Surrender of Premises. Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 2 contracts
Samples: Sublease, Sublease (Horizon Pharma PLC)
Surrender of Premises. Tenant will surrender each Phase of the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean accordance with Section 5.6, above, and in as good order, condition and repair, consistent with Tenant’s maintenance obligations repair (subject to any repairs and replacements which Landlord is expressly obligated to make under this Lease) as such Phase was delivered to Tenant on the Applicable Phase Delivery Date, reasonable wear and tear, acts of Landlord, tear and damage by casualty or Taking condemnation excepted, and otherwise in its then “as-is” condition. Tenant will, upon such On or before the expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office termination of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall remove from the Premises Tenant’s Property (subject to Landlord’s (or Landlord’s affiliate’s) rights under the Collateral Agreements) and any Removal Alterations, but Tenant shall not have any other obligation to remove any Alterations (other than the right, Removal Alterations) at the expiration or sooner earlier termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removalits or a member of the Tenant Group’s removal of the Tenant’s Property and Removal Alterations. Subject Upon Tenant’s reasonable written request, Landlord shall provide Tenant reasonable access to the terms Premises for a period of Section 13.10one hundred eighty (180) days following the expiration or earlier termination of this Lease for the removal of Tenant’s Property; provided, all however, Landlord may determine in its reasonable discretion the days and times during which Tenant may enter the Premises for such purpose, and Tenant shall minimize any interference with Landlord’s use of the Premises while Tenant is on the Premises. All property of Tenant or a member of the Tenant Group not removed on or before the last day of the Term is shall be deemed abandonedabandoned if not removed by Tenant within 180 days after written notice from Landlord. Tenant will indemnify and hold Landlord harmless from, unless Tenant is then in occupancy 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 pursuant on Tenant’s behalf to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject complete to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon Tenant’s Property following expiration or earlier termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 2 contracts
Samples: Facility Lease Agreement (GT Advanced Technologies Inc.), Facility Lease Agreement (GT Advanced Technologies Inc.)
Surrender of Premises. Tenant will surrender the Premises to Landlord at Upon the expiration or earlier of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in broom clean any event within ten (10) days thereafter)), Tenant shall surrender to Landlord the Premises, including all Alterations constructed by Tenant therein, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair, consistent with Tenant’s maintenance obligations under this Leaserepair as existed as of the Commencement Date, reasonable wear and tear, acts of Landlord, tear and damage by from fire or other casualty or Taking excepted, and otherwise in its then “as-is” condition. any new buildings, alterations, improvements, replacements or additions constructed by Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord and remaining at the office of the BuildingPremises, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises same or on the Propertybetter condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Tenant will at such time remove (a) all Any of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was Personal Property installed or placed in on the Premises as part by Tenant or any subtenant or assignee of Tenant’s Improvements , if not removed within ten (10) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any Alterationspayment or offset therefor if Landlord so elects. If Landlord shall not so elect, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to may remove such property from the Premises and/or Property; and have it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, stored at Tenant’s sole election, so long as the floor, wall risk and ceiling surfaces of the Premises are left finished expense. Tenant shall repair and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any restore and save Landlord harmless from all damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoremoval by Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Big Lots Inc), Lease Agreement (Big Lots Inc)
Surrender of Premises. Tenant will surrender Upon the Premises to Landlord at the expiration expira- tion or earlier termination of this Lease the Term, Tenant shall deliver up and surrender to Landlord possession of the Premises, including all alterations, additions, improvements and fixtures, other than Tenant's trade fixtures, in broom clean good order, condition and state of repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable ordinary wear and tear, acts of Landlord, damage by casualty or Taking tear excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender shall deliver all keys to the Premises to Property Manager or to the office of Landlord at the office of the Building, Shopping Center or as Landlord or Property Manager may otherwise directdirected by Landlord. Tenant will also inform Landlord shall have fifteen (15) days after the date the Term of all combinations on locksthis Lease expires or earlier terminates to remove its personal property, safes and vaultstrade fixtures; provided, if anyhowever, which Tenant has left in the Premises or on the Property. Tenant will at such time remove that
(a) Tenant shall repair all damage to the Premises resulting from or arising out of Tenant’s personal property and trade fixtures from the Premisessuch removal, (b) during such period Tenant shall perform and be liable for all cabling which was placed obliga-tions and condi-tions imposed on Tenant hereunder except for the payment of Rent, including, without limitation, maintenance, repair, apportionment of taxes, maintenance of insurance, compliance with Requirements and assumption of liability for the Premises. The obligations set forth in the Premises as part preceding sentence shall survive the termination of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all Any property of Tenant not removed on or before from the last Premises within such fifteen (15) day of the Term is period shall be deemed abandoned. In addition to all other remedies available, unless Tenant is then in occupancy Landlord may, but shall not be obligated to, retain or dispose of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event any or all such property may remain in without liability to Tenant. In the Premises subject event that Landlord elects to the terms dispose of said month-to-month lease. such property, Landlord may shall so notify Tenant, and Tenant shall, no later than ten (10) days after such notice, remove any all such abandoned property from the Premises upon termination of this LeasePremises; provided, however, that if Tenant fails to so remove such property, then Landlord may do so, and Tenant shall pay to cause its transportation and storage for Tenant’s benefitLandlord, on demand, all costs and expenses incurred by Landlord in disposing of such property, including, without limitation, reasonable attorneys' fees and disbursements, together with interest thereon, calcu- lated at the sole cost and risk of Tenant. Interest Rate, from the date Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoex-pended such amounts.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Gottschalks Inc), Store Lease Agreement (Gottschalks Inc)
Surrender of Premises. Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the rightshall, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or least 90 days before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy arrange to meet Landlord for a joint inspection of the Premises. In the event of Tenant’s failure to arrange such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises pursuant shall be conclusively deemed correct for purpose of determining Tenant’s responsibility for repairs and restoration. At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to a month-to-month lease as described in Section 16.2Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in which event such property may remain in the Premises subject to same condition as received or first installed broom clean and free of all debris, ordinary wear and tear and damage by fire, earthquake, Act of God, or the terms of said month-to-month leaseelements alone excepted. Landlord may remove any such abandoned property from the Premises Tenant may, upon termination of this Lease, remove all movable partitions of less than full height from floor to ceiling, counters, and other personal property and trade fixtures of Tenant removable without material damage to cause its transportation and storage for such property or the Premises previously installed by Tenant, at Tenant’s benefitsole cost, title to which shall be in Tenant until such termination repairing such damage caused by such removal. Property not so removed shall be deemed abandoned by Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of sale. Upon request by Landlord, Tenant shall remove any or all permanent improvements or additions to the Premises installed at the sole Tenant’s cost and risk all movable partitions, counters and other personal property of Tenant removable without material damage to such property or the Premises which may be left by Tenant and repair any damage resulting from such removal. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation any claims made by any succeeding tenant founded on such delay. All obligations of Tenant hereunder not fully performed as of the expiration or earlier termination of the Term of this Lease shall survive the expiration or earlier termination of the Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary: (i) to repair, restore and broom clean the Premises as provided herein, removing Tenant’s personal property if necessary; and (ii) to discharge Tenant’s obligation for unpaid amounts due Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant. Landlord will not be , with Tenant being liable for damageany additional costs upon demand by Landlord, theft, misappropriation or loss thereof or in with any manner in respect theretoexcess to be returned to Tenant after all such obligations have been determined and satisfied.
Appears in 2 contracts
Samples: Lease Agreement (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)
Surrender of Premises. Upon the expiration of the Term or any earlier termination or cancellation of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant’s right to possession of the Premises, Tenant will at once surrender and deliver possession of the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean good condition and repairrepair including, consistent with Tenant’s but not limited to, replacing all light bulbs and ballasts not in good working condition, except for reasonable wear and tear. Reasonable 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, reasonable wear and tear, acts or any deterioration in the condition or value of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office any part of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the remainder of the Property that results from any Hazardous Materials that any Tenant Party brings onto the Property. Tenant will at , Upon such time remove (a) all termination of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have remove all tenant signage, personal property and any Alterations as to which Landlord has required such removal as a condition to Landlord’s giving any consent required under Section 9.1 above. Tenant shall repair any damage caused by the rightremoval of any signs, at trade fixtures, furniture, furnishings, fixtures, additions, and improvements that are removed from the Premises by Tenant. Tenant shall ensure that the removal of such items and the repair of the Premises will be completed before such termination of this Lease. Approximately 90 days before the expiration or sooner termination of the Term, Landlord shall be entitled to either remove from inspect the Premises or Property or leave at HVAC systems and the Premises or Propertysprinkler and other fire safety systems, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Propertyshall, at Tenant’s sole electioncost and expense, so long as perform all repairs and replacements necessary to bring the floor, wall HVAC systems and ceiling surfaces sprinkler and other fire safety systems into good working condition upon the expiration of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoTerm.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (WuXi PharmaTech (Cayman) Inc.)
Surrender of Premises. Upon the expiration of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in any event within thirty (30) days thereafter during which 30-day period Tenant will shall be liable for holdover rent pursuant to Section 30 hereof)), Tenant shall surrender to Landlord the Premises, including all Alterations constructed by Tenant therein and all Personal Property (other than Alterations that Tenant is required to remove in accordance with Section 14 below and expressly excluding any and all Tenant’s Personal Property), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Law (including, without limitation, Environmental Laws), to the extent required by Section 12 and Section 28, and in as good (or better) condition and repair as required pursuant to Section 11, reasonable wear and tear and damage from fire or other casualty excepted. Upon the expiration or earlier termination of this Lease, Tenant shall have the right to remove any or all of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, in which case Tenant shall be responsible for repairing any and all damage to the Premises caused by said removal. In the event Tenant fails to remove all of Tenant’s Personal Property from the Premises within thirty (30) days after expiration or earlier termination of this Lease; then any such Tenant’s Personal Property not so removed shall, at Landlord’s election, be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored or discarded at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to the Premises caused by such removal by Landlord, except to the extent caused by the gross negligence or willful misconduct of Landlord or any Landlord’s Representatives. Notwithstanding anything to the contrary contained herein, in the event that any applicable EV Agreements are still in force at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of unless requested by Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have not remove the right, at EV Equipment and such EV Equipment shall become the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on Landlord without any payment or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretooffset therefor.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Sierra Bancorp), Purchase and Sale Agreement (Sierra Bancorp)
Surrender of Premises. Tenant will surrender the Premises to Landlord at Upon the expiration or earlier termination of this Lease Sublease or the termination of Subtenant’s right of possession to the Premises, Subtenant shall surrender and vacate the Premises and deliver possession thereof to Sublandlord peaceably and quietly in broom clean the same condition and repair, consistent with Tenant’s maintenance obligations under this Leasethey are in as of the date hereof, reasonable wear and tear, acts of Landlord, tear and damage by from casualty or Taking excepted, and otherwise in its then Subtenant shall further comply with all of Sublandlord’s duties as “as-isTenant” condition. Tenant will, upon such expiration or earlier termination, under the Prime Lease relating to surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaultsPremises, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove If: (a) all required by the terms of Tenant’s personal property and trade fixtures from the Premises, Prime Lease or this Sublease; or (b) all cabling which was placed upon the occurrence of an Event of Default hereunder (and in such case, at Sublandlord’s request), Subtenant shall promptly remove any alterations, installations, additions, and improvements, and Subtenant shall repair any damage occasioned by the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signageremoval thereof, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenantto the extent required by, and (d) those Non-Standard Alterations installed by Tenant that in accordance with, Section 9 hereof. If Subtenant shall fail to promptly remove any such alterations, installations, additions, and improvements which Sublandlord or the Prime Landlord required shall designate to be removed concurrently in accordance with Landlord’s approval of the plans therefor pursuant to Section 8.3this Section, then such items may be removed by Sublandlord, and Subtenant shall promptly reimburse Sublandlord for any expenses incurred by Sublandlord in connection therewith, including, without limitation, the cost of removal thereof and of repairing any damage caused thereby, plus a fifteen percent (e15%) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to administration fee. Subtenant shall also remove from the Premises and/or Property; it being agreed thatall of Subtenant’s goods, other than the effects, movable personal property, business and trade fixtures, and machinery and trade equipment, and shall repair all damage resulting from such removal. Any of such items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, not so removed by Subtenant at the expiration or sooner termination of the Termthis Sublease shall be conclusively deemed to have been abandoned by Subtenant. Subtenant shall not receive any cost or credit therefor, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces Sublandlord may dispose of the Premises are left finished same without any liability to Subtenant; provided, however, that Subtenant shall promptly reimburse Sublandlord for any expenses incurred by Sublandlord in connection therewith, including, without limitation, the cost of removal thereof and enclosed. Subject to Section 10.3.2, Tenant will promptly repair of repairing any damage caused thereby, plus a fifteen percent (15%) administration fee. Subtenant shall have no obligation to remove any installations or improvements made to the Premises caused by such removal. Subject prior to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoTerm.
Appears in 2 contracts
Surrender of Premises. Tenant will shall, upon expiration or sooner termination of this Lease, surrender the Premises to Landlord at the expiration or earlier termination of this Lease broom clean, and in broom clean good order, condition and repair, consistent with ordinary wear and tear and damage which Tenant is not obligated to repair excepted. Without limiting the other provisions of this Section, (a) all space in the Premises shall be clean, well-maintained and presentable for re-leasing; (b) any damage in excess of ordinary wear and tear shall be repaired; (c) all damaged or inoperable window coverings shall be repaired or replaced; (d) any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational; (e) all doors and door hardware shall be operational and without visible damage; and (f) all interior partition glass shall be cleaned. No damage shall be considered ordinary wear and tear if it should have been repaired to satisfy the Tenant’s maintenance obligations ongoing obligation to maintain the Premises under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant willshall, at Tenant’s sole cost, remove upon termination of this Lease, any and all 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”). Personal Property not so removed shall be deemed abandoned by Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of sale, but Tenant shall remain responsible for the cost of removal and disposal of such expiration Personal Property, as well as any damage caused by such removal. At or earlier terminationbefore the time of surrender, surrender Tenant shall comply with the terms of Section 9 hereof with respect to removal of Alterations from the Premises and all other matters addressed in such Section. All keys to the Premises to Property Manager or any part thereof shall be surrendered to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the upon expiration or sooner termination of the Term, . Tenant shall give written notice to either remove from Landlord at least thirty (30) days prior to vacating the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces shall meet with Landlord for a joint inspection of the Premises are left finished and enclosed. Subject to Section 10.3.2at the time of vacating, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day but nothing contained herein shall be construed as an extension of the Term is or as a consent by Landlord to any holding over by Tenant. If Tenant does not give such notice or participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed abandonedcorrect for purposes of determining Tenant’s responsibility for repairs and restoration. If Tenant does not carry out its obligations under this Section before the Expiration Date, unless Landlord may consider Tenant is then to be in occupancy possession of the Premises pursuant to a month-to-month lease as described in until such work has been completed and the provisions of Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto19 shall apply.
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Samples: Office Lease, Office Lease (Redfin CORP)
Surrender of Premises. Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean good order, condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Casualty and Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, will surrender all keys to the Premises to Property Manager or to Landlord at the office place then fixed for Tenant’s payment of the Building, Basic Rent or as Landlord or Property Manager may otherwise directdirects. Tenant will at such time remove all of Tenant’s Personal Property from the Property and, if Landlord so requires, all specified Alterations Tenant placed on the Property. Tenant will promptly repair any damage to the Premises or the Property caused by such removal. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which that Tenant has left in the Premises or on is allowed to leave at the Property. Tenant releases and will at such time remove indemnify, protect, defend (awith counsel reasonably acceptable to Landlord) all of and hold harmless Landlord from and against any Claim resulting from Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed failure or delay in surrendering the Premises as part of Tenant’s Improvements or any Alterationsin accordance with this Section, or otherwise by Tenantincluding, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Propertywithout limitation, any Tenant’s Improvements and Alterations installed Claim made by or any succeeding occupant founded on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosedsuch delay. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all All property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any all such abandoned property from the Premises upon termination of this Lease, Property and to cause its transportation and storage for Tenant’s benefit, all in a public warehouse or elsewhere at the sole cost and risk for the account of Tenant, and if Tenant fails to pay the storage charges therefor Landlord may cause such property to be sold or otherwise disposed of without further obligation or any accounting to Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof of any such property or in any other manner in respect thereto.
Appears in 1 contract
Samples: Multi Tenant Lease Agreement (SXC Health Solutions Corp.)
