other casualty not caused by Lessee excepted. Lessee shall reimburse Lessor upon demand for any expenses incurred by Lessor with respect to removal, transportation or storage of abandoned property and with respect to restoring said Premises to good order, condition and repair. All improvements, alterations, additions, installations and fixtures, other than Lessee's trade fixtures and equipment, which have been abandoned made or installed by Tenant either Lessor or Lessee upon the Premises shall remain the property of Lessor and title thereof shall immediately pass be surrendered with the Premises as a part thereof, unless Lessee is required to Landlord under this Lease as by a bxxx remove same pursuant to the provisions of saleArticle VIII hereof. Lessee shall promptly surrender all keys for the Premises to Lessor at the place then fixed for the payment of rent and shall inform Lessor of the combinations of any vaults, locks and safes left on the Premises.
Appears in 1 contract
Surrender of Premises. Upon A. Tenant shall, upon termination of the termination, whether by lapse of time or otherwise, or upon any termination term of Tenant’s right to possession without or any earlier termination of the this 235 Great Pond Lease, Tenant will at once surrender possession and vacate to Landlord the Premises, together with including without limitations, all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to building apparatus not covered by Section 8 hereof)B of this Article, to Landlord and all alterations, improvements and other additions which may be made or installed by either party in good the condition and repair, ordinary wear and tear excepted; conditions existing because they were in as 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 Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination date of this Lease.
B. Notwithstanding Section A of this Article, Tenant shall have the right to remove all trade fixtures, furniture, equipment and signs, which may be installed in the Premises prior to or during Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost, if Tenant is not in default at the time of removal. The Tenant shall at its own cost and expensesexpense repair any and all damage to the Premises resulting from or caused by such removal, and shall be entitled restore the Premises to remove and/or store such Tenant’s Property its original condition, reasonable wear and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereoftear excepted. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten have sixty (1060) days after written notice from Landlordtermination of this 000 Xxxxx Xxxx Lease for any reason whatsoever to effect such removal, Landlordrepair and restoration; provided, at its optionhowever, no such fixtures or equipment placed on or in the Premises by Tenant, and which remain the property of Tenant, may deem all be removed at a time when Tenant is in default in payment of rent or any part other money payable hereunder, or in the performance of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord any other covenant under this Lease as 235 Great Pond Lease.
C. Anything to the contrary herein notwithstanding, Tenant shall have the right at any time to remove its signs and other equipment bearing any of its trade names or trademarks, whether registered or unregistered. Landlord shall have no right to use and shall not have or acquire any interest in such trade name and service xxxx by a bxxx reason of saleany of the terms or provisions of this 235 Great Pond Lease, or by reason of use of the same on the Premises.
Appears in 1 contract
Surrender of Premises. Upon Tenant covenants and agrees to deliver up and surrender possession of the terminationLeased Premises, whether by lapse not including Tenant's machinery and equipment hereunder (other than [those] that Landlord has demanded Tenant to remove in accordance with paragraph VI) to the Landlord forthwith upon expiration of time or otherwisethe term of this Lease, or upon any its earlier termination of Tenant’s right to possession without termination of the Leaseas herein provided, Tenant will at once surrender possession broom clean and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary reasonable wear and tear excepted; conditions existing because excepted (except for destruction to the Leased Premises covered by paragraph XI where Tenant elects to terminate). Tenant hereby agrees that if it fails to surrender the Leased Premises at the end of Tenant’s failure to perform maintenancethe Term, repairs or replacements as required of any renewal thereof, Tenant under this Lease shall not will be deemed “reasonable wear and tear.” Tenant shall surrender liable to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused damages including consequential damages which Landlord shall suffer by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordreason thereof. In addition, if Tenant fails shall pay to remove Landlord, during any Tenant’s Property from period that it shall refuse to surrender possession of the Leased Premises to Landlord a rental equal to one hundred fifteen percent (115%) of the base rent payable by Tenant to Landlord during the last rental year of the term. This Section shall survive expiration of the Lease. Any personal property left in, on or storageabout the Leased Premises after the expiration of this Lease will be deemed conclusively to have been abandoned and may be appropriated, as the case may besold, within stored, destroyed or otherwise disposed of by Landlord upon ten (10) days after written notice from Landlord, Landlord, at its option, may deem all to Tenant or any part other person and without obligation to account for them; and Tenant will pay Landlord for all expenses incurred in connection with such property, including, but not limited to, the cost of repairing any damage to the Leased Premises caused by the removal of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleproperty.
Appears in 1 contract
Surrender of Premises. Upon Except for the termination, whether return of the Security Deposit by lapse of time Landlord following the expiration or otherwise, or upon any earlier termination of Tenant’s right this Lease, no act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to possession without accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials (as defined in Section 25(i) below) placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Provided that Tenant fails to remove any has performed all of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession its obligations hereunder, LandlordTenant may remove all unattached trade fixtures, at Tenant’s sole cost furniture, and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be personal property placed in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storageelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, as the case may bein whole or in part, within by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, Tenant shall (not later than ten (10) days after written notice from Landlordthe expiration or earlier termination of the Lease) remove such alterations, Landlordadditions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Tenant and without any obligation to account for such items; any such disposition shall immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. The provisions of this Lease as by a bxxx Section 21 shall survive the expiration or earlier termination of salethe Lease.