Surrender of Premises. Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean good order, condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, permitted Alterations and damage by casualty or Taking condemnation (other than any Landlord Unreleased Casualty Claims as defined in Section 10.2.3 above) excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, will surrender all keys to the Premises to Property Manager or to Landlord at the office place then fixed for Tenant’s payment of the Building, Basic Rent or as Landlord or Property Manager may otherwise directdirects. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal its property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed thatand, other than if Landlord so requests, all specified Alterations and improvements Tenant placed on the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosedPremises. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject Tenant releases and will indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless Landlord from and against any Claim resulting from Tenant’s failure or delay in surrendering the terms of Section 13.10Premises in accordance with this Section, all 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. Tenant appoints Landlord as Tenant’s agent to remove, unless Tenant is then in occupancy at Tenant’s sole cost and expense, all of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned Tenant’s property from the Premises upon termination of this Lease, Lease and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. , and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Surrender of Premises. 26.1 Tenant will surrender and Landlord shall meet for two (2) joint inspections of the Premises at a time reasonably and mutually acceptable to both Landlord and Tenant, the first to occur at least thirty (30) days (but no more than sixty (60) days) before the expiration or earlier termination last day of this Lease in broom clean condition the Term, and repair, consistent with the second to occur not later than forty-eight (48) hours after Tenant has vacated the Premises. In the event of Tenant’s maintenance obligations under this Leasefailure to agree to schedule such joint inspections and/or participate in either such inspection, reasonable wear Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and tearrestoration.
26.2 All alterations, acts of Landlord, damage by casualty or Taking exceptedadditions, and otherwise in its then “as-is” condition. Tenant willimprovements in, upon such expiration on, or earlier termination, surrender all keys to the Premises to Property Manager made or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, including, without limitation, carpeting (collectively, “Alterations”), shall be and (d) those Non-Standard Alterations installed by remain the property of Tenant that Landlord required be removed concurrently with Landlord’s approval of during the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at Term. Upon the expiration or sooner termination of the Term, all Alterations shall become a part of the realty and shall belong to either Landlord without compensation, and title shall pass to Landlord under this Lease as by a xxxx of sale. At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all Alterations by whomsoever made, in the same condition received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, Tenant shall, at Tenant’s sole cost, remove from the Premises or Property or leave any Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal. Tenant must, at the Premises or PropertyTenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s Improvements furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and Alterations other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by the Tenant at and title to the Propertysame shall thereupon pass to Landlord under this Lease as by a xxxx of sale, at Tenant’s sole electionbut Tenant shall remain responsible for the cost of removal and disposal of such Personalty, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair well as any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination 6.4 of this Lease, in lieu of requiring Tenant to remove Alterations and Personalty and repair the Premises as aforesaid, Landlord may, by written notice to cause its transportation Tenant delivered at least thirty (30) days before the Termination Date, require Tenant to pay to Landlord, as additional rent hereunder, the cost of such removal and storage for repair in an amount reasonably estimated by Landlord.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant’s benefit, all at the sole cost obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and risk held by Landlord for payment of such obligations of Tenant. Landlord will not be , with Tenant being liable for damageany additional costs upon demand by Landlord, theft, misappropriation or loss thereof or in with any manner in respect theretoexcess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease.
Appears in 1 contract
Surrender of Premises. Tenant will hereby agrees to vacate the Phase 1 Premises and surrender and deliver exclusive possession of the Phase 1 Premises to Landlord at on or before the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking exceptedPhase 1 Termination Date, and otherwise to vacate the Phase 2 Premises and surrender and deliver exclusive possession of the Phase 2 Premises to Landlord on or before the Phase 2 Termination Date, each in its then “asaccordance with the provisions of the Lease and this Agreement. On or before the Phase 1 Termination Date, Tenant shall, at Tenant's sole cost and expense, remove or cause to be removed from the Phase 1 Premises any and all of Tenant's personal property, and such similar articles of any other persons claiming under Tenant, and deliver the Phase 1 Premises to Landlord in a broom-is” clean condition. Tenant will, upon such expiration or earlier termination, surrender all keys shall be obligated to remove the Premises to Property Manager or to Landlord at the office building-top component of “Tenant’s Signage” (as that term is defined in Section 23.4 of the BuildingOffice Lease) on or before August 31, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks2022, safes and vaults, if any, which Tenant has left in the manner required under the Lease. Similarly, on or before the Phase 2 Termination Date, Tenant shall, at Tenant's sole cost and expense, remove or cause to be removed from the Phase 2 Premises or on the Property. Tenant will at such time remove (a) any and all of Tenant’s 's personal property and trade fixtures from such similar articles of any other person's claiming under Tenant, and deliver the PremisesPhase 2 Premises to Landlord in a broom-clean condition, (band in addition Tenant shall be obligated to remove Tenant’s sign(s) all cabling which was placed in on any monument sign(s) serving the Premises Project installed as part of Tenant’s Improvements Signage on or any Alterationsbefore the Phase 2 Termination Date, or otherwise by Tenant, (c) in the manner required under the Lease. Tenant shall immediately repair at its own expense all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment damage to the Phase 1 Premises and all emergency generators installed by or for TenantPhase 2 Premises, and (d) those Non-Standard Alterations installed by the Building, resulting from any such removal in the manner required under the Lease. If Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant fails to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises timely complete such removal and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal, Landlord may (but shall not be obligated to) take such action as is permitted to Landlord in the Lease. Subject In the event Tenant fails to surrender the terms of Section 13.10Phase 1 Premises and/or the Phase 2 Premises by the applicable Termination Dates, all property of Tenant not removed on or before then the last day holdover provisions of the Term is deemed abandonedLease, unless Tenant is then in occupancy including, without, limitation, Article 16 of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoshall apply.
Appears in 1 contract
Samples: Lease Termination Agreement (Amn Healthcare Services Inc)
Surrender of Premises. Tenant will surrender Upon the Premises to Landlord at the expiration or earlier termination of this Lease Lease, whether by forfeiture, lapse of time or otherwise, upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in broom clean writing, that Landlord will require Tenant not to remove, to Landlord in good condition and repairrepair (including, consistent with Tenant’s but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from die use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease, reasonable wear and tear, acts . Upon such termination of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Propertythi; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the rightremove all tenant signage, at the expiration trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing, that Tenant not remove some or sooner termination all of the Termsuch fixtures (other than trade fixtures), to either remove from the Premises additions or Property or leave at the Premises or Propertyimprovements installed by, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at or situated in or about the Property, at Tenant’s sole election, so long as Premises. By the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject date which is twenty (20) days prior to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant not to cause its transportation remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and storage for Tenant’s benefitimprovements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, then Tenant shall remove all at tenant signage, alterations, furniture, furnishings, trade fixtures, additions and other improvements installed in or about the sole cost and risk Premises by, or on behalf of Tenant. Landlord Tenant shall ensure that & removal of such items and the repair of the Premises will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretocompleted prior to such termination of this Lease.
Appears in 1 contract
Surrender of Premises. Tenant will shall surrender the Premises to Landlord at the expiration or earlier sooner termination of this Lease the Term (as it may be extended) in broom clean as good a state of and condition and repairrepair as the same was in on the Effective Date, consistent with Tenant’s maintenance obligations under this Leasebroom-clean, except for reasonable wear and tear. All alterations and improvements, acts of Landlordincluding HVAC equipment, damage by casualty wall coverings, carpeting and other floor coverings, ceiling tiles, window treatments, lighting fixtures, built-in or Taking exceptedattached shelving, built-in furniture, millwork, countertops, cabinetry, all doors (both exterior and interior), bathroom fixtures, sinks, kitchen area improvements, and otherwise wall mirrors, made by Landlord or Tenant or their contractors to the Premises, and any wiring or cables in its then “as-is” condition. Tenant willthe Building serving the Premises, shall become Landlord’s property upon such the expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office sooner termination of the Building, or as Landlord or Property Manager may otherwise direct. Term with no compensation to Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left shall remain in the Premises and Building upon the expiration or on the Property. Tenant will at such time remove (a) all termination of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease. Notwithstanding the foregoing, Tenant shall have the rightright to remove either during the Term (or any extension thereof), or upon termination of the Lease any trade fixtures which are removable and which were installed by Tenant (including without limitation automated teller machines, computer equipment, safety deposit boxes), provided that Tenant shall repair any damage caused by such removal, at its expense, in a good and workmanlike manner with, within twenty (20) days of written request by Landlord delivered to Tenant either during or after the Term. If Tenant fails to perform such removal in accordance with the foregoing terms, Landlord may perform such work and in such event Tenant shall reimburse Landlord for the costs thereof within thirty (30) days of Tenant’s receipt of a written demand from Landlord, and if Tenant fails to pay such costs when due the amount due shall bear interest at the amount set forth in Section 19F above. On the expiration or sooner termination of the Term, to either Tenant, at its expense, shall remove from the Premises all moveable trade fixtures, machinery and equipment, including moveable communications equipment and moveable office equipment, that are installed in the Premises by Tenant without expense to Landlord, and all moveable trade fixtures, furniture, furnishings, and other articles of moveable personal property owned by Tenant and located in the Premises. Any items of Tenant’s property that shall remain in the Premises after the expiration or Property or leave sooner termination of the Term, may, at the Premises option of Landlord, be deemed to have been abandoned, and in that case, those items may be retained by Landlord as its property to be disposed of by Landlord, without accountability to Tenant or Propertyany other party, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at in the Propertymanner Landlord shall determine, at Tenant’s sole election, so long as expense. The provisions of this Section 20 shall survive the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on expiration or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
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Surrender of Premises. Tenant will surrender Upon the Premises to Landlord at the expiration or earlier termination of this Lease Lease, whether by forfeiture, lapse of time or otherwise, upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in broom clean writing, that Landlord will require Tenant not to remove, to Landlord in good condition and repairrepair (including, consistent with Tenant’s but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in wh&h the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from die use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease, reasonable wear and tear, acts . Upon such termination of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Propertythi; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the rightremove all tenant signage, at the expiration trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing, that Tenant not remove some or sooner termination all of the Termsuch fixtures (other than trade fixtures), to either remove from the Premises additions or Property or leave at the Premises or Propertyimprovements installed by, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at or situated in or about the Property, at Tenant’s sole election, so long as Premises. By the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject date which is twenty (20) days prior to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant not to cause its transportation remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and storage for Tenant’s benefitimprovements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, then Tenant shall remove all at tenant signage, alterations, furniture, furnishings, trade fixtures, additions and other improvements installed in or about the sole cost and risk Premises by, or on behalf of Tenant. Landlord Tenant shall ensure that & removal of such items and the repair of the Premises will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretocompleted prior to such termination of this Lease.
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Samples: Lease Agreement (Third Enterprise Service Group Inc)
Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant will shall quietly and peacefully surrender the Premises to Landlord at in the expiration 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 and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear Tenant, at its cost and tearexpense, acts shall remove all of Landlord, its personal property from the Premises and repair all damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the BuildingProject caused by such removal. In addition, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) at its cost and expense, shall remove all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused by such removal as follows: (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 (dii) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval in the case of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in earlier termination of this Lease, Tenant shall have 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 rightproperty of Landlord (without payment by Xxxxxxxx), at the expiration or sooner termination of the Termand shall be surrendered in good condition and working order, to either remove from the Premises or Property or leave at the Premises or Propertylien free, any Tenant’s Improvements and Alterations installed properly labeled with an identification system reasonably approved by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosedLandlord. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all All personal property of Tenant not removed on hereunder shall be deemed, at Landlord’s option, to be abandoned by Xxxxxx and Landlord may, without any liability to Tenant for loss or before the last day damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or same in any manner in respect theretopermitted by law.
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Surrender of Premises. (a) The voluntary or other surrender of this Lease by Tenant will to Landlord, or a mutual termination thereof, shall not work a merger, and shall at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies affecting the Premises.
(b) Upon the expiration of the term of this Lease, or upon any earlier termination of this Lease, Tenant shall quit and surrender possession of the Premises to Landlord at in as good order and condition as the expiration same are now or earlier termination of this Lease in broom clean condition and repair, consistent with hereafter may be improved by Landlord or Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of tear and repairs which are Landlord, damage by casualty or Taking 's obligation excepted, and otherwise shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, moveable partitioning and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and all similar articles of any other persons claiming under Tenant unless Landlord exercises its then “as-is” condition. option to have any subleases or subtenancies assigned to it, and Tenant will, upon such expiration or earlier termination, surrender shall repair all keys damage to the Premises resulting from such removal.
(c) Any property of Tenant not removed by Tenant upon the expiration of the term of this Lease (within forty-eight (48) hours after a termination or re-entry by Landlord pursuant to Property Manager Article 21 hereof) shall be considered abandoned. Landlord shall give Tenant notice of its right to reclaim abandoned property pursuant to California Civil Code Section 1980 et. seq., and may, thereafter, remove any or all of such items and dispose of the same in any manner or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. Tenant hereby grants to Landlord at the office of the Buildinga security interest in said abandoned property, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises event it is not reclaimed within the statutory period. It Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or on the Property. Tenant will more, Landlord may sell any or all of such property at public or private sale, in such manner and at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises places as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects may deem proper without notice to remove or demand upon Tenant, and shall apply the proceeds of such sale: first, to the costs and expenses of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the costs for the removal and storing of any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the Premises and/or Propertyterms hereof; it being agreed thatand fourth, other than the items described in clauses (a) through balance, if any, to Tenant.
(d) above All fixtures, equipment, alterations, additions, fixed partitions and/or appurtenances attached to or as expressly provided in this Leasebuilt into the Premises prior to or during the term hereof, whether by Landlord at its expense or at the expense of Tenant or both, shall have be and remain part of the right, Premises and shall not be removed by Tenant at the end of the term hereof unless such removal is required by Landlord pursuant to written notice to Tenant given at least thirty (30) days prior to the expiration or sooner termination of the Termterm of this Lease. Such fixtures, to either remove from equipment, alterations, additions, improvements and/or appurtenances shall include but not be limited to: All floor coverings, drapes, paneling, molding, doors, vaults (exclusive of vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the Premises systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of ceiling installations.
(e) Tenant at the Propertyshall, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or least three-hundred sixty (360) days before the last day of the Term is deemed abandonedterm hereof, unless Tenant is then in occupancy give to Landlord a written notice of intention to surrender the Premises on or before that date, but nothing contained herein shall be construed as an extension of the Premises pursuant term hereof or as consent of Landlord to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for holding over by Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Samples: Lease Agreement (Tickets Com Inc)
Surrender of Premises. 26.1 Tenant will surrender 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 Txxxxx has vacated the Premises. In the event of Txxxxx’s failure to arrange such joint inspections and/or participate in either such inspection, Lxxxxxxx’s inspection at or after Txxxxx’s vacating the Premises to Landlord at the expiration or earlier termination shall be conclusively deemed correct for purposes of this Lease in broom clean condition and repair, consistent with determining Tenant’s maintenance obligations under this Leaseresponsibility for repairs and restoration.
26.2 All alterations, reasonable wear and tear, acts of Landlord, damage by casualty or Taking exceptedadditions, and otherwise in its then “as-is” condition. Tenant willimprovements in, upon such expiration on, or earlier termination, surrender all keys to the Premises to Property Manager made or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, including, without limitation, carpeting (collectively, “Alterations”), shall be and (d) those Non-Standard Alterations installed by remain the property of Tenant that Landlord required be removed concurrently with Landlord’s approval of during the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at Term. Upon the expiration or sooner termination of the Term, all Alterations shall become a part of the realty and shall belong to either Landlord without compensation, and title shall pass to Landlord under this Lease as by a bill of sale. At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all Alterations by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, Tenant shall, at Tenant’s sole cost, remove from the Premises or Property or leave any Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal. Tenant must, at the Premises or PropertyTenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s Improvements furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and Alterations other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by the Tenant at and title to the Propertysame shall thereupon pass to Landlord under this Lease as by a bill of sale, at Tenant’s sole electionbut Tenant shall remain responsible for the cost of removal and disposal of such Personalty, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair well as any damage to the Premises caused by such removal. Subject In lieu of requiring Tenant to remove Alterations and Personalty and repair the terms Premises as aforesaid, Landlord may, by written notice to Tenant delivered at least thirty (30) days before the Termination Date, require Tenant to pay to Landlord, as additional rent hereunder, the cost of Section 13.10, all property such removal and repair in an amount reasonably estimated by Landlord.
26.3 All obligations of Tenant under this Lease not removed on fully performed as of the expiration or before the last day earlier termination of the Term is deemed abandoned, unless Tenant is then in occupancy shall survive the expiration or earlier termination of the Premises pursuant Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to a month-to-month lease Landlord the amount, as described in Section 16.2estimated by Landlord, in which event such property may remain in necessary to repair and restore the Premises subject as provided in this Lease and/or to discharge Tenant’s obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of amount payable by Tenant under this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Surrender of Premises. Tenant will hereby agrees to vacate the Premises and surrender and deliver exclusive possession of the Premises to Landlord at any time during the expiration period commencing on July 31, 2019 and ending on the Termination Date in accordance with the applicable surrender provisions of the Lease; provided, however, that, notwithstanding anything to the contrary set forth in the Lease (including, without limitation, Section 21 of the Original Lease), Tenant shall not be required to remove (A) any alterations, additions or earlier termination improvements previously made to the Premises prior to the Effective Date, (B) the Lines, or (C) the Generator (the date on which Tenant so surrenders and delivers exclusive possession of the Premises to Landlord in accordance with this Lease Agreement is referred to as the "Surrender Date"). Without limiting the generality of the foregoing, on or before the Surrender Date, Tenant shall, at Tenant's sole cost and expense, remove or cause to be removed from the Premises any and all furniture, trade fixtures and equipment, free-standing cabinet work, and, subject to the foregoing sentence, all other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking exceptedthe Premises, and otherwise such similar articles of any other persons claiming under Tenant, and deliver the Premises to Landlord in its then “asa broom-is” clean condition. Tenant will, upon such expiration or earlier termination, surrender shall immediately repair at its own expense all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises and the Building resulting from any such removal. If Tenant fails to complete such removal and/or repair all damage to the Premises and the Building caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease(but shall not be obligated to) do so, and may charge the reasonable and actual costs incurred by Landlord in connection therewith to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk which costs shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoinvoice therefor from Landlord.
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Surrender of Premises. Tenant will surrender the Premises to Landlord at the expiration or earlier At termination of this Lease or any renewal term, the Lessee does agree to deliver the Premises in broom clean the same condition and repairas received by it on the Commencement Date, consistent with Tenant’s maintenance obligations under this Lease(subject to the removals hereinafter required) as the Leased Premises were on the date the Lessee opened the Leased Premises for business to the public, reasonable wear and tear, acts of Landlord, damage by casualty or Taking tear excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, shall surrender all keys to for the Leased Premises to Property Manager or to Landlord Lessor at the office place then fixed for the payment of the Buildingrent, or as Landlord or Property Manager may otherwise direct. Tenant will also and shall inform Landlord Lessor of all combinations on combination of locks, safes and vaults, if any, which Tenant has left in the Premises Leased Premises. Lessee, during the last thirty (30) days of such term, shall remove all its trade fixtures, and, to the extent required by Lessor by written notice, any other installations, alterations or on improvements provided herein, before surrendering the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Leased Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment aforesaid and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Leased Premises caused by such removalthereby. Subject Lessee's obligation to observe or perform this covenant shall survive the terms of Section 13.10, all property of Tenant not removed on expiration or before the last day other termination of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain Lease term. Any items remaining in the Premises subject to on the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination date of this Lease shall be deemed abandoned for all purposes and shall become the property of Lessor, and the latter may dispose of the same without liability of any type or nature. Lessee shall remove back to its source, all cabling for phones, computers, data lines, electrical lines and all other wiring which were not a part of the original Leased Premises. Ceilings and walls will be professionally repaired to original condition.
26.1 During any time of the Lease or at the end of the Lease, the definition for "ordinary wear and to cause its transportation tear" shall be defined as follows: The space shall be clean; the walls shall be free of holes, tears, scrapes, gouges, stains or marks, nothing that a single coat of paint (if the walls were previously painted) could not cover. Ceiling tiles and storage for Tenant’s benefitgrid will all be in place with no damage. Door/hardware will operate freely, with no scratches, dents, holes or damage. Floor coverings will be clean with no holes, snags, stains, wrinkles or damage. All ceiling lights will be working with ----------------- ------------------ LESSOR'S Initials LESSEE'S Initials no missing or burned out tubes, bulbs or broken lens, all at electrical devices will be working and in place with no cracked or missing covers or damaged devices. At the sole cost and risk end of Tenant. Landlord the Lease, the space will not be liable cleaned, carpets shampooed with everything in a good state of repair (except paint) ready for damage, theft, misappropriation or loss thereof or in any manner in respect theretothe Lessor to relet.
Appears in 1 contract
Surrender of Premises. 26.1 Tenant shall, at least thirty (30) days before the last day of the Term, arrange to meet Landlord for a joint inspection of the Premises. In the event of Tenant's failure to arrange such joint inspection to be held prior to vacating the Premises, Landlord's inspection at or after Tenant's vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and restoration.
26.2 At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will surrender peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Tenant may, and at Landlord's request shall, at Tenant's sole cost, remove upon termination of this Lease, any and all furniture, furnishings, movable partitions of less than full height from floor to ceiling, trade fixtures and other property installed by Tenant, title to which shall not be in or pass automatically to Landlord upon such termination, repairing all damage caused by such removal. Property not so removed shall, unless requested to be removed, be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of sale. All other alterations, additions and improvements in, on or to the Premises to Landlord at shall be dealt with and disposed of as provided in Article 6 hereof.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such the Term shall survive the expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office termination of the Building, or as Term. In the event that Tenant's failure to perform prevents Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from releasing the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor shall continue to pay rent pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at provisions of Article 14 until such performance is complete. Upon the expiration or sooner earlier termination of the Term, Tenant shall pay to either remove from Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant's obligation for unpaid amounts due or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-become due to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Samples: Lease Agreement (Accufacts Pre Employment Screening Inc)
Surrender of Premises. Tenant will No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises to Landlord at shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease Lease, Tenant shall deliver to Landlord the Premises with all improvements located therein in broom clean condition reasonably good repair and repaircondition, consistent with Tenant’s maintenance obligations under this Leasefree of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and teartear (and condemnation and Casualty, acts of Landlord, damage by casualty or Taking exceptedas to which Sections 14 and 15 shall control) excepted and except for repairs and maintenance that are not Tenant’s obligations under the Lease, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender shall deliver to Landlord all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise directPremises. Tenant will also inform Landlord of may remove all combinations on locks, safes and vaults, if any, which Tenant has left Tenant’s Property placed in the Premises or on elsewhere in the PropertyProject by Tenant. Notwithstanding the foregoing, Tenant will at such time must remove (a) all of Tenant’s personal property intensive cabling and trade fixtures wiring (i.e., other than typical in-wall office wiring) within and from the PremisesPremises installed by or for Tenant (whether as part of the Work or otherwise), and (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators supplemental HVAC units installed by or for Tenant, along with the associated wiring and plumbing, and restore any penetrations to the building to its original condition using vendors required by Landlord to maintain warranties. If Tenant fails to remove any property that it is required to remove pursuant to this Section 21 and such failure remains uncured on the date that is 20 days after Tenant’s receipt of written notice thereof from Landlord, including any of the property described above, Landlord may, at Landlord’s option, (1) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord 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 (d2) those Non-Standard Alterations installed by Tenant that above as Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, may elect in its sole discretion, elects . Tenant shall not be required to remove any alterations, installations or improvements which do not exceed or differ in any material respect from customary, standard type of installations or improvements for general, executive and administrative offices in the Project; however, Tenant may be required by Landlord to remove any specialty alterations, additions or improvements (which may include laboratories, server rooms, data centers, cafeterias, kitchens, serveries and other areas where food is prepared or served, computer rooms, specialty ceilings and lights, and any items that would have above-average demolition and/or restoration costs), in each case, if and limited to such items that Landlord shall specifically identify in writing to Tenant as “Specialty Alterations” ("Specialty Alterations") contemporaneously with Landlord’s notice of approval to Tenant (or, if such alteration does not require Landlord’s consent, then within ten days after receipt of notice from Tenant of Tenant’s intent to complete such alteration) with respect to the Specialty Alterations in question, whether Landlord will require Tenant to remove such Specialty Alterations prior to the expiration of the Term. Further, and notwithstanding anything in this Lease to the contrary, in all cases Tenant (at Landlord’s option) shall be required to remove, and to restore the Premises and/or Property; it being agreed thator Project, as applicable, to their previous condition, any alterations that are (1) identified as such by Landlord pursuant to the preceding sentence, (2) any internal stairwell other than the stairwell for the Building, or (3) except to the extent Landlord has expressly stated otherwise in writing, all of Tenant’s Off-Premises Equipment, including any supplemental HVAC equipment located outside of the Premises, Rooftop Equipment, etc. (all such items described in clauses (a) through (d) above or as expressly provided in this Leasesentence being "Mandatory Removal Items"). The provisions of this Section 21 shall survive the end of the Term with respect to any Mandatory Removal Items not removed by Tenant and identified in a notice from Landlord to Tenant within 180 days of Tenant’s surrender of Premises; provided that, in all events, Tenant shall have the right, at the expiration or sooner termination of the Term, be required to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations internal stairwells installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms within 60 days of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefitsurrender of the Premises. Notwithstanding the foregoing, all if at the sole cost and risk of Tenant. any time Landlord will shall provide written notice to Tenant that Landlord desires for or shall allow Tenant to forego removing any specific Mandatory Removal Item(s), Landlord shall not be liable for damageentitled to subsequently require removal of such specific Mandatory Removal Item at any time thereafter, theft, misappropriation or loss thereof or in regardless of any manner in respect theretoapplicable survival period.
Appears in 1 contract
Samples: Lease Agreement (Blucora, Inc.)
Surrender of Premises. Tenant will surrender Upon the Premises to Landlord at the expiration expira- tion or earlier termination of this Lease the Term, Tenant shall deliver up and surrender to Landlord possession of the Premises, including all alterations, additions, improvements and fixtures, other than Tenant's trade fixtures, in broom clean good order, condition and state of repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable ordinary wear and tear, acts of Landlord, damage by casualty or Taking tear excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender shall deliver all keys to the Premises to Property Manager or to the office of Landlord at the office of the Building, Shopping Center or as Landlord or Property Manager may otherwise directdirected by Landlord. Tenant will also inform Landlord shall have fifteen (15) days after the date the Term of all combinations on locksthis Lease expires or earlier terminates to remove its personal property, safes and vaultstrade fixtures; provided, if anyhowever, which Tenant has left in the Premises or on the Property. Tenant will at such time remove that
(a) Tenant shall repair all damage to the Premises resulting from or arising out of Tenant’s personal property and trade fixtures from the Premisessuch removal, (b) during such period Tenant shall perform and be liable for all cabling which was placed obliga-tions and condi-tions imposed on Tenant hereunder except for the payment of Rent, including, without limitation, maintenance, repair, apportionment of taxes, maintenance of insurance, compliance with Requirements and assumption of liability for the Premises. The obligations set forth in the Premises as part preceding sentence shall survive the termination of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all Any property of Tenant not removed on or before from the last Premises within such fifteen (15) day of the Term is period shall be deemed abandoned. In addition to all other remedies available, unless Tenant is then in occupancy Landlord may, but shall not be obligated to, retain or dispose of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event any or all such property may remain in without liability to Tenant. In the Premises subject event that Landlord elects to the terms dispose of said month-to-month lease. such property, Landlord may shall so notify Tenant, and Tenant shall, no later than ten (10) days after such notice, remove any all such abandoned property from the Premises upon termination of this LeasePremises; provided, however, that if Tenant fails to so remove such property, then Landlord may do so, and Tenant shall pay to cause its transportation and storage for Tenant’s benefitLandlord, on demand, all costs and expenses incurred by Landlord in disposing of such property, including, without limitation, reasonable attorneys' fees and disbursements, together with interest thereon, calcu- lated at the sole cost and risk of TenantInterest Rate, from the date Landlord ex-pended such amounts. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.7
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Surrender of Premises. Tenant will surrender (a) At the Premises to Landlord at end of the expiration term or earlier any renewal thereof or other sooner termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable the Tenant will peaceably deliver up to the Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same conditions as received or first installed, ordinary wear and tear, acts damage by fire, earthquake, act of God or the elements alone excepted. Tenant shall, upon the termination of this Lease, remove all movable furniture and equipment belonging to Tenant, at Tenant's sole cost, title to which shall be in name of Tenant until such termination, repairing any damage caused by such removal. Property not so removed shall be deemed abandoned by the Tenant, and title to the same shall thereupon pass to Landlord. Upon request by Landlord, damage by casualty Tenant shall remove, at Tenant's sole cost, any or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration all permanent improvements or earlier termination, surrender all keys additions to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, the account of Tenant and (d) those Non-Standard Alterations installed all movable furniture and equipment belonging to Tenant which may be left by Tenant that Landlord required be removed concurrently with Landlord’s approval of and Tenant shall repair any damage resulting from such removal and restore the plans therefor pursuant Premises to Section 8.3, its original condition. Any and (e) any other Tenant’s Improvements and Alterations all property which Tenant, in its sole discretion, elects Tenant fails to remove from the Premises and/or Property; it being agreed thator the Building upon termination of this Lease may be handled, other than removed and stored by or at the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the rightdirection of Landlord, at the expiration sole risk, cost and expense of Tenant, and Landlord shall in no event be responsible for the value, preservation or sooner termination of the Termsafekeeping thereof. Tenant shall pay to Landlord, to either remove from the Premises or Property or leave at the Premises or Propertyupon demand, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, all expenses incurred in such removal and all storage charges against such property so long as the floorsame shall be in Landlord's possession or under Landlord's control.
(b) The voluntary or other surrender of this Lease by Tenant, wall or a mutual cancellation thereof, shall not work a merger, and ceiling surfaces shall, at the option of the Premises are left finished and enclosed. Subject to Section 10.3.2Landlord, Tenant will promptly repair terminate all or any damage to the Premises caused by such removal. Subject to the terms of Section 13.10existing subleases or subtenancies, all property of Tenant not removed on or before the last day of the Term is deemed abandonedmay, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk option of Tenant. Landlord will not be liable for damageLandlord, theft, misappropriation operate as an assignment to it if any or loss thereof all such subleases or in any manner in respect theretosubtenancies.
Appears in 1 contract
Samples: Lease Agreement (Logisticare Inc)
Surrender of Premises. (a) On the expiration date or sooner termination of the Term, Tenant will shall deliver to Landlord all keys to the Premises which are in its possession and/or control, shall quit and surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean broom-clean, good condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and teartear excepted, acts in compliance with all applicable governmental laws, rules, regulations and other requirements, including but not limited to, all Environmental Acts, together with all alterations, additions and improvements which may have been made in, on or to the Premises, except for movable furniture and equipment, or unattached movable trade fixtures put in at the sole expense of Tenant; provided, however, that Tenant shall ascertain from Landlord, damage at least thirty (30) days prior to the end of the Term, whether Landlord desires to have the Premises or any part thereof restored to the condition in which it was originally delivered to Tenant, ordinary wear and tear excepted. If Landlord shall desire, then Tenant, prior to the end of the Term, at its sole cost and expense, shall restore the Premises, remove therefrom all of its property together with such alterations, additions and improvements as may be requested by casualty or Taking exceptedLandlord, and otherwise in its then “as-is” condition. Tenant will, upon such expiration fix and repair any and all damage or earlier termination, surrender all keys defacement to the Premises to Property Manager caused by the installation and/or removal of alterations, additions, improvements, furniture, equipment, trade fixtures or to any other property. Any or all of such property, alterations, additions or improvements not so removed, at Landlord's option, shall become the exclusive property of Landlord and/or may be disposed of by Landlord, at the office of the BuildingTenant's cost and expense, without further notice or as Landlord or Property Manager may otherwise directdemand. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in If the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property is not surrendered as and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Leasewhen aforesaid, Tenant shall have the rightindemnify Landlord against any damages, at loss or liability resulting therefrom, including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation under this Paragraph shall survive the expiration or sooner termination of the Term, .
(b) Notwithstanding anything herein contained to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2contrary, Tenant will promptly repair shall not have the right to remove any damage movable furniture or equipment, unattached movable trade fixtures or any other property at any time as Tenant shall be in breach or default hereunder, whether prior to, upon or subsequent to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on expiration or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretolease.
Appears in 1 contract
Surrender of Premises. 26.1 Tenant shall, at least thirty (30) days before the last day of the Term, arrange to meet Landlord for a joint inspection of the Premises. In the event of Tenant's failure to arrange such joint inspection to be held prior to vacating the Premises, Landlord's inspection at or after Tenant's vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and restoration.
26.2 At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will surrender peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Tenant may, and at Landlord's request shall, at Tenant's sole cost, remove upon termination of this Lease, any and all furniture, furnishings, movable partitions of less than full height from floor to ceiling, trade fixtures and other property installed by Tenant, title to which shall not be in or pass automatically to Landlord upon such termination, repairing all damage caused by such removal. Property not so removed shall, unless requested to be removed, be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of sale. All other alterations, additions and improvements in, on or to the Premises to Landlord at shall be dealt with and disposed of as provided in Article 6.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such the Term shall survive the expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office termination of the Building, or as Term. In the event that Tenant's failure to perform prevents Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from releasing the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor shall continue to pay rent pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at provisions of Article 14 until such performance is complete. Upon the expiration or sooner earlier termination of the Term, Tenant shall pay to either remove from Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant's obligation for unpaid amounts due or Property to become due to Landlord. All such amounts shall be used and held by Landlord, or leave at with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the Premises or Property, any Tenant’s Improvements and Alterations installed amount payable by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of under this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Samples: Lease (Biex Inc)
Surrender of Premises. 26.1 Tenant shall, at least thirty (30) days before the expiration of the Term, arrange to meet Landlord for a joint inspection of the Premises. Within ten (10) days after such joint inspection, Landlord and Tenant in good faith will surrender determine Tenant’s responsibility for repairs and restoration, if any, necessary to return the Premises to the condition required by Section 26.2 below. In the event of Tenant's failure to arrange such joint inspection to be held prior to vacating the Premises, Landlord's inspection at or after Tenant's vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and restoration.