Appears in 1 contract
Surrender of Premises. Upon the termination, whether by lapse termination or earlier expiration of time or otherwisethis Lease, or upon any termination the exercise by Landlord of Tenant’s Landlord's right to possession re-enter the Premises without termination of the terminating this Lease, Tenant will at once surrender possession and vacate deliver the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord in good a condition and repaircomparable to the condition existing on the Commencement Date, ordinary wear wear, tear and tear obsolescence only 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 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, 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 expense, any damage to the Premises or the Building resulting from the removal 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 make known to Landlord patching and painting the explanation walls where reasonably required by Landlord. Tenant's obligations under this Section 8.2 will survive the expiration or earlier termination of all combination locks, which Tenant is permitted to leave on the Premisesthis Lease. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any item of Tenant’s Property within one (1) day after property permitted or required to be removed at the expiration or earlier termination of this Lease, or Tenant’s right to possession hereunderthe Term, Landlord, may, at Tenant’s sole cost and expensesLandlord's option, shall be entitled to (a) remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises at the expense of Tenant and sell or storagedispose of same in such manner as Landlord deems advisable, as or (b) place such property in storage at the case may be, within expense of Tenant. Any property of Tenant remaining in the Premises ten (10) days after written notice from Landlord, Landlord, at its option, may deem all the Expiration Date or any part earlier termination of such Tenant’s Property this Lease will be deemed to have been abandoned by Tenant Tenant, and title thereof shall immediately pass in such case such items may be retained by Landlord as Landlord's property or disposed of by Landlord without accountability to Tenant, in such manner as Landlord under this Lease as by a bxxx of saledetermines, at Tenant's expense.
Appears in 1 contract
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance --------------------- of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises. During the Term, 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). All alterations, additions, or improvements made in or upon the Premises shall, at Landlord's option (to be exercised pursuant to following sentence), either be removed by Tenant prior to the end of the Term (and make known Tenant shall repair all damage caused thereby), or shall remain in the Premises at the end of the Term without compensation to Landlord the explanation Tenant. In connection with Landlord's review and approval of all combination locksany of Tenant's proposed alterations, which Tenant is permitted additions or improvements to leave on the Premises. Subject , Landlord may notify Tenant in writing, contemporaneously with Landlord's notice of approval to Tenant with respect to the Landlord’s rights under Section 23 hereofimprovements 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 of Tenant’s Property within one alterations, additions or improvements to the Premises (1) day after the termination of this Leasewhether such approval is required hereunder or otherwise), or Tenant’s right to possession hereunder, LandlordTenant shall, at Tenant’s sole cost Landlord's written request, remove all such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and expenses, shall be entitled to remove and/or store such Tenant’s Property and furniture as Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofmay request. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord's option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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 immediately pass to Landlord under this Lease as by a bxxx survive the end of salethe Term.
Appears in 1 contract
Samples: Lease Agreement (Verisity LTD)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to 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 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 rights under Section 23 hereofoption, if Tenant fails 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 within one (1) day after addition or improvement to the termination of this Lease, Premises or Tenant’s right the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. With respect to possession hereunder, Landlordalterations 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 expensesexpense, shall be entitled to remove and/or store such all cabling installed in the Premises or Building by or on behalf of Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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 immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. The provisions of this Lease as by a bxxx Section 21 shall survive the end of salethe Term.
Appears in 1 contract
Samples: Lease Agreement (Omtool LTD)
Surrender of Premises. Upon On or prior to the terminationExpiration Date, whether unless otherwise agreed in writing by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the LeaseLandlord, Tenant will at once surrender possession shall either remove all Mesa Equipment and vacate all other property owned by the PremisesGTAT Parties from the Premises or move only the ASF Furnaces to the Storage Space, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required whereupon the obligations of Tenant under this Lease with respect to the condition of the Premises shall be limited to leaving the Premises, other than the Storage Space (which Tenant may continue to occupy pursuant to the Warehouse Lease), in broom clean condition. Tenant shall not be deemed “reasonable wear and tear.” have any obligation to remove any Alterations at the expiration or earlier termination of the Term. Tenant shall surrender to Landlord all keys will promptly repair any damage to the Premises caused by its or a member of the Tenant Group’s removal of the Tenant’s Property. All property of Tenant or a member of the Tenant Group not removed on or before the last day of the Term (“Remaining Property”) shall be deemed abandoned. Landlord may sell all Remaining Property in a manner consistent with Article 9 of the Uniform Commercial Code; provided that, (i) no further order of the Court (as defined in the Settlement Agreement) shall be required, (ii) thirty (30) days’ notice of any such sale shall be deemed to be commercially reasonable notice, and make known (iii) Landlord may provide notice of its intent to Landlord sell the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject Remaining Property prior to the Landlordend of the Term. Any proceeds received by Landlord from the sale of Remaining Property will be applied in the following order of priority: (A) first, to reimburse Landlord for its costs incurred in connection with the removal and disposition of such Remaining Property; (B) second, to Apple Inc. to satisfy any unpaid portion of the Apple Claim (as defined in the Settlement Agreement); and (C) third, to the Tenant. Tenant will indemnify and hold Landlord harmless from any claims, loss, injury, liability, or damages (including reasonable attorneys’ fees) incurred by any Landlord Party as a result of persons or firms entering the Premises on Tenant’s rights under Section 23 hereof, if Tenant fails behalf to remove any of Tenant’s Property within one (1) day after the following expiration or earlier termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for including the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleASF Furnaces.
Appears in 1 contract
Samples: Facility Lease Agreement (GT Advanced Technologies Inc.)
Surrender of Premises. Upon A. Any Improvements to the terminationLeased Premises, whether made by lapse or at the request of time Tenant shall remain upon the Leased Premises at the expiration or otherwise, or upon any earlier termination of Tenant’s right this Lease and at such expiration shall become the property of Landlord unless Landlord, with respect to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold any Improvements (except those Leasehold Improvements Tenant is required to remove identified by Landlord pursuant to Section 8 hereof)7A as being extraordinarily expensive to remove or unlikely to be useful to a future tenant, shall give written notice to Landlord in good condition Tenant to remove such Improvements, alterations and repair, 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 tear.” additions. If Tenant shall surrender to be required or permitted by Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this LeaseImprovements, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, repair any and all reasonable expenses damage caused by such the installation or removal of any Improvement (including, without limitation, repairing and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordpatching holes, replacing ceiling, floor and wall surfaces and repainting). In addition, if Should Tenant fails fail to remove any Tenant’s Property from the Premises such Improvements or storage, as the case may be, within ten (10) days after written notice from Landlordto repair such damage when so required by Landlord pursuant to this Section 15, Landlord, at its option, its agents or contractors, may deem all perform such work at Tenant's sole cost and expense, which shall be paid by Tenant to Landlord as Additional Rent concurrently with the next installment due of Additional Rent. In addition, Landlord shall have the right to treat as abandoned personal property any alterations, Improvements or additions to the Leased Premises that Tenant fails to remove in the manner provided herein, and may exercise any right set forth in Section 15B below, except that no notice to Tenant shall be required before the exercise of any right set forth in Section 15B.