26.2 At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Following the completion of the joint inspection described in Section 26.1 above, Tenant may, and at Landlord's request shall, at Tenant's sole cost, remove upon termination of this Lease, any and all furniture, furnishings, movable partitions of less than full height from floor to ceiling, trade fixtures and other property installed by Tenant, title to which shall not be in or pass automatically to Landlord upon such termination, repairing all damage caused by such removal. Property not so removed shall, unless requested to be removed, be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of sale. All other alterations, additions and improvements in, on or to the Premises shall be dealt with and disposed of as provided in Article 6 hereof.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such the Term shall survive the expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office termination of the Building, or as Term. In the event that Tenant's failure to perform prevents Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from releasing the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment shall continue to pay Annual Rent and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor Additional Rent pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at provisions of Article 14 until such performance is complete. Upon the expiration or sooner earlier termination of the Term, Tenant shall pay to either remove from Landlord as Additional Rent the Premises or Property or leave at amount, as agreed upon by Landlord and Tenant following the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces completion of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as joint inspection described in Section 16.226.1 above, in which event such property may remain in necessary to repair and restore the Premises subject as provided in this Lease and/or to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and discharge Tenant's obligation for unpaid amounts due or to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretobecome due to Landlord.
Appears in 1 contract
Surrender of Premises. 26.1 Tenant will surrender 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 an appointment for the second to be agreed upon to occur not later than forty-eight (48) hours after Tenant has vacated the Premises. In the event of Tenant’s failure to arrange such joint inspections and/or participate in either such inspection, Landlord’s inspection at or after Tenant’s vacating the Premises to Landlord at the expiration or earlier termination shall be conclusively deemed correct for purposes of this Lease in broom clean condition and repair, consistent with determining Tenant’s maintenance obligations under this Leaseresponsibility for repairs and restoration.
26.2 All alterations, reasonable wear and tear, acts of Landlord, damage by casualty or Taking exceptedadditions, and otherwise in its then “as-is” condition. Tenant willimprovements (but not Tenant’s personalty) in, upon such expiration on, or earlier termination, surrender all keys to the Premises to Property Manager made or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, including, without limitation, carpeting (collectively, “Alterations”), shall be and (d) those Non-Standard Alterations installed by remain the property of Tenant that Landlord required be removed concurrently with Landlord’s approval of during the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at Term. Upon the expiration or sooner termination of the Term, all Alterations shall become a part of the realty and shall belong to either Landlord without compensation, and title shall pass to Landlord under this Lease as by a bxxx of sale. At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all Alterations by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, Tenant shall, at Tenant’s sole cost, remove from the Premises or Property or leave any Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal. Tenant must, at the Premises or PropertyTenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s Improvements furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and Alterations other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by the Tenant at and title to the Propertysame shall thereupon pass to Landlord under this Lease as by a bxxx of sale, at Tenant’s sole electionbut Tenant shall remain responsible for the cost of removal and disposal of such Personalty, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair well as any damage to the Premises caused by such removal. Subject In lieu of requiring Tenant to remove Alterations and Personalty and repair the Premises as aforesaid, Landlord may, by written notice to Tenant delivered at least thirty (30) days before the Termination Date, require Tenant to pay to Landlord, as additional rent hereunder, the cost of such removal and repair in an amount reasonably estimated by Landlord; provided, however, if Tenant has a bona fide estimate from a contractor acceptable to Landlord for the removal and repair work which is less than the estimated amount stated in Landlord’s notice to Tenant for the same work, and such contractor agrees to provide equal pricing to Landlord, Landlord shall elect to either accept such lower amount from Tenant or shall require Tenant to remove the subject Alterations and Personalty, which removal shall be performed in accordance with the terms of Section 13.10, all property hereof.
26.3 All obligations of Tenant under this Lease not removed on fully performed as of the expiration or before the last day earlier termination of the Term is deemed abandoned, unless Tenant is then in occupancy shall survive the expiration or earlier termination of the Premises pursuant Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to a month-to-month lease Landlord the amount, as described in Section 16.2reasonably estimated by Landlord, in which event such property may remain in necessary to repair and restore the Premises subject as provided in this Lease and/or to discharge Tenant’s obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon written demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of amount payable by Tenant under this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
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Surrender of Premises. 27.1. Tenant shall, at least thirty (30) days before the last day of the Term, arrange to meet Landlord for a joint inspection of the Premises. In the event of Tenant’s failure to arrange such joint inspection to be held prior to vacating the Premises, Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration.
27.2. At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will surrender peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Tenant may, and at Landlord’s request shall, at Tenant’s sole cost, remove upon termination of this Lease, any and all furniture, furnishings, movable partitions of less than full height from floor to ceiling, trade fixtures and other property installed by Tenant, title to which shall not be in or pass automatically to Landlord upon such termination, repairing all damage caused by such removal. Property not so removed shall unless requested to be removed be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of sale. All other alterations, additions and improvements in, on or to the Premises to Landlord at shall be dealt with and disposed of as provided in Article 6 hereof.
27.3. All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such the Term shall survive the expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office termination of the Building, or as Landlord or Property Manager may otherwise directTerm. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at Upon the expiration or sooner earlier termination of the Term, Tenant shall pay to either remove from Landlord the amount, as estimated by Landlord, reasonably necessary to repair and restore the Premises or Property or leave at the Premises or Property, any as provided in this Lease and/or to discharge Tenant’s Improvements obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and Alterations installed held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or on behalf of with any excess to be returned to Tenant at after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, amount payable by Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of under this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Samples: Assumption and Attornment Agreement (Archipelago Holdings L L C)
Surrender of Premises. (a) The voluntary or other surrender of this Lease by Tenant will to Landlord, or a mutual termination thereof, shall not work a merger, and shall at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies affecting the Premises.
(b) Upon the expiration of the Term of this Lease, or upon any earlier termination of this Lease, Tenant shall quit and surrender possession of the Premises to Landlord at in as good order and condition as the expiration same are now or earlier termination of this Lease in broom clean condition and repair, consistent with hereafter may be improved by Landlord or Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of tear and repairs which are Landlord, damage by casualty or Taking ’s obligation excepted, and otherwise shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitioning and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and all similar articles of any other persons claiming under Tenant, unless Landlord exercises its then “as-is” condition. option to have any subleases or subtenancies assigned to it, and Tenant will, upon such expiration or earlier termination, surrender shall repair all keys damage to the Premises resulting from such removal. Notwithstanding the foregoing, Landlord reserves the right to Property Manager require Tenant to keep all telecommunications cabling and equipment intact and in place; provided, however, that if Landlord does not exercise its option hereunder, Tenant shall nonetheless not cut or otherwise sever any such cabling but may unplug or disconnect it from any equipment being removed at the end of the Term.
(c) Any property of Tenant not removed by Tenant upon the expiration of the Term of this Lease (or within forty-eight (48) hours after a termination or re-entry by Landlord pursuant to Section 22 hereof) shall be considered abandoned. Landlord shall give Tenant notice of its right to reclaim abandoned property pursuant to California Civil Code Section 1980, et. seq., and may, thereafter, remove any or all of such items and dispose of the same in any manner or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. Tenant hereby grants to Landlord at the office of the Buildinga security interest in said abandoned property, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises event it is not reclaimed within the statutory period. If Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or on the Property. Tenant will more, Landlord, may sell any or all of such property at public or private sale, in such manner and at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises places as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects may deem proper without notice to remove from or demand upon Tenant, and shall apply the Premises and/or Propertyproceeds of such sale: (i) first, to the costs and expenses of such sale, including reasonable attorneys’ fees actually incurred; it being agreed that(ii) second, other than to the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination payment of the Termcosts for the removal and storing of any such property; (iii) third, to either remove the payment of any other sums of money which may then or thereafter be due to Landlord from the Premises or Property or leave at the Premises or Property, Tenant under any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished terms hereof; and enclosed. Subject (iv) fourth, the balance, if any, to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Samples: Lease Agreement (Cerus Corp)
Surrender of Premises. At the expiration of the Term, Tenant will shall surrender the Premises to Landlord at in the expiration or earlier termination of this Lease same condition as the same were in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Leaseon the Commencement Date, reasonable wear and teartear excepted, acts of Landlord, permitted alterations and damage by casualty or Taking condemnation excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, shall surrender all keys to the Premises to Property Manager Landlord's managing agent or to Landlord at the office place then fixed for the payment of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also Base Rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will shall at such time remove (a) all of Tenant’s personal its property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment therefrom and all emergency generators installed by or for Tenant, alterations and (d) those Non-Standard Alterations installed improvements placed thereon by Tenant that Landlord required be removed concurrently with if so requested by Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, . Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal, and any and all such property 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. Subject If the Premises are not surrendered as above set forth, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and protect Landlord against, and hold Landlord free and harmless from, any Claim resulting from the terms of Section 13.10delay by Tenant in so surrendering the Premises, all 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 shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove, unless at Tenant's cost, all property of Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, Lease and to cause its transportation and storage for Tenant’s 's benefit, all at the sole cost and risk of Tenant. Tenant and Landlord will shall not be liable for damage, theft, misappropriation or loss thereof or and Landlord shall not be liable in any manner in respect thereto.
Appears in 1 contract
Samples: Office Lease Agreement (Primis Inc)
Surrender of Premises. Tenant will surrender At the Premises to Landlord at the expiration expiry or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, the Tenant shall peaceably yield up to either the Landlord the Premises, including all improvements which the Tenant may have constructed upon the Premises during the Term (exclusive of all items and articles in the nature of trade or tenant's fixtures), in good repair, except as stated in Article 22 and excepting only reasonable wear and tear and damage by fire, lightning and tempest not due to the negligence or wilful act or omission of the Tenant. All improvements which the Tenant may construct upon the Premises during the Term (exclusive of all items and articles in the nature of trade or tenant's fixtures) are and shall be fixtures to the Premises and are intended to be and become the absolute property of the Landlord upon the expiration or termination of this Lease. The Tenant shall, at the request of the Landlord, remove from the Premises or Property or leave at all such fixtures, but shall in such removal do no damage to the Premises or Propertyshall make good any damage which may be occasioned as a result of such removal. In the event that the Landlord requests that such improvements be removed from the Premises, any Tenantthen the Tenant shall within Thirty (30) days of the date of the Landlord’s Improvements request carryout and Alterations installed by or on behalf of Tenant at the Propertycomplete, at Tenant’s its sole electioncost and expense, so long as the floor, wall removal of all such improvements and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair shall restore any damage to the Premises caused from so doing. In default of the Tenant carrying out the removal and restoration, the Landlord may carry it out and all expenses incurred by such removalthe Landlord in carrying out the removal and restoration shall be at the expense of the Tenant. Subject Any monies expended by the Landlord in carrying out the removal and restoration shall bear interest at the rate of nineteen and fifty six one hundredths (19.56%) per cent per annum and shall become due from the Tenant to the terms Landlord as rent in addition to the rent payable pursuant to Sections 2.1 and 2.2 of Section 13.10, all property of Tenant not removed on or before the last day this Lease and shall be payable within thirty (30) days of the Term is deemed abandoned, unless Tenant is then in occupancy of written demand by the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoLandlord.
Appears in 1 contract
Samples: Lease Agreement
Surrender of Premises. Tenant will surrender the Premises to Landlord at Upon the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, Tenant shall peaceably surrender the Premises to Landlord broom-clean and in the same condition as on the date Tenant took possession (a) except for reasonable wear and tear, acts loss by fire or other casualty and loss by condemnation, the presence of LandlordHazardous Materials (other than those released or emitted by Tenant or any Tenant Related Party) and repairs for which Tenant is not responsible under this Lease; and (b) with all removal, damage restoration and/or repairs required pursuant to Section 11.3 above and this Article 24 completed. Tenant’s Property shall be and shall remain the property of Tenant and may be removed by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to at any time during the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaultsTerm; provided that, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all any of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this LeaseProperty is removed, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises or to any Building resulting from such removal. If Tenant abandons or surrenders the Premises or is dispossessed by process of law or otherwise, any of Tenant’s Property left on the Premises shall be stored and/or disposed of in accordance with Section 1980 et seq. of the California Civil Code, or any similar Laws now or hereafter in effect. 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 any Building caused by such removal, shall be paid by Tenant. Subject On the Expiration Date, Tenant shall surrender all keys, parking cards and other means of entry to the terms of Section 13.10Premises, all property of Tenant not removed on or before the last day Buildings and the Project, and shall inform Landlord of the Term combinations and access codes for any locks and safes located in the Premises. It is deemed abandonedspecifically 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 Tenant is then Landlord has specifically requested in occupancy of writing that the Telecom Wiring shall remain, whereupon the Telecom Wiring shall be surrendered with the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for TenantLandlord’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoproperty.
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Surrender of Premises. Tenant will surrender the Premises to Landlord at Upon the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have surrender to Landlord the rightPremises, including all Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 15 below, with all fixtures appurtenant thereto, (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”) free and clear of any occupants or tenancies (including subtenancies) and, subject to Section 13, in compliance with Laws (including, without limitation, Environmental Laws) and all Encumbrances and in as good condition and repair as existed as of the Commencement Date, reasonable wear and tear excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the expiration Premises, in the same or sooner termination better condition as when completed, reasonable wear and tear excepted. For the avoidance of doubt, to the extent there is a bank vault in the Premises, Tenant shall have no obligation to remove such vault on surrendering the Premises. At the end of the Term, all Alterations will belong to either Landlord, unless they are Tenant’s Personal Property. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within thirty (30) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects, after five (5) business days prior written notice to Tenant. If Landlord shall not so elect, Landlord, after five (5) business days prior written notice to Tenant, may remove such property from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, have it stored at Tenant’s sole election, so long as the floor, wall risk and ceiling surfaces of the Premises are left finished expense. Tenant shall repair and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any restore and save Landlord harmless from all damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoremoval by Landlord.
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Samples: Absolute Lease Agreement (First Midwest Bancorp Inc)
Surrender of Premises. Unless otherwise instructed by Tenant will surrender at least thirty (30) days prior to the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean condition the term hereof, Subtenant shall at its own expense and repairbefore the end of the term hereof (a) remove all fixtures, consistent with Tenant’s maintenance obligations under this Leaseequipment, reasonable wear and tear, acts of Landlord, damage by casualty or Taking exceptedpartitions, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys other improvements to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, installed by Subtenant which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from can be removed without materially damaging the Premises, (b) remove all cabling which was placed in alterations and improvements to the Premises installed by Subtenant which were not consented to by Landlord, Tenant and/or Lessor (as part of Tenant’s Improvements or any Alterations, or otherwise by Tenantthe case may be) as required under this Sublease and the Main Lease and/or the Main Sublease, (c) remove all Exterior alterations and improvements to the Premises as requested by Landlord, Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators and/or Lessor (as the case may be) at the time that any plans for such work are approved by same installed by Subtenant, provided that such request shall not unreasonably be made, (d) repair all damage resulting from the initial installation or for Tenantsubsequent removal of the items specified in the three preceding clauses, and close all floor, ceiling, and roof openings, (e) restore any alterations or improvements to the Premises made by Tenant which were in existence on the Commencement Date to the condition in which such alterations or improvements existed on the Commencement Date, reasonable wear and tear and casualty excepted, and (df) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, restore and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from surrender the Premises and/or Property; it being agreed that, other than to Tenant in as good condition and repair as the items described Premises were in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner Commencement Date, reasonable wear and tear and casualty excepted. All property of Subtenant remaining on the Premises after the termination of the Termterm hereof shall be deemed to have been abandoned by Subtenant, provided, however, that if any such property so remains on the Premises and the removal of such property would impose an expense on either Landlord or Tenant, then, at their election, Landlord or Tenant shall be entitled, but not obligated, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or such property on behalf of Tenant at and for the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces account of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2Subtenant, in which event such property case all expenses so incurred by Landlord and/or Tenant in connection therewith shall be paid by Subtenant to Landlord or Tenant (as the case may remain in the Premises subject to the terms of said month-to-month lease. be), immediately upon Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for or Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto's demand therefor.