B. Any personal property that shall remain in the Leased Premises or any part thereof upon the expiration or earlier termination of such Tenant’s Property this Lease shall be deemed to have been abandoned by Tenant and title Landlord may retain it as Landlord's property or dispose of it in such manner as Landlord may deem fit. Should Tenant fail to dispose of such personal property upon expiration or any other termination of this Lease, Landlord may, at its option, dispose of it, at Tenant's sole cost and expense. If such personal property or any part thereof shall immediately pass to be sold by Landlord, Landlord under shall receive and retain the proceeds of such sale(s) as Landlord's property. The covenants contained in this Lease as by a bxxx Section 15 shall survive the expiration or earlier termination of salethis Lease.
Appears in 1 contract
Samples: Lease Agreement (American Community Properties Trust)
Surrender of Premises. (a) Upon the expiration or earlier termination, whether by lapse of time or otherwisethis Agreement Lessee shall peaceably surrender the Premises to Lessor. At surrender, the Premises shall be in as good condition as they were at the Commencement Date, except as the Premises were repaired, rebuilt, restored, altered, or upon any termination added to as permitted or required by the provisions of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repairthis Agreement, ordinary wear and tear excepted; conditions existing because of Tenant’s failure , and subject to perform maintenance, repairs those provisions below.
(b) Upon expiration 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 Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the earlier termination of this LeaseAgreement, or Tenant’s right to possession hereunder, LandlordLessor may, at Tenantits option and upon written notice to Lessee, take title to any or all fixtures and/or improvements (including all Improvements to the extent that Lessee is entitled to transfer title to such Improvements), including fills, without any obligation to make payment or any compensation to Lessee or Lessor may require Lessee to remove all or any such fixtures, improvements (including all Improvements, to the extent that Lessee has title to such Improvements) at Lessee’s sole cost. Alternatively, Lessor may remove all or any portion of such fixtures, improvements (including all Improvements to which Lessee has title) at Lessee’s sole cost and expenses, such costs shall be entitled paid by Lessee as Additional Rent. Lessee shall deliver to remove and/or store Lessor such Tenant’s Property documentation as may be necessary to convey title to such fixtures, improvements (including all Improvements, to the extent Lessee has title to such Improvements) to Lessor, free and Landlord shall be in no event be responsible for the valueclear of any liens, preservation mortgages, loans or safekeeping thereofany other encumbrances. Tenant shall pay Landlord, upon demand, Notwithstanding any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession other provision of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storagethis Agreement, as the case may bepermitted by California Public Resources Code Section 6312, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part successor statute, the parties agree that upon expiration or earlier termination of such Tenant’s Property this Agreement Lessor shall have no liability or obligation to have been abandoned by Tenant and title thereof shall immediately pass pay compensation for any improvements made to Landlord under this Lease as by a bxxx of salethe Premises.
Appears in 1 contract
Samples: Lease Agreement
Surrender of Premises. Upon the termination, whether by lapse By taking possession of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements as otherwise provided herein, Tenant is required shall be deemed to remove pursuant to Section 8 hereof)have accepted the Premises and the Property in good, to Landlord in good clean and completed condition and repair, ordinary subject to all applicable laws, codes and ordinances. On the Expiration Date or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in its condition as of the applicable Rent Commencement Date, normal wear and tear excepted; conditions existing because , provided, however, that Tenant shall remove from the Premises all of Tenant’s failure 's Removable Trade Fixtures and Portable Equipment and any Alterations required to perform maintenance, repairs or replacements as required be removed pursuant to Section 9 of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Lease. Tenant shall surrender to Landlord all keys to repair any damage or perform any restoration work required by the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premisesremoval. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to timely remove any Removable Trade Fixtures, Portable Equipment or Alterations as aforesaid, Landlord may remove the property and store and/or dispose of the same at Tenant’s Property within one (1) day after 's expense, including interest at the Interest Rate. If the Premises are not so surrendered at the termination of this Lease, or Tenant’s right Tenant shall indemnify Landlord against all Claims resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant, losses to possession hereunderLandlord due to lost opportunities to lease to succeeding tenants, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property attorneys' fees and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofcosts. Tenant shall pay Landlord, upon demand, any give written notice to Landlord at least thirty (30) days prior to vacating the Premises and all reasonable expenses caused by such removal and all storage charges against such property so long as shall meet with Landlord for a joint inspection of the same shall be in possession Premises at the time of Landlord or under the control of Landlordvacating. In additionthe event of Tenant's failure to give such notice or participate in such joint inspection, if Tenant fails to remove any Landlord's inspection at or after Tenant’s Property from 's vacating the Premises or storage, as shall conclusively be deemed correct for purposes of determining Tenant's responsibility for removal of Alterations and repairs and restoration of the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salePremises.
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Surrender of Premises. Upon All improvements to the terminationPremises (collectively, whether “Leasehold Improvements”) shall be owned by lapse of time Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove Tenant’s Removable Property (defined below) from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear and damage from casualty excepted; conditions existing because of . As used herein, the term “Tenant’s failure to perform maintenance, repairs Removable Property” shall mean: (A) any Leasehold Improvements that are installed by or replacements as required for the benefit of Tenant under this Lease 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 (B) Tenant’s personal property. Tenant shall not be deemed “reasonable wear obligated to remove any Cable installed by or for the benefit of Tenant and tear.” Tenant shall surrender to Landlord all keys to located in the Premises or other portions of the Building. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and make known at no cost to Landlord the explanation of all combination locksLandlord, which require Tenant is permitted to leave on any of its Special Installations in the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within one (1) day 2 days after the termination of this Lease, Lease or of Tenant’s right to possession hereunderpossession, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or and store such Tenant’s Property and Removable Property. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordincurred for Tenant’s Removable Property. In addition, if Tenant fails to remove any Tenant’s Removable Property from the Premises or storage, as the case may be, within ten (10) 30 days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Removable Property to have been abandoned be abandoned, 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 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 title thereof which shall immediately pass not be unreasonably withheld, conditioned or delayed), Tenant may remain in the Premises for up to Landlord under 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 as is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by a bxxx Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of saletermination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.
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Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean condition, reasonable wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject 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 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 but not limited to Tenant’s Off-Premises Equipment) as Landlord may request together with all signs affixed by Tenant to the exterior of the Building or elsewhere at the Project (as well as lettering installed by Tenant on sign panels installed by Landlord’s rights under Section 23 hereof); however, if Tenant fails shall not be required to remove any of Tenant’s Property within one (1) day after addition or improvement to the termination of this Lease, Premises or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofremoved. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof 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 26 shall immediately pass to Landlord under this survive the end of the Term. Texas Industrial Lease as by a bxxx of sale.— American Locker Group, Inc. 19 0000 Xxxxxx, Xxxxx 000, XXX Xxxxxxx, Xxxxx
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Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall (i) deliver the Premises, together Premises to Landlord with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted; conditions existing because , (ii) remove any Alterations installed in the Premises in accordance with the provisions of Tenant’s failure Section 8(a) above and all locks to perform maintenance, repairs or replacements any Secured Area as required of Tenant under this Lease shall not be deemed “reasonable wear by Landlord, and tear.” Tenant shall surrender (iii) deliver to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to 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 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 rights under Section 23 hereofoption, if Tenant fails to shall (not later than the expiration date or earlier termination of the Lease) remove any of such trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Property within one (1Off-Premises Equipment) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and as Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofmay request. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Tenant and without any obligation to account for such items. The provisions of this Section 21 shall immediately pass to Landlord under this Lease as by a bxxx survive the expiration or earlier termination of salethe Lease.
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Surrender of Premises. Upon At 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 the Leasepossession, Tenant will at once surrender possession shall remove Tenant’s Property and vacate any and all Required Removables from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property within one (1) day after or Required Removables, or to restore the Premises to the required condition as of the date of termination of this Lease, Lease or Tenant’s right to possession hereunderof the Premises, Landlord, at Tenant’s sole cost and expensesexpense, 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 be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant’s Property. Tenant shall pay Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordincurred. In addition, if If Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and and, at Landlord’s option, title thereof to Tenant’s Property shall immediately pass to vest in Landlord under this Lease as by a bxxx or Landlord may dispose of saleTenant’s Property in any manner Landlord deems appropriate.
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Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of this Lease or Xxxxxx’s right of possession hereunder, Tenant shall remove all Tenant’s Property from the Premises, remove all Required Removables (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 expiration or earlier termination of this Lease or Tenant’s right to of possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereofhereunder ), and quit and surrender the Premises to Landlord Landlord, broom clean, and in good condition and repair, 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 tear.” , damage by casualty or the acts of Landlord, and matters for which Xxxxxxxx is responsible under this Lease, excepted. Tenant shall surrender to Landlord all keys to repair any damage caused by the Premises and make known to Landlord the explanation installation or removal of all combination locks, which Tenant’s Property or Required Removables or signage that Tenant is permitted obligated to leave on the Premisesremove hereunder. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property or to restore or repair the Premises to the required condition as provided herein upon the expiration of the Term of this Lease (or, as applicable, within one twenty (120) day days after the any earlier termination of this Lease, Lease or TenantXxxxxx’s right to possession hereunder), then Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled entitled, but not obligated, to remove and/or and store such Tenant’s Property and and/or perform such restoration or repair of the Premises. Landlord shall be in no event not be responsible for the value, preservation preservation, or safekeeping thereof. of Tenant’s Property, and Tenant shall pay to Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordincurred. In addition, if If Tenant fails to remove any TenantXxxxxx’s Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and and, at Landlord’s option, title thereof to 24 Tenant’s Property shall immediately pass to vest in Landlord under this Lease as by a bxxx or Landlord may dispose of saleXxxxxx’s Property in any manner Landlord deems appropriate.
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Surrender of Premises. Upon At the termination, whether by lapse of time or otherwise, or upon any termination of this Lease or Tenant’s 's right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove Tenant's Property from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear tear, damage by Casualty 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s 's Property within one (1) day 5 Business Days after the termination of this Lease, Lease or Tenant’s 's right to possession hereunderpossession, Landlord, at Tenant’s 's sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or and store such Tenant’s Property and 's Property. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant's Property. Tenant shall pay Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordincurred. In addition, if If Tenant fails to remove any Tenant’s 's Property from the Premises or storage, as the case may be, within ten (10) 30 days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s 's Property to have been be abandoned by Tenant and title thereof to Tenant's Property shall immediately pass vest in Landlord. Tenant shall, prior to Landlord under this Lease as the expiration of the Term or upon the earlier termination thereof, upon request by Landlord, cause to be performed by a bxxx qualified environmental consultant approved by Landlord an inspection of salethe Lab Space (including visual inspection, xxxxxx counter evaluation, airborne and surface monitoring) to confirm that the Lab Space is free of biological, chemical and radioactive hazards. Tenant shall deliver a copy of the inspection report ("INSPECTION REPORT") to Landlord. If the report is not reasonably satisfactory to Landlord, Landlord shall so notify Tenant, indicating the nature of Landlord's dissatisfaction. Tenant shall be responsible for abating or, at Landlord's election if the Term hereof has expired, paying the cost of abating any condition(s) indicated by Landlord.