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Surrender of Premises. Unless otherwise instructed by Tenant will surrender at least thirty (30) days prior to the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean condition the term hereof, Subtenant shall at its own expense and repairbefore the end of the term hereof (a) remove the demountable walls shown on EXHIBIT D attached hereto and all fixtures, consistent with Tenant’s maintenance obligations under this Leaseequipment, reasonable wear and tear, acts of Landlord, damage by casualty or Taking exceptedpartitions, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys other improvements to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, installed by Subtenant which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from can be removed without materially damaging the Premises, (b) remove all cabling which was placed in alterations and improvements to the Premises installed by Subtenant which were not consented to by Tenant and/or Lessor (as part of Tenant’s Improvements or any Alterations, or otherwise by Tenantthe case may be) as required under this Sublease and the Main Lease, (c) remove all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment alterations and all emergency generators improvements to the Premises installed by Subtenant as requested by Tenant and/or Lessor (as the case may be) at the time that any plans for such work are approved by same, provided that such request shall not unreasonably be made, (d) repair all damage resulting from the initial installation or for Tenantsubsequent removal of the items specified in the three preceding clauses, and close all floor, ceiling, and roof openings caused by Subtenant, (e) restore any alterations or improvements to the Premises made by Tenant which were in existence on the Commencement Date to the condition in which such alterations or improvements existed on the Commencement Date, reasonable wear and tear and damage by casualty excepted, and (df) those Non-Standard Alterations installed restore and surrender the Premises to Tenant in as good condition and repair as the Premises were in at the Commencement Date, reasonable wear and tear and damage by Tenant that Landlord required be removed concurrently with Landlord’s approval casualty excepted. All property of Subtenant remaining on the Premises after the termination of the plans therefor pursuant term hereof shall be deemed to Section 8.3have been abandoned by Subtenant, provided, however, that if any such property so remains on the Premises and (e) any other Tenant’s Improvements and Alterations which the removal of such property would impose an expense on Tenant, in its sole discretionthen, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Leaseat Tenant's election, Tenant shall have the rightbe entitled, at the expiration or sooner termination of the Termbut not obligated, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or such property on behalf of Tenant at and for the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces account of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2Subtenant, in which event such property may remain case all expenses so incurred by Tenant in the Premises subject connection therewith shall be paid by Subtenant to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises Tenant, as additional rent hereunder, immediately upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto's demand thereof.
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Surrender of Premises. Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal4.1. Subject to the terms provisions of Section 13.10Articles I and XI hereof and the provisions of the REA, all property of Tenant not removed on or before the last day of the Term is deemed abandonedhereof, unless Tenant is then in occupancy or upon any earlier termination of this Lease (except if the Term ends as a result of the Fee Transfer), Lessee shall surrender and deliver possession of the Demised Premises pursuant and the Improvements to Lessor in reasonably good condition considering their age and use, ordinary wear and tear and the effect of casualty and condemnation excepted, without delay and free and clear of all liens and encumbrances other than (a) the Permitted Exceptions, and (b) those created in accordance with the provisions hereof or the REA. At the end of the Term (except if the Term ends as a month-to-month lease result of the Fee Transfer), the title to and ownership of the Improvements shall automatically vest in Lessor without the execution of any further instrument, but Lessee shall execute a quitclaim deed and any other appropriate conveyancing documents to Lessor if Lessor so requests.
Section 4.2. Notwithstanding any other provisions of this Lease, where furnished by or at the expense of Lessee or any subtenant, Lessee may (or if required by Lessor, shall) remove furniture, trade fixtures and business equipment, furnishings and personal property of every kind, regardless of whether or not originally classified as described in Section 16.2Improvements, in which event such property may remain in the Premises subject at or prior to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease; provided, however, that the removal thereof will not impair the structural integrity of the Improvements. Any damage to the Improvements resulting from such removal shall be repaired by Lessee to the reasonable satisfaction of Lessor, taking into account normal wear and tear.
Section 4.3. Any personal property of Lessee which shall remain in the Improvements for more than thirty (30) days after the termination of this Lease and the removal of Lessee, and to cause its transportation any personal property of any subtenant which shall remain in the Improvements for more than thirty (30) days after the termination of this Lease and storage for Tenant’s benefitthe removal of any such subtenant from the Improvements, all may, at the sole cost option of Lessor, be deemed to have been abandoned by Lessee or such subtenant and risk may be retained by Lessor as its property or may be disposed of, without accountability, in such a manner as Lessor may see fit.
Section 4.4. The provisions of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in this Article IV shall survive any manner in respect theretotermination of this Lease.
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Surrender of Premises. At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant will surrender peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in good condition, broom clean and free of all debris, ordinary wear and tear and damage by fire, earthquake, Act of God, repairs for which Tenant is not responsible or the elements alone excepted. Tenant may, upon termination of this Lease, remove all movable partitions of less than full height from floor to ceiling, counters, and other personal property of Tenant removable without material damage to such property or the Premises previously installed by Tenant, at Tenant's sole cost, title to which shall be in Tenant until such termination, repairing such damage caused by such removal. Property not so removed shall be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a bill of sale. Subject to the Addendum, upon request by Landlord, Tenant shall remove any or all permanent improvements or additions to the Premises installed at Tenant's cost and all movable partitions, counters and other personal property of Tenant removable without material damage to such property or the Premises which may be left by Tenant and repair any damage resulting from such removal. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Xxxxxx in so surrendering the Premises, including without limitation any claims made by any succeeding tenant founded on such delay. All obligations of Tenant hereunder not fully performed as of the expiration or earlier termination of the Term of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such shall survive the expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
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Surrender of Premises. Tenant will No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises to Landlord at shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have deliver to Landlord the rightPremises with all improvements located therein in good repair and condition, 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 15 and 16 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises 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 Tenant shall repair all damage caused thereby), or shall remain in the Premises at the end of the Term without compensation to Tenant. In connection with Landlord's review and approval of any of Tenant's 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 (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 or sooner termination 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 either Landlord that conspicuously states in bold, uppercase typeface that Tenant will not be required to remove from 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 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 Landlord's written request, remove all 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 Property the Project if Landlord has specifically agreed in writing that the improvement or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of addition in question need not be removed. Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly shall repair any all damage to the Premises caused by such removal. Subject to Notwithstanding the terms foregoing, Landlord hereby acknowledges that Landlord will not require the removal or restoration of Section 13.10, all property of Tenant not removed the improvements set forth on or before the last day Space Plans attached hereto as Exhibit D-1 at the expiration of the Term is provided Tenant has complied with its maintenance and repair obligations under this Lease. All items not so removed shall, at Landlord's option, be deemed abandonedto have been abandoned by Tenant and may be appropriated, unless sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant is then in occupancy and without any obligation to account for such items. The provisions of this Section 22 shall survive the end of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoTerm.
Appears in 1 contract
Samples: Lease Agreement (Airvana Inc)
Surrender of Premises. Tenant will shall surrender possession of the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean good order, condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, permitted Alterations and damage by insured casualty or Taking condemnation excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the office place then fixed for Tenant’s payment of the BuildingBase Rent, or as Landlord or Property Manager may otherwise direct. Tenant will shall also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant will at such time shall remove (a) all of Tenant’s personal its property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises or the Building caused by such removal. Subject If Landlord’s consent to any Alterations to the terms Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 13.1016.1 including, all without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term is shall be deemed abandoned, unless Tenant is then in occupancy and can be disposed of the Premises pursuant to a month-to-month lease as described in Section 16.2by Landlord as, in which event such property may remain in the Premises subject its sole and absolute discretion, it deems appropriate without any credit or payment to the terms Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of said month-to-month lease. Landlord may remove any such abandoned Tenant’s property from the Premises upon the expiration or earlier termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will shall not be liable for disposal, damage, theft, misappropriation or loss thereof of Tenant’s property resulting from the removal or storage of any of Tenant’s property or in any manner in respect thereto.
Appears in 1 contract
Surrender of Premises. Upon the expiration or earlier termination of the Lease, Tenant will shall surrender the Premises to Landlord in the condition existing as of the Commencement Date (as to the first floor of the Premises) and the Second Floor Rent Commencement Date (as to the second floor of the Premises) (normal wear and tear excepted), free of any Hazardous Materials caused or contributed to by Tenant or its employees, agents, contractors, subcontractors or invitees. Tenant shall remove all of Tenant's personal property from the Premises and any alterations, additions or improvements designated by Landlord for removal at the time Landlord gives its consent thereto. Tenant shall repair any damage caused by removal of its Personal Property and any alterations, additions and improvements in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such restoration. In 35 addition, on or before the expiration of the Lease, Tenant shall remove, at Tenant's sole cost and expense, all telephone, telecommunications, computer and any other cabling or wiring of any sort installed by Tenant in the Premises and shall promptly repair any damage to the Premises resulting from such removal, and restore the Premises to the condition that existed prior to the installation of such cabling and wiring in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such restoration. All such property not so removed shall be deemed abandoned by Tenant. If the Premises are not so surrendered at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the rightindemnify, at the expiration defend and hold Landlord and its agents, employees, contractors and subcontractors harmless from and against any and all loss or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoliability resulting therefrom.
Appears in 1 contract
Samples: Office Lease (Odwalla Inc)
Surrender of Premises. Tenant will surrender the Premises to Landlord at Upon the expiration or earlier of this Lease pursuant to its terms (or, in the event of a termination of this Lease on a date other than the scheduled Expiration Date of this Lease, as promptly as commercially practicable thereafter (but in broom clean any event within ten (10) days thereafter, during which 10-day period Tenant shall be liable for the holdover rent pursuant to Section 29 hereof)), Tenant shall surrender to Landlord the Premises, including all Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant (collectively, “Tenant’s Personal Property”)), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair, consistent with Tenant’s maintenance obligations under this Leaserepair as existed as of the Commencement Date, reasonable wear and tear, acts of Landlord, tear and damage by from fire or other casualty or Taking excepted, and otherwise in its then “as-is” condition. any new buildings, alterations, improvements, replacements or additions constructed by Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord and remaining at the office of the BuildingPremises, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises same or on the Propertybetter condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Tenant will at such time remove (a) all Any of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was Personal Property installed or placed in on the Premises as part by Tenant or any subtenant or assignee of Tenant’s Improvements , if not removed within ten (10) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any Alterationspayment or offset therefor if Landlord so elects. If Landlord shall not so elect, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to may remove such property from the Premises and/or Property; and have it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, stored at Tenant’s sole election, so long as the floor, wall risk and ceiling surfaces of the Premises are left finished expense. Tenant shall repair and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any restore and save Landlord harmless from all damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoremoval by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Big Lots Inc)
Surrender of Premises. Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all At the end of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements Term or any Alterations, renewal thereof or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval other sooner termination of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have will peaceably deliver to Landlord possession of the rightPremises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in substantially the same condition as received, or first installed, subject to the terms of Paragraphs 6, 21 and 40, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20. Tenant may, upon the termination of this Lease, remove all movable furniture and equipment belonging to Tenant, at Tenant's sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant, and title to the same shall thereupon pass to Landlord. Upon such expiration or sooner termination of the Term, to Tenant shall upon demand by Landlord, at Landlord's election either (i) at Tenant's sole cost and expense, forthwith and with all due diligence remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed made by or on behalf for the account of Tenant, designated by Landlord to be removed (provided, however, that upon the written request of Tenant prior to installation of such Alterations, Landlord shall advise Tenant at that time whether or not such Alterations must be removed upon the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on expiration or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon sooner termination of this Lease), and restore the Premises to cause its transportation original condition as of the Delivery Date, subject to the foregoing; or (ii) pay Landlord the reasonable estimated cost thereof.
(b) The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and storage for Tenant’s benefitshall, all at the sole cost and risk option of Tenant. Landlord will not be liable for damageLandlord, theftterminate all or any existing subleases or subtenancies, misappropriation or loss thereof may, at the option of Landlord, operate as an assignment to it of any or in any manner in respect theretoall such subleases or subtenancies.
Appears in 1 contract
Samples: Lease Agreement (Harmonic Inc)
Surrender of Premises. 26.1 Tenant will surrender 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. In the event of Tenant's failure to arrange such joint inspections and/or participate in either such inspection, Landlord's inspection at or after Tenant's vacating the Premises to Landlord at the expiration or earlier termination shall be conclusively deemed correct for purposes of this Lease in broom clean condition determining Tenant's responsibility for repairs and repairrestoration.
26.2 All alterations, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking exceptedadditions, and otherwise in its then “as-is” condition. Tenant willimprovements in, upon such expiration on, or earlier termination, surrender all keys to the Premises to Property Manager made or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, including, without limitation, carpeting (collectively, "Alterations"), shall be and (d) those Non-Standard Alterations installed by remain the property of Tenant that Landlord required be removed concurrently with Landlord’s approval of during the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at Term. Upon the expiration or sooner termination of the Term, all permanently affixed Alterations shall become a part of the realty and shall belong to either Landlord without compensation, and title shall pass to Landlord under this Lease as by a bill of sale. At the end of the Term or any renewal of the Term or xxxxr sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all permanently affixed Alterations by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, Tenant shall, at Tenant's sole cost, remove from the Premises or Property or leave any Alterations, including carpeting, so designated by Landlord's notice, and repair any damage caused by such removal. Tenant must, at the Premises or PropertyTenant's sole cost, remove upon termination of this Lease, any and all of Tenant’s Improvements 's furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and Alterations other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, "Personalty"). Personalty not so removed shall be deemed abandoned by the Tenant at and title to the Propertysame shall thereupon pass to Landlord under this Lease as by a bill of sale, at Tenant’s sole electionbut Tenant shall remain responsible for the cost of rxxxxal and disposal of such Personalty, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair well as any damage to the Premises caused by such removal. Subject In lieu of requiring Tenant to remove Alterations and Personalty and repair the terms Premises as aforesaid, Landlord may, by written notice to Tenant delivered at least thirty (30) days before the Termination Date, require Tenant to pay to Landlord, as additional rent hereunder, the cost of Section 13.10, all property such removal and repair in an amount reasonably estimated by Landlord.
26.3 All obligations of Tenant under this Lease not removed on fully performed as of the expiration or before the last day earlier termination of the Term is deemed abandoned, unless Tenant is then in occupancy shall survive the expiration or earlier termination of the Premises pursuant Term Upon the expiration or earlier termination of the Term, Tenant shall pay to a month-to-month lease Landlord the amount, as described in Section 16.2estimated by Landlord, in which event such property may remain in necessary to repair and restore the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of as provided in this Lease, reasonable wear and tear excepted, and/or to cause its transportation discharge Tenant's obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and storage held by Landlord for payment of such obligations of Tenant’s benefit, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease, or refunded if at the sole cost and risk expiration or earlier termination of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretothe Term.
Appears in 1 contract
Samples: Lease (Monterey Gourmet Foods)
Surrender of Premises. Tenant will Upon the expiration or termination of this Lease or termination of Tenant’s right of possession of the Premises, Tenant, at Tenant’s expense, shall surrender and vacate the Premises (including, without limitation, any parking spaces which may be leased to Tenant hereunder) promptly and deliver possession thereof to Landlord in the same condition as such Premises were in at the time of delivery thereof to Tenant, ordinary wear and tear and damage by fire or other insured casualty excepted; and the same shall be surrendered to Landlord upon expiration or earlier termination of this Lease in broom clean the same condition and repairas they were in when originally installed, consistent with Tenant’s maintenance obligations under this Lease, reasonable ordinary wear and tear, acts of Landlord, tear and damage by fire or other insured casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such Upon expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant, at Tenant’s benefitexpense, shall remove (a) from the Premises all removable trade fixtures, furniture and personal property (hereinafter collectively called “Tenant Property”) located within the Premises, provided Tenant promptly shall repair all damage resulting from such removal; (b) all Alterations, provided, however, that Tenant shall not be obligated to remove any Alterations made to the Premises by Tenant in accordance with the provisions of Article IX (Alterations) of this Lease if (i) Landlord consented in writing to such Alterations remaining at the sole Premises upon the expiration or the earlier termination of the Lease in Landlord’s consent to such Alterations, and (ii) “as built” or “record set” plans and specifications for such Alterations were provided to Landlord at or about the time such Alterations were constructed; (c) remove all data wiring; and (d) place the Premises in a broom clean condition. In the event possession of the Premises is not immediately delivered to Landlord or if Tenant shall fail to perform any such obligations, Landlord may perform the same without any liability to Tenant, Tenant shall reimburse Landlord for the cost of such performance on demand and risk such obligation shall survive the termination or expiration of the Term. Any of the Tenant Property which is not so removed within five (5) days after the vacancy of the Premises shall be conclusively presumed to have been abandoned by Tenant and title to such property shall pass to Landlord without any payment or credit due to Tenant; and Landlord may, at its option and at Tenant’s expense, store and/or dispose of such property. Landlord will Notwithstanding anything to the contrary set forth herein, Tenant shall not be liable for damagehave the right or obligation to remove: (i) the overhead sprinkler system throughout the Premises; (ii) the ceiling grid and ceiling tiles throughout the Premises; (iii) the heating, theft, misappropriation or loss thereof or in any manner in respect theretoventilation and air-conditioning ducts and equipment throughout the Premises; (iv) the electrical conduit throughout the Premises; (v) the plumbing lines throughout the Premises; and (vi) ceiling lighting fixtures.