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Samples: Office and Laboratory Lease Agreement (Combinatorx, Inc)
Surrender of Premises. Upon Whenever under the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right terms hereof Landlord is entitled to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), at once shall surrender the Premises and the keys thereto to Landlord in good the same condition and repairas on the Commencement Date hereof, ordinary natural wear and tear and casualty only excepted; conditions existing because , and Tenant shall remove all of its personalty therefrom and shall, if directed to do so by Landlord pursuant to the provisions of Section 12, hereof, remove all improvements (and/or any cabling installed by or on behalf of Tenant’s failure ) and restore the Premises 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 its original condition prior to the Premises and make known to Landlord the explanation construction of all combination locksany improvements which have been made therein by or on behalf of Tenant, which Tenant is permitted to leave on the Premises. Subject including any improvements made prior to the Landlord’s rights under Section 23 hereof, if Commencement Date. If Tenant fails to remove any of Tenant’s Property within one (1) day after personal property on or before the expiration or earlier termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled to re-enter the Premises and remove and/or store such Tenant’s Property personal property, using such force as may be necessary without being guilty of forcible entry, detainer, trespass or other tort, and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay to Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property such personal property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, Landlord at its option, may deem all or any part of such Tenant’s Property personal property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx xxxx of salesale Tenant’s obligation to observe or 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, this Lease shall expire on the business day immediately preceding.
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Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s 's right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove Tenant's Property (defined in Article XV) from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs and damage by fire 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, other casualty for which Tenant is permitted not required to leave on make repairs hereunder excepted. Tenant shall also be required to remove the PremisesRequired Removables (including, but not limited to, all Cable) in accordance with Article VIII. Subject to At the Landlord’s rights under Section 23 hereofexpiration or earlier termination of this Lease or Tenant's right of possession, if Tenant shall also remove all routers, and all network and connectivity equipment installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building. If Tenant fails to remove any of Tenant’s 's Property within one (1) day 2 days after the termination of this Lease, Lease or of Tenant’s 's right to possession hereunderpossession, Landlord, at Tenant’s 's sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or and store such Tenant’s Property and 's Property. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant's Property. Tenant shall pay Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordincurred for Tenant's Property. In addition, if Tenant fails to remove any Tenant’s 's Property from the Premises or storage, as the case may be, within ten (10) 30 days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s 's Property to have been abandoned by Tenant be abandoned, and title thereof to Tenant's Property shall be deemed to be immediately pass to Landlord under this Lease as by a bxxx of salevested in Landlord.
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Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate possess the Premises, together Tenant shall (a) deliver to Landlord the Premises broom-clean with all Leasehold Improvements improvements located therein in good repair and condition (except those Leasehold Improvements Tenant is required for condemnation and Casualty damage not caused by Tenant, as to remove pursuant to Section 8 hereofwhich Sections 14 and 15 shall control), to Landlord in good condition free of any liens or encumbrances and repair, ordinary wear and tear exceptedfree of Hazardous Materials placed on the Premises during the Term; 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 (b) deliver to Landlord all keys to the Premises and make known all access cards to the Project; (c) remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal by delivering written notice thereof to Tenant at least 90 days before the end of the Term); (d) remove any and all cabling (including conduit) installed in the Premises or elsewhere in the Project by or on behalf of a Tenant Party, including all connections for such cabling, at Tenant’s sole cost or, if Landlord so elects, Landlord may perform such removal at Tenant’s sole cost, with the cost thereof to be paid to Landlord as Rent (Landlord will have the explanation right, however, upon notice to Tenant, given prior to the expiration or earlier termination of the Term, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against Rent, any and all such cabling |including conduit], whether located in the Premises or elsewhere in the Project, and if Landlord so elects, Tenant covenants that such cabling shall be left in a neat and safe condition in accordance with the requirements of all combination locksapplicable Laws, which including the National Electric Code or any successor statute, and shall be terminated at both ends of a connector, properly labeled at each end and in each electrical closet and junction box); and (e) remove such alterations, additions, improvements, and Tenant’s Off-Premises Equipment as Landlord may request; however, Tenant is permitted shall not be required to leave on the Premises. Subject remove any addition or improvement to the Landlord’s rights under Section 23 hereof, 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 the removal of the items described above. If Tenant fails to remove any of the items required to be removed by Tenant, Landlord may, at Landlord’s Property within one option, (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store deem such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property items to have been abandoned by Tenant and Tenant, the title thereof shall immediately pass to Landlord under at no cost to Landlord, and such items 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 respect of the security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations hereunder (including collection costs and attorneys’ fees), plus interest thereon at the Default Rate, or (3) elect any of the actions described in clauses (1) and (2) above as Landlord may elect in its sole discretion. The provisions of this Lease as by a bxxx Section 21 shall survive the end of salethe Term.
Appears in 1 contract
Samples: Lease Agreement (RetailMeNot, Inc.)
Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the Commencement Date, including, but not limited to, all interior walls cleaned, all holes in walls repaired, all carpets vacuumed, all HV AC equipment in operating order and in good repair, and all floors cleaned, and free of any Tenant’s right -introduced marking or painting, all to possession without the reasonable satisfaction of Landlord. 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 11.A hereof with respect to Alterations to the Premises and all other matters addressed in such Paragraph. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, the provisions of Paragraph 24 hereof shall apply. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease, Term. Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), shall give written notice to Landlord in good condition at least thirty (30) days prior to vacating the Premises and repairshall meet with Landlord for a joint inspection of the Premises at the time of vacating, ordinary wear and tear excepted; conditions existing because 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 failure to perform maintenancegive such notice or participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs or replacements as required of Tenant and restoration. Any delay caused by Tenant’s failure to carry out its obligations under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to Paragraph 34 beyond the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 term hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in constitute holdover possession of Landlord or Premises under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleParagraph 24 hereof.