Appears in 1 contract
Samples: Lease Agreement (1847 Goedeker Inc.)
Surrender of Premises. Tenant will surrender Upon the Premises to Landlord at the expiration or earlier termination of this Lease Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in broom clean writing, that Landlord will require Tenant not to remove (and Landlord shall have so notified Tenant of such removal requirement within twenty (20) business days of Tenant's written request to make such additions and improvements), to Landlord in good condition and repairrepair (including, consistent with Tenant’s but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease, reasonable wear and tear, acts . Upon such termination of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the rightremove all tenant signage, at the expiration trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing, that Tenant not remove some or sooner termination all of the Termsuch fixtures (other than trade fixtures), to either remove from the Premises additions or Property or leave at the Premises or Propertyimprovements installed by, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at or situated in or about the PropertyPremises (and Landlord shall have so notified Tenant of such removal requirement within twenty (20) business days of Tenant's written request to make such additions and improvements). Tenant shall repair any damage caused by the installation or removal of such signs, at Tenant’s sole electiontrade fixtures, so long as furniture, furnishings, fixtures, additions and improvements which are to be removed from the floor, wall Premises by Tenant hereunder. Tenant shall ensure that the removal of such items and ceiling surfaces the repair of the Premises are left finished and enclosed. Subject will be completed prior to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Samples: Lease Agreement (Ditech Corp)
Surrender of Premises. The Tenant will covenants to surrender the Premises to Landlord Premises, at the expiration or earlier termination of the tenancy created in this Lease Lease, in broom clean the same condition and repair, consistent with Tenant’s maintenance obligations as the Premises were in upon delivery of possession under this Lease, reasonable wear and tear, acts of Landlord, damage by fire or the elements, and unavoidable casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, agrees to surrender all keys to for the Premises to Property Manager or to The Landlord at the office place then fixed for payment of rent and will inform the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on to locks, safes and vaults, if any. All alterations, which Tenant has left additions and improvements constructed or installed in the Premises and attached in any manner to the floor, wall or ceiling shall be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord required removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the Propertypart of the Tenant then, in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) will, except to the extent the Landlord required to removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default without prejudice to any other tighter remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of the same and will make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at such time remove (a) all of the Tenant’s personal property and trade fixtures expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the PremisesLandlord, (b) all cabling which was placed fails to promptly remove any trade fixtures, furnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed thatall or part of such trade fixtures, other than furnishings, alterations, additions, improvements and fixtures without any liability and at the items described in clauses (a) through (d) above expense of the Tenant, which expense will immediately be paid by the Tenant to the Landlord. The Tenant’s obligation to observe or as expressly provided perform the covenants contained in this Lease, Tenant shall have the right, at Lease will survive the expiration or sooner other termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination term of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Surrender of Premises. Whenever under the terms hereof Landlord is entitled to possession of the Premises, Tenant will at once shall surrender the Premises and the keys thereto to Landlord at the expiration or earlier termination of this Lease in broom clean and in the same condition and repairas on the Commencement Date hereof, consistent with Tenant’s maintenance obligations under this Lease, reasonable normal wear and tear, acts of Landlord, damage by casualty or Taking tear only excepted, and otherwise in Tenant shall remove all of its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes personalty therefrom and vaultsshall, if anydirected to do so by Landlord, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property improvements and trade fixtures from the Premisesfixtures, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterationsincluding cables, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant and restore the Premises to its original condition prior to the construction/installation of any improvements and fixtures which have been made therein by or on behalf of Tenant, including any improvements made prior to the Commencement Date. If Tenant fails to timely and properly remove the foregoing items and repair the damage described above, at Landlord’s election: (i) such items shall be deemed abandoned and become Landlord’s property without payment or offset; (ii) Landlord may remove the same and store them in a public warehouse or elsewhere at the Propertycost of, at and for the account of, Tenant’s sole election, so long as and Landlord may repair all damage to the floorPremises, wall the Building and ceiling surfaces any other portion of the Premises are left finished Property resulting from removable of the same from the Premises, and enclosed. Subject Tenant shall pay to Section 10.3.2, Tenant will promptly Landlord upon demand all costs incurred by Landlord in connection therewith; or (iii) Landlord may remove and dispose of the same in such manner as Landlord may elect and repair any all resulting damage to the Premises caused and/or the Building and/or any other portion of the Property and Tenant shall pay to Landlord upon demand all costs incurred by such removalLandlord in connection therewith. Subject If Tenant fails to timely and properly cause the removal of the foregoing described items, Landlord shall also have the right to relinquish possession of all or any portion of the same to any person (“Claimant”) claiming to be entitled to possession thereof who presents to Landlord a copy of an instrument represented to Landlord by the Claimant to be have been executed by Tenant (or any predecessor of Tenant) granting the Claimant the right under various circumstances to take possession of the subject furniture, equipment or other personal property, without the necessity on the part of Landlord to inquire into the authenticity of Tenant’s or Tenant’s predecessor’s signature thereon and without the necessity of Landlord making any investigation or inquiry of any nature as to the terms validity of Section 13.10the factual or the legal basis upon which the Claimant purports to act; and Tenant agrees to indemnify, protect, defend (with counsel approved by Landlord) and hold harmless Landlord and its agents and employees from and against any and all claims, judgments, awards, amounts paid in settlements, penalties, fines, damages, liabilities, losses, suits, proceedings and costs (including, without limitation, attorneys’ fees) of any kind or nature, known or unknown, contingent or otherwise, suffered or incurred by any of them in connection with Landlord’s relinquishment of possession of all or any portion of such furniture, equipment or other personal property to the Claimant. If Tenant fails to surrender the Premises in accordance with the foregoing, then Landlord may forthwith re-enter the Premises and repossess itself thereof and remove all persons and effects therefrom, using such force as may be reasonably necessary without being guilty of Tenant not removed on forcible entry, detainer, trespass or before other tort. 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 is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this LeaseLease or any renewal falls on a Saturday, and to cause its transportation and storage for Tenant’s benefitSunday or a legal holiday, all at this Lease shall expire on the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretobusiness day immediately preceding.
Appears in 1 contract
Surrender of Premises. Tenant shall, upon the written request of Landlord, at least ninety (90) days before the last day of the Term arrange to meet Landlord for a joint inspection of the Premises. In the event of Tenant's failure to arrange such joint inspection, Landlord's inspection at or after Tenant's vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant will surrender peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same condition as received or first installed, broom clean and free of all debris, ordinary wear and tear and damage by fire, earthquake, Act of God, or the elements alone excepted. Tenant shall, upon termination of this Lease, remove all non-fixture items, including without limitation, movable partitions of less than full height previously installed by Tenant, at Tenant's sole cost and expense. Tenant is responsible for any damage caused by such removal. Property not removed shall be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of sale. Upon request by Landlord, Tenant shall remove any or all permanent improvements or additions to the Premises to installed by Tenant which were not approved by Landlord. Tenant shall indemnify Landlord at against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including without termination any claims made by any succeeding tenant founded on such delay. All obligations of Tenant hereunder not fully performed as of the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such shall survive the expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office termination of the Building, Lease. Upon the expiration or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval earlier termination of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have pay to Landlord the rightamount, at the expiration or sooner termination of the Termas estimated by Landlord, necessary: (i) to either remove from repair and restore the Premises or Property or leave at the Premises or Propertyas provided herein; and (ii) to discharge Tenant's obligation for unpaid amounts due Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any Tenant’s Improvements and Alterations installed additional incurred costs upon demand by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this LeaseLandlord, and any excess shall be returned to cause its transportation Tenant after all such obligations have been determined and storage for satisfied. Any Security Deposit shall be credited against Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto's obligations hereunder.
Appears in 1 contract
Surrender of Premises. Tenant will surrender A. It is distinctly understood that all alterations, installations, changes, replacements, additions to or improvements upon the Demised Premises to (whether with or without Landlord's consent) shall at the election of Landlord remain upon the Demised Premises and be surrendered with the Demised Premises at the expiration of this Lease without disturbance, molestation or earlier injury. Should Landlord elect that alterations, installations, changes, replacements, additions to or improvements upon the Demised Premises be removed, upon termination of this Lease in broom clean condition or upon termination of any renewal period hereof, Tenant hereby agrees to cause same to be removed at Tenant's sole cost and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking exceptedexpense, and otherwise should Tenant fail to remove the same, then and in its then “as-is” condition. such event, Landlord shall cause same to be removed at Tenant's expense and Tenant willhereby agrees to reimburse Landlord for the cost of such removal, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or together with any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed damages which Landlord may suffer and sustain by or for Tenant, and (d) those Non-Standard Alterations installed by reason of failure of Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, same.
B. The Tenant shall have the rightcovenants, at the expiration or sooner other termination of the Termthis Lease, to either remove all goods and effects from the Demised Premises or Property or leave at not the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces property of the Landlord, and to yield up to the Landlord the Demised Premises are left finished and enclosedall keys, locks and other fixtures connected therewith (except trade fixtures and other fixtures belonging to the Tenant), in good repair, order and condition in all respects, reasonable wear and use thereof and damage by fire or other casualty and damage from risk with respect to which Tenant is not herein expressly made liable excepted. Subject to Section 10.3.2In the event Tenant does not surrender the Demised Premises as herein required, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering possession. Unless Landlord agrees in writing to Tenant's holding over after the Lease is terminated, Tenant's continued occupancy will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to be as a month-to-month lease as described tenant upon all the same terms and conditions set forth in Section 16.2, in which event such property may remain in this Lease except that the Premises subject to annual base rent shall be two (2) times the terms of said month-to-fixed annual rent payable during the month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoLease terminated.
Appears in 1 contract
Surrender of Premises. Tenant will surrender Upon the Premises to Landlord at the expiration or earlier termination of this Lease Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in broom clean writing, that Landlord will require Tenant not to remove, to Landlord in good condition and repairrepair (including, consistent with Tenant’s but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease, reasonable wear and tear, acts . Upon such termination of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements, excluding the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations improvements installed by Tenant in Exhibit J, unless Landlord requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant at or situated in or about the Property, at Tenant’s sole election, so long as Premises. By the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject date which is twenty (20) days prior to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant not to cause its transportation remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and storage for Tenant’s benefitimprovements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, then Tenant shall remove all at tenant signage, alterations, furniture, furnishings, trade fixtures, additions and other improvements (other than the sole cost and risk Tenant Improvements) installed in or about the Premises by, or on behalf of Tenant. Landlord Tenant shall ensure that the removal of such items and the repair of the Premises will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretocompleted prior to such termination of this Lease.
Appears in 1 contract
Surrender of Premises. Tenant will surrender the Premises to Landlord at Upon the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with TenantSublease or the termination of Subtenant’s maintenance obligations under this Lease, reasonable wear and tear, acts right of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys possession to the Premises, Subtenant shall surrender and vacate the Premises and deliver possession thereof to Property Manager or Sublandlord in accordance with all of Sublandlord’s duties as “Lessee” under the Master Lease relating to Landlord at the office surrender of the BuildingPremises, excluding, however, any obligation to remove any alteration or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes improvement performed prior to the Commencement Date and vaults, if any, which Tenant has left excluding any obligation to remove any Hazardous Substances not released in the Premises by Subtenant or on its employees, agents or invitees. At the Property. Tenant will at such time request of Sublandlord, Subtenant shall promptly remove (a) all of Tenant’s personal property any alterations, installations, additions, and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed improvements made by or for TenantSubtenant, excluding the Tenant Improvements (which Sublandlord shall be responsible to remove, if required by Master Landlord), but including any lines, and (d) those Non-Standard Alterations installed Subtenant shall repair any damage occasioned by Tenant that the removal thereof, but only if Master Landlord or Sublandlord required such removal as a condition to granting their consent to the performance of such installations, additions and improvements. If Subtenant shall fail to promptly remove any such alterations, installations, additions, and improvements, then such items may be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3by Sublandlord, and Subtenant shall promptly reimburse Sublandlord for any reasonable expenses incurred by Sublandlord in connection therewith, including, without limitation, the cost of removal thereof and of repairing any damage caused thereby, plus a fifteen percent (e15%) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to administration fee. Subtenant shall also remove from the Premises and/or Propertyall of Subtenant’s goods, effects, movable personal property, business and trade fixtures, furniture, machinery and trade equipment, and shall repair all damage resulting from such removal. Any of such items not so removed by Subtenant at the expiration or termination of this Sublease shall be conclusively deemed to have been abandoned by Subtenant, Subtenant shall not receive any cost or credit therefor, and Sublandlord may dispose of the same without any liability to Subtenant; it being agreed thatprovided, other than however, that Subtenant shall promptly reimburse Sublandlord for any reasonable expenses incurred by Sublandlord in connection therewith, including, without limitation, the items described in clauses cost of removal thereof and of repairing any damage caused thereby, plus a fifteen percent (a15%) through (d) above or as expressly provided administration fee. The obligations of Subtenant set forth in this Lease, Tenant Paragraph shall have the right, at survive the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoSublease.
Appears in 1 contract
Samples: Sublease Agreement (Fisker Inc./De)
Surrender of Premises. 26.1 Tenant will surrender 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. In the event of Tenant’s failure to arrange such joint inspections and/or participate in either such inspection, Landlord’s inspection at or after Tenant’s vacating the Premises to Landlord at the expiration or earlier termination shall be conclusively deemed correct for purposes of this Lease in broom clean condition and repair, consistent with determining Tenant’s maintenance obligations under this Leaseresponsibility for repairs and restoration. Revised 12/05
26.2 All alterations, reasonable wear and tear, acts of Landlord, damage by casualty or Taking exceptedadditions, and otherwise in its then “as-is” condition. Tenant willimprovements in, upon such expiration on, or earlier termination, surrender all keys to the Premises to Property Manager made or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, including, without limitation, carpeting (collectively, “Alterations”), shall be and (d) those Non-Standard Alterations installed by remain the property of Tenant that Landlord required be removed concurrently with Landlord’s approval of during the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at Term. Upon the expiration or sooner termination of the Term, all Alterations shall become a part of the realty and shall belong to either Landlord without compensation, and title shall pass to Landlord under this Lease as by a xxxx of sale. At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all Alterations by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, Tenant shall, at Tenant’s sole cost, remove from any Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal. (At the Premises time that Tenant requests approval of any proposed Alterations, or Property proposes to make any Alterations which do not require Landlord’s consent, Tenant may also inquire as to whether Tenant will be required to remove same upon expiration of the Term, and Landlord shall notify Tenant whether or leave not and to what extent Landlord will require that such Alterations be removed pursuant to this paragraph.) Tenant must, at the Premises or PropertyTenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s Improvements furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and Alterations other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personality”). Personalty not so removed shall be deemed abandoned by the Tenant at and title to the Propertysame shall thereupon pass to Landlord under this Lease as by a xxxx of sale, at Tenant’s sole electionbut Tenant shall remain responsible for the cost of removal and disposal of such Personalty, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair well as any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property .
26.3 All obligations of Tenant under this Lease not removed on fully performed as of the expiration or before the last day earlier termination of the Term is deemed abandoned, unless Tenant is then in occupancy shall survive the expiration or earlier termination of the Premises pursuant Term Upon the expiration or earlier termination of the Term, Tenant shall pay to a month-to-month lease Landlord the amount, as described in Section 16.2estimated by Landlord, in which event such property may remain in necessary to repair and restore the Premises subject as provided in this Lease and/or to discharge Tenant’s obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of amount payable by Tenant under this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Surrender of Premises. 25.1 Tenant shall arrange to meet Landlord for two (2) joint inspections of the Building and 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 Building and the Premises. In the event of Tenant’s failure to arrange such joint inspections and/or participate in either such inspection, Landlord’s inspection at or after Tenant’s vacating the Building and the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration.
25.2 All Tenant Improvements and Alterations (as defined in Article 6) shall be and remain the property of Tenant during the Term. At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will surrender peaceably deliver up to Landlord possession of the Building and the Premises, together with all such Tenant Improvements and Alterations by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, at the end of the Term or any renewal of the Term or other sooner termination of this Lease, (a) Tenant shall, at Tenant’s sole cost, remove any Tenant Improvements installed pursuant to Exhibit B or Alterations installed thereafter which Landlord has, by written notice delivered to Tenant at the time Landlord approves such Tenant Improvements or other Alterations, identified as Tenant Improvements or Alterations which Landlord will require that Tenant remove at the end of the Term ("Required Removables"), (b) repair any damage caused by such removal, and (c) restore the Building and the Premises to Landlord at their condition existing immediately prior to the installation of the Required Removables. Such obligations of removal and restoration shall survive the expiration or earlier termination of this Lease. All other Tenant Improvements and Alterations shall become a part of the realty and shall belong to Landlord without compensation, and title shall pass to Landlord under this Lease in broom clean condition and repairas by a xxxx of sale. Tenant must, consistent with at Tenant’s maintenance obligations under sole cost, remove upon termination of this Lease, reasonable wear any and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures from the Premisesand personal property, (b) as well as all data/telecommunications cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, "Personalty"). If Tenant fails to remove the Required Removables and/or the Personalty, and repair and restore the Building and the Premises as required above, Landlord shall have the right to do so and Tenant shall pay to Landlord all costs incurred by Landlord in connection therewith, plus a reasonable sum for overhead not to exceed eight percent (8%), which amounts shall be payable within ten (10) days after invoice, together with interest thereon from the date of expenditure until paid in full at the Propertyrate of eight percent (8%) per annum, provided that if such sums are not paid by Tenant by the date such sums are due, then such sums shall thereafter accrue interest at Tenant’s sole electionthe Default Rate until paid in full. Personalty not so removed shall be deemed abandoned by Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of sale, so long but Tenant shall remain responsible for the cost of removal and disposal of such Personalty, as well as the floor, wall and ceiling surfaces repair of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject In lieu of requiring Tenant to remove the terms of Section 13.10Required Removables and the Personalty, all property of and repair and restore the Building and the Premises as aforesaid, Landlord may, by written notice to Tenant not removed on or delivered at least thirty (30) days before the last day end of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove or any such abandoned property from the Premises upon Option Term or any sooner termination of this Lease, require Tenant to pay to Landlord, as additional rent hereunder, the cost of such removal, and repair and restoration in an amount reasonably estimated by Landlord.
25.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to cause its transportation and storage for Landlord the amount, as estimated by Landlord, necessary to discharge Tenant’s benefit, all at the sole cost obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and risk held by Landlord for payment of such obligations of Tenant. Landlord will not be , with Tenant being liable for damageany additional costs upon demand by Landlord, theft, misappropriation or loss thereof or in with any manner in respect theretoexcess to be returned to Tenant after all such obligations have been determined and satisfied.
Appears in 1 contract
Samples: Industrial Net Lease (Dexcom Inc)
Surrender of Premises. Upon the expiration of the Term (as may be extended), Tenant will shall quietly and peacefully surrender the Premises to Landlord at in the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under called for by this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all shall deliver to Landlord any keys to the Premises to Property Manager Premises, or any other portion of the Project, and shall provide to Landlord at the office combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the expiration of the BuildingTerm, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord Tenant, at its cost and expense, shall remove all of all combinations on locks, safes and vaults, if any, which Tenant has left in its personal property from the Premises or on and repair all damage to the PropertyProject caused by such removal. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the PremisesIn addition, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) at its cost and expense, shall remove all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused by such removal as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the termination of the Term, unless Landlord notifies Tenant, at least thirty (30) days prior to the termination of the Term, that such Lines shall be surrendered with the Premises; and (dii) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval in the case of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in earlier termination of this Lease, Tenant shall have 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 rightproperty of Landlord (without payment by Landlord), at the expiration or sooner termination of the Termand shall be surrendered in good condition and working order, to either remove from the Premises or Property or leave at the Premises or Propertylien free, any Tenant’s Improvements and Alterations installed properly labeled with an identification system reasonably approved by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosedLandlord. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all All personal property of Tenant not removed on hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or before the last day damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or same in any manner in respect theretopermitted by law.
Appears in 1 contract
Samples: Office Lease (Stitch Fix, Inc.)
Surrender of Premises. See Addendum
25.1 In the event of Xxxxxx's failure to arrange such joint inspection to be held prior to vacating the Premises, Landlord's inspection at or after Xxxxxx's vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and restoration.
25.2 At the end of the Term or any renewal of the Term or any renewal of the Term of other sooner termination of this Lease, Tenant will surrender peaceably deliver up to Landlord Possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same conditions first installed, broom clean and free of all debris, excepting only condemnation or Xxxxxxxx's failure to make repairs required by it to make, ordinary wear and tear and damage by fire or other casualty. Tenant may, and at Xxxxxxxx's request shall, at tenant's sole cost, remove upon termination of this Lease, any and all furniture, furnishings, movable partitions of less than full height from floor to ceiling, trade fixtures and other property installed by Tenant, title to which shall not be in or pass automatically to Landlord upon such termination, repairing all damage caused by such removal. Property not so removed shall, unless requested to the removed, be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease under this Lease as by a bill of sale. All other alterations, additions and improvements in, on or to the Premises to Landlord at shall be dealt with and disposed of as provided in Article 6. See Section 6.4
25.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such the Term shall survive the expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, . In the event that Xxxxxx's failure to either remove perform prevents Landlord from releasing the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2Premises, Tenant will promptly repair any damage shall continue to pay rent pursuant to the Premises caused by provisions of Article 14 until such removalperformance is complete. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.See Addendum
Appears in 1 contract
Samples: Lease (Invitrogen Corp)
Surrender of Premises. Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all At the end of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements Term or any Alterations, renewal thereof or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval other sooner termination of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination will peaceably deliver to Landlord possession of the TermPremises, together with all improvements or additions upon or belonging to either remove from Landlord, by whomsoever made, in the Premises same condition as received, or Property or leave at first installed, subject to the Premises or Propertyterms of Sections 23 and 36, any Tenant’s Improvements subject to Normal Wear and Alterations installed by or on behalf Tear and the rights and obligation of Tenant at concerning casualty damage pursuant to Section 22, damage by fire, earthquake, Act of God, or the Propertyelements alone excepted, and subject to any items which are the obligation of Landlord to repair or replace pursuant to the terms of this Lease (provided, however, Landlord shall be entitled to charge Tenant for such repairs and replacements to the extent provided in Section 3). Tenant shall, at Tenant’s sole electioncost upon the expiration of the Term or sooner termination of this Lease, so long as the floorremove all trade fixtures, equipment, IT/cabling, movable furniture, furniture partitions, furnishings, signage, supplies, wall decorations, placards or other personal property belonging to Tenant and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject Property not so removed shall be deemed abandoned by Tenant, and title to the terms same shall thereupon, at Landlord’s option, pass to Landlord. Upon request by Landlord, but only if Landlord is entitled to require such removal pursuant to the provisions of Section 13.106, Tenant shall remove, at Tenant’s sole cost, any or all Alterations to the Premises installed by or at the expense of Tenant and repair any damage resulting from such removal. Tenant’s Work up to the amount of Tenant Allowance shall become the property of Tenant not removed Landlord upon the lien free completion of Tenant’s Work, and the balance of Tenant’s Work shall be surrendered to and become the property of Landlord on the Expiration Date or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon sooner termination of this Lease.
(b) The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and to cause its transportation and storage for Tenant’s benefitshall, all at the sole cost and risk option of Tenant. Landlord will not be liable for damageLandlord, theftterminate all or any existing subleases or subtenancies, misappropriation or loss thereof may, at the option of Landlord, operate as an assignment to it of any or in any manner in respect theretoall such subleases or subtenancies.
Appears in 1 contract
Samples: Sublease Agreement (PubMatic, Inc.)
Surrender of Premises. Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10this Sublease relating to damage and destruction, all property of Tenant not removed on upon expiration or before the last day termination of the Term is deemed abandonedof this Sublease, unless Tenant is then in occupancy whether by lapse of time or otherwise (including any holdover period), Sublessee at its expense shall: (1) remove Sublessee's goods and effects and those of all persons claiming under Sublessee, and (2) repair and restore the Premises pursuant to a month-to-month lease condition as described in Section 16.2good as received by Sublessee from Sublessor or as thereafter improved, in which event such property may remain reasonable wear and tear excepted, and (3) promptly and peacefully surrender the Premises (including surrender of alterations, additions or improvements installed in the Premises subject by Sublessor or Sublessee, except Sublessee's trade fixtures that do not become part of the Building and any items identified in a writing signed by both parties prior to installation of the equipment or fixtures described therein). If Sublessee caused the Premises to be improved with other than ceiling suspension systems, ceiling, fluorescent light fixture, mechanical cooling, heating and ventilation unit covers, millwork detail, doors, door xxxxx, hardware or hard surface floor tile and base consistent with Sublessor's improvements to Floor Five existing on the date of this Sublease, then at Sublessor's option Sublessee shall pay Sublessor an amount equal to the terms of said month-to-month leasecost to replace all such nonstandard items with building standard items. Landlord may remove any such abandoned Any property from left on the Premises upon after the expiration or termination of this Leasethe Lease Term shall be deemed to have been abandoned and the property of Sublessor to dispose of as Sublessor deems expedient, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not Sublessee shall be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoall costs associated with the disposal of such property.
Appears in 1 contract
Surrender of Premises. On or before the expiration of the Term, Tenant will surrender shall vacate the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean broom‑clean condition and repairotherwise in the same condition as existed on date possession of such space was delivered to Tenant, consistent with Tenant’s maintenance obligations under this Leaseordinary wear and tear and fire and casualty loss excepted, except that any improvements made within or on the Premises by Tenant shall remain, in the same condition and repair as when constructed or installed, reasonable wear and tear, acts of Landlord, damage by tear and fire and casualty or Taking loss excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, ; provided that (A) if any, which Tenant has left in the Premises made any improvements or alterations within or on the PropertyPremises without Landlord’s prior written consent (or without other prior written notice to Landlord), then Tenant shall remove any such improvements on or before the expiration of the Term if Landlord gives written notice to Tenant, at least thirty (30) days before the expiration of the Term, directing such removal, and (B) if Tenant has made any improvements or alterations within or on the Premises with Landlord’s prior written consent (or with other prior written notice to Landlord), then Tenant shall remove any such improvements on or before the expiration of the Term if Landlord has notified Tenant in writing, at the time Landlord consents to such improvements or alterations (or within thirty (30) days after Landlord receives other written notice of such improvements or alterations), that such improvements or alterations must be removed on or before the expiration of the Term. In addition, Tenant will at such time shall remove (a) from the Premises all of Tenant’s personal property and trade fixtures from in order that Landlord can repossess the Premises on the day this Lease or any extension hereof expires or is sooner terminated. Any removal of Tenant’s improvements, Tenant’s property and/or Tenant’s trade fixtures shall be accomplished in a manner which will minimize any damage or injury to the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements and any such damage or any Alterations, or otherwise injury shall be repaired by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damageexpense, theft, misappropriation or loss thereof or in any manner in respect theretowithin thirty (30) days after Tenant vacates the Premises.
Appears in 1 contract
Samples: Lease Agreement (Inogen Inc)
Surrender of Premises. Tenant Upon the termination of this Agreement under Section 26, or, in the event that this Agreement is not renewed or expires under Section 2, Permittee shall vacate and remove all personal property no later than the end of the Agreement. However, with the Superintendent’s written consent, the Permittee may have additional time beyond the end of the Agreement to remove all equipment and property from the Premises. The Permittee will deliver the facility to City in as good condition as the Premises was in at the commencement of the Agreement, with the exception of unavoidable wear and tear through careful use and with the exception of damage by fire or other casualty beyond the control of Permittee. Permittee may be granted additional time to surrender the Premises under this Subsection by written agreement with the Parks Superintendent, or his/her designee. Any damages to Landlord at the expiration or earlier Premises beyond normal and expected wear and tear shall be the responsibility of the Permittee. If these damages are not repaired by the Permittee before surrender of the Premises to the City, the City shall cause the repairs to be made and charge the cost thereof against the security deposit as set forth in Subsection q below. Any balance still owing by Permittee in excess of the security deposit shall be due within thirty (30) calendar days of the invoice. All equipment and other property of the City on the Premises shall remain the property of the City after the termination of this Lease in broom clean condition and repairAgreement. No fixtures, consistent with Tenant’s maintenance obligations under this Leasewhether or not purchased by Permittee, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required shall be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than without the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination permission of the Term, to either remove from City. An inventory of City property and equipment will be performed before release. Any property of Permittee remaining on the Premises or Property or leave at thirty (30) calendar days after surrender of the building will become the property of the City. Notwithstanding the preceding, Xxxxxxxxx must immediately surrender the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at remove all property therefrom in the Property, at Tenant’s sole election, so long as event Permittee no longer meets the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms insurance requirements of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto16.c.
Appears in 1 contract
Samples: Use Agreement
Surrender of Premises. Tenant will shall surrender the Premises to Landlord at the expiration or earlier sooner termination of this Lease the Term in good order and condition, broom clean condition and repairclean, consistent with Tenant’s maintenance obligations under this Lease, except for reasonable wear and tear. All alterations, acts of Landlordincluding HVAC equipment, damage by casualty wall coverings, carpeting and other floor coverings, ceiling tiles, window treatments, lighting fixtures, built-in or Taking exceptedattached shelving, built-in furniture, millwork, countertops, cabinetry, all doors (both exterior and interior), bathroom fixtures, sinks, kitchen area improvements, and otherwise in its then “as-is” condition. wall mirrors, made by Landlord or Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager shall become Landlord’s property upon the expiration or to Landlord at the office sooner termination of the Building, or as Landlord or Property Manager may otherwise directTerm. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at On the expiration or sooner termination of the Term, to either Tenant, at its expense, shall remove from the Premises or Property or leave at all moveable machinery and equipment, including moveable communications equipment and moveable office equipment, that are installed in the Premises by Tenant without expense to Landlord and which can be removed without damage to the Premises or Propertythe Building, and all moveable furniture, furnishings, and other articles of moveable personal property owned by Tenant and located in the Premises. Tenant, at its expense, shall also remove all communication and data lines and cables and any non-Building standard alterations, including vaults and/or safes designated for removal by Landlord. Tenant shall repair any damage caused by the removal. Any items of Tenant’s Improvements and Alterations installed by property that shall remain in the Premises after the expiration or on behalf sooner termination of Tenant the Term, may, at the Propertyoption of Landlord, be deemed to have been abandoned, and in that case, those items may be retained by Landlord as its property to be disposed of by Landlord, without accountability to Tenant or any other party, in the manner Landlord shall determine, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosedexpense. Subject to Section 10.3.2In any event, Tenant will promptly repair any damage shall on written request by Landlord, remove specific alterations to the Premises caused made by such removal. Subject to the terms of Section 13.10Tenant, all property of Tenant not removed on or before the last day of the Term is deemed abandonedincluding, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2without limitation, in which event such property may remain in the Premises subject to the terms of said month-to-month leasecommunication and data lines and cables. Landlord may remove shall identify any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all specific alternations which shall be removed at the sole cost and risk time of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoapproval of such alterations.
Appears in 1 contract
Samples: Lease (Bioventus Inc.)
Surrender of Premises. Tenant will On the Expiration Date or upon the termination hereof upon a day other than the Expiration Date, Lessee shall peaceably surrender the Leased Premises to Landlord at broom-clean in good order, condition and repair, reasonable wear and tear only excepted. On or before the expiration Expiration Date or earlier upon termination of this Lease in broom clean condition and repairon a day other than the Expiration Date, consistent with Tenant’s maintenance obligations under this LeaseLessee shall, reasonable wear and tearat its expense, acts of Landlordremove all trade fixtures, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures equipment and signs from the Premises, (b) all cabling which was placed Leased Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Leased Premises and all floor covering so installed shall remain upon and be surrendered with the Leased Premises as a part of Tenant’s Improvements thereof, without disturbance, molestation or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenantinjury, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the rightwithout charge, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and subject to cause its transportation and storage the provisions of Article 16 hereof. If the Leased Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify Lessor against loss or liability claims, without limitation made by any succeeding Lessee founded on such delay. Lessee shall promptly surrender all keys for Tenant’s benefit, all the Leased Premises to Lessor at the sole cost place then fixed for payment of rent and risk shall inform Lessor of Tenantcombinations of any locks and safes on the Leased Premises. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.SURRENDER INVALID UNLESS WRITTEN:
Appears in 1 contract
Surrender of Premises. Tenant will surrender the Premises to Landlord at (a) Upon the expiration or earlier termination of this Lease in broom clean condition and repairthe Term, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, Tenant shall quietly surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) including, without limitation, all cabling which was placed in the Alterations. The Premises as part of Tenant’s Improvements and all said Alterations shall be surrendered to Landlord by Tenant without any damage, injury or any Alterationsdisturbance thereto, or otherwise payment therefor by Tenant, (c) all Exterior Landlord. Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to may remove from the Premises and/or PropertyTenant's property (including any leasehold improvements owned by Tenant) as Tenant elects, at Tenant's expense; it being agreed thatprovided, other than the items described in clauses (a) through (d) above or as expressly provided in this Leasehowever, Tenant shall have be obligated to remove the rightfollowing items of Tenant's property: Tenant's trade fixtures, equipment, furniture, inventory, merchandise and other items of moveable personal property. Tenant shall repair any damage caused by such removal and shall restore the area to its condition immediately before installation (reasonable wear and tear excepted). Tenant, at its sole expense, shall remove signage installed by Tenant after the expiration or sooner termination of the Term, to either remove Commencement Date from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly shall repair any damage to the Premises caused by such removalremoval and restore the affected areas to their prior condition. Subject Tenant shall surrender the Premises in a neat and clean condition, free of waste and debris, subject to ordinary wear and tear. Tenant's obligation to observe and perform these covenants shall survive the expiration or other termination of this Lease.