Appears in 1 contract
Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of combination to all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be shall, in no event event, be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx xxxx of sale.
Appears in 1 contract
Samples: Office Lease Agreement (Mammoth Energy Services, Inc.)
Surrender of Premises. Upon On or before the terminationEffective Date, whether by lapse of time or otherwiseTenant shall vacate, or upon any termination of Tenant’s right to quit and surrender possession without termination of the LeasePremises in broom clean condition, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition order and repaircondition, ordinary wear and tear excepted; excepted with the Remaining FF&E. Notwithstanding the foregoing to the contrary, if Tenant gives Landlord notice prior to the Effective Date that Tenant shall remain in occupancy of the 40th Floor Premises, then Tenant shall be permitted to remain in occupancy thereof for up to three (3) months following the Effective Date as a licensee which license shall be on all of the terms and conditions existing because of Tenant’s failure the Lease with respect to perform maintenancethe 40th Floor Premises notwithstanding the assignment of the Lease contemplated hereby. In such event, repairs or replacements as required Tenant shall give Landlord at least thirty (30) days’ prior notice of the date on which Tenant under this shall surrender possession of the 40th Floor Premises and such date shall be deemed the expiration date of such license with respect thereto. If Tenant shall fail to vacate the Premises on the Effective Date and/or the 40th Floor Premises on the expiration of the license with respect thereto, if applicable, then the provisions of Section 18.02 of the Lease shall be applicable, notwithstanding that the expiration of the term of the Lease shall not be deemed “reasonable wear then have occurred and tearthe provisions of Paragraph 4 hereof.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.
Appears in 1 contract
Samples: Assignment of Lease (Broadpoint Gleacher Securities Group, Inc.)
Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, locks which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 22 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofpursuant to law. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if All such property not retaken from storage by Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from Landlordsuch property has been placed in storage, Landlordmay, at its Landlord's option, may deem all or be sold by Landlord with any part of such Tenant’s Property to have been abandoned proceeds applied toward any amount owed by Tenant and title thereof shall immediately pass to Landlord under this Lease as by Lease, or Landlord may donate the property to charity if the donation is a bxxx of salecommercially reasonable alternative.
Appears in 1 contract
Surrender of Premises. 24.1 Upon the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once shall peaceably surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord broom-clean and in good the same condition and repairas on the date Tenant took possession, 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 “except for (a) reasonable wear and tear.” ; (b) loss by fire or other casualty; and (c) loss by condemnation. All fixtures, equipment, improvements, and appurtenances attached to or built into the Premises at the commencement of or during the Term, whether or not by or at the expense of Tenant, other than Tenant’s Property, shall be and remain a part of the Premises, shall be the property of Landlord, and shall not be removed by Tenant, except as directed by Landlord. Tenant shall surrender not be required to Landlord all keys remove any leasehold improvements unless (i) such removal is necessary to ensure that the Premises comply with applicable code at the time of surrender, including but not limited to removal of wires located in risers and make known to plenums without raceways or conduits; (ii) they were made without the consent of Landlord; or (iii) Landlord notified Tenant that removal would be required at the explanation time Landlord approved Tenant’s plans therefor. Tenant’s Property shall be and shall remain the property of all combination locks, which Tenant is permitted to leave on and may be removed by Tenant at any time during the Premises. Subject to the Landlord’s rights under Section 23 hereofTerm; provided that, if Tenant fails to remove any of Tenant’s Property within one (1) day after is removed, Tenant shall promptly repair any damage to the termination Premises resulting from such removal. Internal floor coating/concrete hardener shall be left in sealed condition, including, without limitation, any areas that may be damaged by removal of this Lease, or Tenant’s right to possession hereunderfixtures. All interior walls should be left in good condition, Landlord, at and any holes from removal of Tenant’s sole cost and expensesfixtures must be patched.
24.2 If Tenant abandons or surrenders the Premises or is dispossessed by process of law or otherwise, shall be entitled to remove and/or store such any of Tenant’s Property and Landlord left on the Premises shall be in no event be responsible for the valuedeemed abandoned, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordand, at its Landlord’s option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx xxxx of sale. If Landlord elects to remove all or any part of such Tenant’s Property, the reasonable cost of removal, storage and disposal of Tenant’s Property, including, without limitation, repairing any damage to the Premises or Building caused by such removal, shall be paid by Tenant. On the Expiration Date, Tenant shall surrender all keys, parking cards and other means of entry to the Premises (including, without limitation, the Buildings) and shall inform Landlord of the combinations and access codes for any locks and safes located in the Premises. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring (“Telecom Wiring”) and any other components of Tenant’s Telecommunications System shall be removed at Tenant’s cost at the expiration of the Term, unless Landlord has specifically requested in writing that the Telecom Wiring shall remain, whereupon the Telecom Wiring shall be surrendered with the Premises as Landlord’s property.
Appears in 1 contract
Samples: Lease Agreement (Nautilus, Inc.)
Surrender of Premises. Upon the termination, whether by lapse By taking possession of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required shall be deemed to remove pursuant to Section 8 hereof)have accepted the Premises and the Property in good, to Landlord in good clean and completed condition and repair, ordinary subject to all applicable laws, codes and ordinances, but the foregoing shall not release Landlord from liability for completion of Punch List Items or Landlord's repair obligations under this Lease. On the Expiration Date or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in its condition as of the Commencement Date, normal wear and tear and damage by fire or other casualty or eminent domain excepted; conditions existing because . Tenant shall remove from the Premises all of Tenant’s failure 's Personal Property and any Alterations required to perform maintenance, repairs or replacements as required be removed pursuant to Section 9 of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Lease. Tenant shall surrender to Landlord all keys to repair any damage or perform any restoration work required by the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premisesremoval. Subject to the Landlord’s rights under Section 23 hereof, if 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 within one (1) day after 's expense, including interest at the Interest Rate. If the Premises are not so surrendered at the termination of this Lease, or Tenant’s right Tenant shall indemnify Landlord against all Claims resulting from delay by Tenant in so surrendering the Premises, including, without limitatiox, xxx claims made by any succeeding tenant, losses to possession hereunderLandlord due to lost opportunities to lease to succeeding tenants, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property attorneys' fees and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofcosts. Tenant shall pay Landlord, upon demand, any give written notice to Landlord at least thirty (30) days prior to vacating the Premises and all reasonable expenses caused by such removal and all storage charges against such property so long as shall meet with Landlord for a joint inspection of the same shall be in possession Premises at the time of Landlord or under the control of Landlordvacating. In additionthe event of Tenant's failure to give such notice or participate in such joint inspection, if Tenant fails to remove any Landlord's inspection at or after Tenant’s Property from 's vacating the Premises or storage, as shall conclusively be
25. deemed correct for purposes of determining Tenant's responsibility for removal of Alterations and repairs and restoration of the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of salePremises.
Appears in 1 contract
Samples: Net Lease (Leapfrog Enterprises Inc)
Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once shall peaceably surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord broom-clean and in good the same condition and repairas on the date Tenant took possession, 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 “except for: (a) reasonable wear and tear.” ; (b) loss by fire or other casualty; and (c) loss by condemnation. All fixtures, equipment, leasehold improvements (including any Alterations), and appurtenances attached to or built into the Premises at the commencement of or during the Term, whether or not by or at the expense of Tenant, other than Tenant’s Property, shall be and remain a part of the Premises, shall be the property of Landlord, and shall not be removed by Tenant, except as directed by Landlord. Tenant shall surrender not be required to Landlord all keys remove any of the Tenant Improvements (as defined in Exhibit E). Furthermore, tenant shall not be required to remove any leasehold improvements (including any Alterations) unless: (i) such removal is necessary to ensure that the Premises and make known Building comply with applicable code at the lime of surrender, including but not limited to removal of wires located in risers and plenums without raceways or conduits; (ii) they were made without the consent of Landlord; or (iii) Landlord notified Tenant that removal would be required. Tenant’s Property shall be and shall remain the explanation property of all combination locks, which Tenant is permitted to leave on and may be removed by Tenant at any time during the Premises. Subject to the Landlord’s rights under Section 23 hereofTerm; provided that, if Tenant fails to remove any of Tenant’s Property within one (1) day after is removed, Tenant shall promptly repair any damage to the termination Premises or to the Building resulting from such removal. If Tenant abandons or surrenders the Premises or is dispossessed by process of this Leaselaw or otherwise, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such any of Tenant’s Property and Landlord left on the Premises shall be in no event be responsible for the valuedeemed abandoned, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordand, at its Landlord’s option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of sale.xxxx of
Appears in 1 contract
Samples: Office Lease (Biodesix Inc)
Surrender of Premises. Upon Tenant shall maintain the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right Premises during the Term in as good condition as when Tenant was first entitled to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repairthereof, ordinary wear and tear fire and other casualty not resulting from Tenant's negligence excepted; conditions existing because , failing which Landlord may restore the Premises to such condition and Tenant shall pay Landlord the cost thereof. Upon the expiration or termination of this Lease or termination of Tenant’s failure to perform maintenance's right of possession of the Premises, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender return the Premises to Landlord in the condition described in the preceding sentence, provided, however, Tenant may remove any removable trade fixtures (other than light fixtures) and other personal property installed by Tenant. Such removals shall be done in a good and workmanlike manner and Tenant shall restore the Premises to a tenantable condition. All Tenant's Work and all keys additional alterations and improvements to the Premises and make known (excluding trade fixtures other than light f fixtures) shall become Landlord's property and, unless Landlord directs Tenant to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject remove such items pursuant to the Landlord’s rights under terms of Section 23 14(B)(3) hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after all such alterations and improvements shall remain upon the Premises at the expiration or earlier termination of this Lease. In the event possession of the Premises is not immediately delivered to Landlord, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, if Tenant shall be entitled fail to remove and/or store all of Tenant's removable fixtures (other than light fixtures) and other personal property, as aforesaid, Landlord may remove any of such property therefrom without any liability to Tenant’s Property and . All such property which may be removed from the Premises by Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property conclusively presumed to have been abandoned by Tenant and title thereof thereto shall immediately pass to Landlord under this Lease as by a bxxx without any cost or credit therefor and Landlord may, at its option and at Tenant's expense, store or dispose of salesuch property.
Appears in 1 contract
Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s 's right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s '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 combination of all combination locks, locks which Tenant is permitted to leave on the Premises. Subject to the Landlord’s 's rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s 's Property within one (1) day after the termination of this Lease, or Tenant’s 's right to possession hereunder, Landlord, at Tenant’s 's sole cost and expenses, shall be entitled to remove and/or store such Tenant’s 's Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s 's Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s 's Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx xxxx of sale.
Appears in 1 contract
Samples: Office/Flex Building Lease (MRS Fields Financing Co Inc)
Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall return the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord in good the same condition and repairin which received, ordinary broom clean, reasonable wear and tear excepted; conditions existing because . 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 designates to be removed pursuant to Section 10.4 below, and shall restore the Premises to the condition they were in prior to the installation or construction of Tenant’s failure said alterations. If Tenant has failed to perform maintenance, repairs or replacements as required of Tenant fully pay all amounts due under this Lease shall not be deemed “reasonable wear lease, Landlord may, at Landlord's option, designate any or all Fixtures paid for by Tenant and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave installed on the Premises. Subject to Landlord's payment in full or in part of any such unpaid amounts, and Tenant shall provide Landlord with a Xxxx of Sale correctly evidence the Landlord’s rights under Section 23 hereof, if transfer of ownership. If Tenant fails to remove any fixture, at Landlord's option, Tenant shall agree to designate and permit Landlord to remove the same at Tenant's expense. Tenant shall return all keys to the Landlord within 12 hours following termination of this Lease or pay for the cost of new keys, if the Landlord so requires. Tenant’s Property within one (1) day after '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, or Tenant’s and reserves the right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or enter any part of such Tenant’s Property the Premises during the same 180-day period to have been abandoned by Tenant and title thereof shall immediately pass show the Premises to Landlord under this Lease as by a bxxx of saleprospective tenants.
Appears in 1 contract
Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination On expiration of the Leaseterm, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, 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 tear.” Tenant shall surrender to Landlord the premises and all keys Tenant’s improvements and alterations in good condition (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant and destruction to the Premises and make known to Landlord premises covered by Paragraph 14), except for alterations that Tenant has the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails right to remove any of Tenant’s Property within one (1) day after or is obligated to remove under the termination provisions of this Lease. Tenant shall remove all its personal property, including, but not limited to, trade fixtures and furnishings, within the above stated time. Tenant shall perform all restoration made necessary by the removal of any alterations or Tenant’s right personal property within the time periods stated in this paragraph. Landlord can elect to possession hereunder, Landlord, at retain or dispose of in any manner any alterations or Tenant’s sole cost and expenses, shall be entitled to personal property that Tenant does not remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises premises on expiration or storage, termination of the term as the case may be, within allowed or required by this Lease by giving at least ten (10) days after written 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, Landlord, at its option, may deem all ’s retention or disposition of any part of such alterations or Tenant’s Property to have been abandoned by personal property. Tenant and title thereof shall immediately pass be liable to Landlord under for Landlord’s costs for storing, removing, and disposing of any alterations or Tenant’s personal property. If Tenant fails to surrender the premises to Landlord on expiration of the term as required by this Lease as paragraph, Tenant shall hold Landlord harmless from all damages resulting from Tenant’s failure to surrender the premises, including, without limitation, claims made by a bxxx of salesucceeding Tenant resulting from Tenant’s failure to surrender the premises.
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Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord broom clean, and in good order, condition and repair, 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 tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, damage which Tenant is permitted not obligated to leave on the Premisesrepair excepted. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to shall remove any of Tenant’s Property within one (1) day after the upon termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused of Tenant’s furniture, work stations, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property (collectively, “Personal Property”); provided, however Tenant shall not be required to remove trade fixtures unless required to do so by such removal and all storage charges against such property Landlord as a condition to approval of installation. Personal Property not so long as the same removed shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been deemed abandoned by Tenant and title thereof to the same shall immediately thereupon pass to Landlord under this Lease as by a bxxx xxxx of sale, but Tenant shall remain responsible for the cost of removal and disposal of such Personal Property, as well as any damage caused by such removal. At or before the time of surrender, Tenant shall comply with the terms of Section 9 hereof with respect to removal of Alterations and Tenant Improvements from the Premises and all other matters addressed in such Section. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Landlord and Tenant shall meet 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.
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Samples: Office Lease (Tableau Software Inc)
Surrender of Premises. Upon Whenever under the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right terms hereof Landlord is entitled to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required at once shall surrender the Premises and the keys thereto to remove pursuant to Section 8 hereof), to Landlord Landlord. The Premises will be delivered in good broom clean condition and repairotherwise in the same condition as on the Commencement Date, damage due to casualty and ordinary wear and tear associated with the responsible use of first-class office space only excepted; conditions existing because , and Tenant shall remove all of its personal property therefrom and all Cable installed by or for the benefit of Tenant and shall, to the extent required in accordance with the provisions of this Lease and if directed to do so by Landlord, in accordance with the provisions of Section 22, remove any Tenant Improvements or Alterations and restore the Premises to its original condition prior to the construction of such Tenant Improvements or Alterations which have been made therein by or on behalf of Tenant. If Tenant previously performed Specialty Improvements requiring Landlord’s failure consent pursuant to perform maintenanceSection 22(a) above but for which Tenant failed to procure Landlord’s consent (“Non-Approved Alterations”), repairs Landlord may, on or replacements as required before the Expiration Date, require that Tenant remove all or any of such Non-Approved Alterations if Landlord in good faith determines that any of such items constitutes a Specialty Improvement. Landlord and Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender will jointly tour the Premises prior to the Expiration Date in order to create a schedule of Non-Approved Alterations. Landlord all keys to may forthwith re-enter the Premises and make known to Landlord the explanation repossess itself thereof and remove all persons and effects therefrom, using such force as may be reasonably necessary without being guilty of all combination locksforcible entry, which Tenant is permitted to leave on the Premisesdetainer, trespass or other tort. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after obligation to observe or perform these covenants shall survive the expiration or other termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a bxxx of saleTerm.
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Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove Tenant’s Property from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear tear, casualty and condemnation excepted; conditions existing because . Tenant shall also be required to remove the Required Removables in accordance with Article VIII and to repair any and all damage to the Premises or the Building caused by or resulting from Tenant’s removal of Tenant’s failure Property or Required Removables; provided, however, in no event will Tenant be required to perform maintenance(i) remove any alterations or improvements in the Premises existing as of the Effective Date or the Initial Alterations, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear (ii) patch, repair or replace small and tear.” Tenant shall surrender to Landlord all keys minor holes (i.e. nail holes) in or damage to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on walls or carpeting in the Premises. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property within one (1) day 2 days after the termination of this Lease, Lease or of Tenant’s right to possession hereunderpossession, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or and store such Tenant’s Property and Property. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant’s Property. Tenant shall pay Landlord, upon demand, any the expenses and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlordincurred for Tenant’s Property. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) 30 days after written notice from Landlordnotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Property to have been abandoned by Tenant be abandoned, and title thereof to Tenant’s Property shall be deemed to be immediately pass to Landlord under this Lease as by a bxxx of salevested in Landlord.
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