(b) Tenant shall have the right to be present at time of final inspection of the Premises to determine if any damage was done thereto, if Tenant notifies Landlord in writing of its intention to move, the date of moving and new address. The notice of Tenant's desire to be present at the final inspection of the Premises shall be given at least 10 days prior to the terms date of Section 13.10moving. Upon receipt of such notice Landlord shall notify Tenant of time and date when the Premises are to be inspected. The inspection shall occur within five days before or five days after Tenant's date of moving, all such inspection date to be mutually satisfactory to both Landlord and Tenant.
(c) If Tenant does not remove from the Premises Tenant's furniture, equipment, trade fixtures, or any other items of Tenant's property of that Tenant not removed is obligated under subsection 21(a) above to remove on or before prior to the last day expiration of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon or sooner termination of this Lease, and then Tenant agrees that Landlord may, at Landlord's election, (i) retain any or all of such property, in which case Tenant shall be conclusively presumed to have conveyed the same to Landlord under this Lease as a xxxx of sale without further payment or credit by Landlord to Tenant, or (ii) Landlord shall have the right to cause its transportation and storage for any or all of such property to be removed at Tenant’s benefit, all at the 's sole cost and risk expense. Tenant agrees to reimburse Landlord for the cost of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretosuch removal.
Appears in 1 contract
Surrender of Premises. Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at Upon the expiration or sooner termination of the Termterm of this Sublease, Subtenant shall quit and surrender the Premises to either remove Sublandlord, in the manner and condition prescribed therefor in the Master Lease, and Subtenant shall not hold-over in possession, or make any application to so hold-over, for any reason whatsoever. If the Premises are not surrendered and vacated as and at the time required by this Sublease (time being of the essence), Subtenant shall be liable to Sublandlord for (a) all losses and damages which Sublandlord may incur or sustain by reason thereof, including, without limitation, reasonable attorneys’ fees and any direct, consequential or punitive damages for which Sublandlord may be liable, and Subtenant shall indemnify Sublandlord against all claims made by any succeeding subtenants or by Master Landlord against Sublandlord or otherwise arising out of or resulting from the Premises or Property or leave at failure of Subtenant timely to surrender and vacate the Premises or Propertyin accordance with the provisions of this Sublease, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall (b) per diem use and ceiling surfaces occupancy in respect of the Premises are left finished equal to two times the Fixed Rent and enclosedAdditional Rent payable hereunder for the last month of the term of this Sublease (which amount Sublandlord and Subtenant presently agree is the minimum to which Sublandlord would be entitled and is presently contemplated by them as being fair and reasonable under such circumstances and not a penalty). Subject In no event shall any provision hereof or otherwise be construed as permitting Subtenant to Section 10.3.2, Tenant will promptly repair any damage to hold over in possession of the Premises caused after expiration or termination of the term hereof, and no acceptance by such removal. Subject to Sublandlord of payments from Subtenant after the terms of Section 13.10, all property of Tenant not removed on Expiration Date or before the last day sooner termination of the Term is shall be deemed abandoned, unless Tenant is then in occupancy to be other than on account of the Premises pursuant amount to a month-to-month lease as described be paid by Subtenant in Section 16.2, in which event such property may remain in accordance with the Premises subject to provisions of this Article 22. All of Subtenant’s obligations under this Article shall survive the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon expiration or earlier termination of the Term of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoSublease.
Appears in 1 contract
Samples: Sublease Agreement (PRN Corp)
Surrender of Premises. Tenant will surrender the Premises to Landlord 12.1 Without demand therefore and at the expiration Lessee's own cost and expense, the Lessee shall remove all personal property belonging to the Lessee and all alterations, additions and improvements (other than permanent partitions and installations and those alterations, additions and improvements with respect to which the Lessor has exercised its option under Section 9.3 hereof) to the Leased Premises which the Lessee has installed or earlier caused to be installed as of the date of the termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the TermLessee's tenancy hereunder. In addition, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly Lessee shall repair any all damage to the Leased Premises caused by such removal. Subject removal as aforesaid and restore the Leased Premises to the terms condition in which the same existed prior to the installation of Section 13.10such alterations, all property additions and improvements so removed. Without limiting any other rights or remedies of Tenant which the Lessor may be possessed, any alterations, additions and improvements which are not removed as required by this Section shall be deemed to have been abandoned by the Lessee and may be retained or disposed of by the Lessor without accounting therefore to the Lessee of any nature. In the event that the Lessor shall dispose of any property deemed to have been abandoned by the Lessee, immediately upon demand therefore the Lessee shall reimburse the Lessor for all costs and expenses incurred by the Lessor with respect to such disposition.
12.2 The Lessee shall, on or before the last day expiration of the Term is deemed abandoned, unless Tenant is then in occupancy hereof or the sooner termination of the Lessee's tenancy hereunder, promptly surrender and deliver the Leased Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms Lessor without demand therefore in good condition, ordinary wear and tear excepted.
12.3 If during the Term of said monththis Lease the Leased Premises, or any part thereof, should be taken for any public or quasi-to-month lease. Landlord may remove public use under any law, ordinance or regulation, or by right of eminent domain, or should be sold to any condemning authority under threat of condemnation, the Lessor shall have the right to terminate this Lease, and in such abandoned property from event the Premises upon termination Rent and Additional Rent shall be abated for the unexpired portion of this Lease, and effective as of the date of the taking by or conveyance to cause its transportation and storage for Tenant’s benefitthe condemning authority. No such condemnation or conveyance shall entitle the Lessee to any part of any damage award or purchase price paid on account of such condemnation or conveyance, all at of which rights are hereby expressly waived by the sole cost and risk of TenantLessee. Landlord will Notwithstanding the foregoing, in the event that the condemning authority shall award moving or business interruption damages which do not in any way diminish the recovery available to the Lessor, the Lessee shall not be liable for damage, theft, misappropriation or loss thereof or in deemed to have waived any manner in respect theretoright to the same by reason of the provisions of this Section and shall have the right to seek a recovery of such moving damages from the condemning authority.
Appears in 1 contract
Surrender of Premises. Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean condition and repairAll Alterations, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking exceptedadditions, and otherwise in its then “as-is” condition. Tenant willimprovements in, upon such expiration on or earlier termination, surrender all keys to the Premises to Property Manager made or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3including, without limitation, carpeting, cabinets, countertops, and (e) any other Tenant’s Improvements sinks, shall be and Alterations which Tenant, in its sole discretion, elects to remove from remain the Premises and/or Property; it being agreed that, other than property of Tenant during the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at Term. Upon the expiration or sooner termination of the Term, all Alterations shall become a part of the realty and shall belong to Landlord without compensation, and title shall pass to Landlord under this Lease as by a bill of sale, subject to Section 19. The foregoing shall not apply to moveable equipment, trade fixtures, inventory, signs, personal property, furniture or other removable property which is owned or leased by Tenant (“Tenant’s Owned Property”). At the end of the Term or any renewal of the Term or sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all Alterations that Landlord does not require Tenant to remove by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear, subject to Section 19 above. Portions of the initial alterations installed as part of the Tenant Work, (i.e., Liebert units, computer rooms, auditoriums, laboratories, wiring, cabling, etc.), which are not Tenant’s Owned Property, shall, at the election of Landlord, and subject to Section 19, either remove from be removed by Tenant at its expense before the expiration of the term or shall remain upon the Premises and be surrendered therewith at the expiration date or earlier termination of this Lease as the property of Landlord without disturbance, molestation or injury. If Landlord requires the removal of all or part of said specialized Tenant improvements, Tenant, at its expense, shall repair any damage to the Premises or Property or leave at the Building caused by such removal and shall restore the Premises or Propertyto its condition prior to the installation of such specialized Tenant improvements. If Tenant fails to remove said specialized Tenant improvements upon Landlord’s request, then Landlord may (but shall not be obligated to) remove the same and the cost of such removal, repair and restoration, together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same, shall be charged to Tenant and paid upon demand, such obligation to survive the expiration of the term. Tenant must, at Tenant’s Improvements sole cost, remove upon termination of this Lease, all data/telecommunications cabling and Alterations wiring installed by or on behalf of Tenant Tenant, whether inside walls, under any raised floor or above any ceiling, unless otherwise provided at the Propertytime Landlord approves the plans for such Alterations. All personal property not removed by Tenant shall be deemed abandoned by Xxxxxx and Landlord reserves the right, at its sole and absolute discretion, to dispose of the personality and to charge the reasonable cost of such removal to the Tenant’s sole election, so long as which obligation shall survive the floorLease termination and surrender hereinabove provided. If the Premises are not surrendered at the end of the Lease term, wall Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Premises, and ceiling surfaces Tenant shall pay to Landlord for each month or a part thereof that Xxxxxx does not vacate or surrender the Premises after the end of the term, a sum equal to 150% of the Basic Rent for the month immediately prior to the end of the term together with all items of Additional Rent and other charges with respect to the Property or Premises payable by Tenant during the last Lease Year of the Term prorated on a per diem basis based upon the actual number of days of the Holdover Period. In addition, upon thirty (30) days written notice from Landlord to Tenant that Landlord requires surrender of the Premises are left finished to Landlord to prepare or deliver the same to any succeeding tenant or occupant, and enclosed. Subject the failure of Tenant to Section 10.3.2surrender the Premises within such thirty (30) days, Tenant will promptly repair be liable for and shall indemnify, defend and hold Landlord harmless from all direct, out-of-pocket loss, cost, claims, liability or expense (including reasonable attorneys’ fees) arising from Tenant’s holdover which results in the inability of Landlord to timely prepare and/or timely deliver space to a third party for its occupancy, including any damage claims made by any succeeding tenant due in whole or part to Tenant’s holdover and additional costs incurred by Landlord, such as overtime and premium payments to contractors for construction, and other direct damages. Notwithstanding anything contained in this Lease to the Premises caused contrary, in no event shall Tenant be liable for special or consequential damages. The provisions of this Section 20 do not waive Landlord’s right of re-entry, eviction, or right to regain possession by such removal. Subject actions of law or in equity, or any other rights or remedies and shall not be deemed a consent by Landlord to the terms of Section 13.10, all property Tenant’s remaining in possession or be construed as creating or renewing any lease or right of Tenant not removed on between Landlord and Tenant. Notwithstanding the foregoing, in the event Landlord and Tenant are conducting good faith negotiations to extend the Term or before to enter into a new lease for the Premises, Tenant shall continue making all payments at one hundred percent (100%) of the Base Rent (including Additional Rent) payable as of the last day month of the Term. Upon execution of an agreement to extend the Term is deemed abandonedor upon the execution of a new lease for the Premises, unless Tenant is then shall retroactively pay the increase in occupancy Base Rent, if any, as set forth in such agreement to extend the Term or new lease. In the event good faith negotiations between the parties cease, or in the event Landlord in Landlord’s sole discretion decides not to renew the Term, and if upon thirty (30) days notice from Land lord, Xxxxxx (or any party claiming under Xxxxxx) refuses to surrender the Premises to Landlord, Landlord shall have the option to charge Tenant a sum equal to 150% of Base Rent as set forth in above from the expiration of such thirty (30) day notice until such time as Landlord obtains possession of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Surrender of Premises. Section 15.01. Tenant will surrender the Premises to Landlord at shall, upon the expiration or earlier termination of this Lease for any reason whatsoever, surrender to Landlord the buildings, structures and building equipment then upon the Demised Premises, together with all alterations and replacements thereof then on the Demised Premises, in broom clean the same good order, condition and repair, consistent with Tenant’s maintenance obligations under this Leasethat the Demised Premises are in on the completion of the construction contemplated hereby, except for reasonable and ordinary wear and tear, acts of Landlord, damage by casualty or Taking excepted, . (Wherever the term “reasonable and otherwise in its then “as-isordinary wear and tear” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided 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. 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 trade fixtures, furniture and equipment (other than building equipment) installed in the Demised Premises shall remain in Tenant, and upon expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon other termination of this Lease, the same may and, upon the demand of Landlord, shall be removed and any resultant damage to cause its transportation the Demised Premises shall be repaired, by and storage for 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 benefitprior written consent, be entitled to remove any such trade fixtures, furniture or equipment unless and until such delinquency or default shall have been cured, and if such delinquency or default shall not have been cured by Tenant within thirty (30) days after the date of such expiration or termination, all such trade fixtures, furniture and equipment of Tenant shall, at Landlord’s option, be and become the sole cost and risk absolute property of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoLandlord.
Appears in 1 contract
Surrender of Premises. Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the rightshall, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or least 90 days before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy arrange to meet Landlord for a joint inspection of the Premises. In the event of Tenant's failure to arrange such joint inspection, Xxxxxxxx's inspection at or after Xxxxxx's vacating the Premises pursuant shall be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. At the end of the Term or any renewal thereof or other sooner termination of this Lease, Tenant will peaceably deliver up to a month-to-month lease as described in Section 16.2Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in which event such property may remain in the Premises subject to same condition as received or first installed broom clean and free of all debris, ordinary wear and tear and damage by fire, earthquake, Act of God, or the terms of said month-to-month leaseelements alone excepted. Landlord may remove any such abandoned property from the Premises Tenant may, upon termination of this Lease, remove all movable partitions of less than full height from floor to ceiling, counters, and other personal property of Tenant removable without material damage to cause its transportation such property or the Premises previously installed by Tenant, at Tenant's sole cost, title to which shall be in Tenant until such termination, repairing such damage caused by such removal. Property not so removed shall be deemed abandoned by the Tenant and storage for title to the same shall thereupon pass to Landlord under this Lease as by a bill of sale. Upon request by Landlord, Tenant shall remove any or all permanent improvements or additions to the Premises installed at Tenant’s benefit, all at the sole 's cost and risk all movable partitions, counters and other personal property of Tenant removable without material damage to such property or the Premises which may be left by Tenant and repair any damage resulting from such removal. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Xxxxxx in so surrendering the Premises, including without limitation any claims made by any succeeding Xxxxxx founded on such delay. All obligation of Tenant hereunder not fully performed as of the expiration or earlier termination of the Term of this Lease shall survive the expiration or earlier termination of the Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary: (i) to repair and restore the Premises as provided herein; and (ii) to discharge Tenant's obligation for unpaid amounts due Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant. Landlord will not be , with Tenant being liable for damageany additional costs upon demand by Landlord, theft, misappropriation or loss thereof or in with any manner in respect theretoexcess to be returned to Tenant after all such obligations have been determined and satisfied. Any Security Deposit shall be credited against the amount payable by Tenant hereunder.
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Surrender of Premises. Upon the expiration or sooner termination of this Lease, Tenant will shall surrender all keys for the Premises and exclusive possession of the Premises to Landlord broom clean and in the condition and repair received and thereafter improved, excepting reasonable wear and tear, casualty damage which is not Tenant’s obligation to repair hereunder, and maintenance, repair, and replacement obligations that are Landlord’s express obligations under this Lease, with all of Tenant’s personal property, electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (other than those items installed in connection with the Tenant Improvements) and those items, if any, of Alterations identified by Landlord pursuant to Section 13.2, removed therefrom and all damage caused by such removal repaired. Notwithstanding the foregoing, Tenant shall not be required to remove or restore the loading doors in the Premises, or any of the initial Landlord Improvements or Tenant Improvements at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. If Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects fails to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at by the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements this Lease all of its personal property and Alterations installed identified by or on behalf of Landlord for removal pursuant to Section 13.2, Landlord may, (without liability to Tenant at the Propertyfor loss thereof), at Tenant’s sole election, so long as the floor, wall cost and ceiling surfaces of the Premises are left finished in addition to Landlord’s other rights and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable Law; and/or (b) upon ten (10) days’ prior notice to cause its transportation and storage Tenant, sell all or any such items at private or public sale for Tenant’s benefit, all at the sole cost and risk of Tenantsuch price as Landlord may obtain as permitted under applicable Law. Landlord will not shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Xxxxxxxx’s attorneys’ fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretopaid to Tenant.
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Samples: Office/Industrial Lease (iRhythm Technologies, Inc.)
Surrender of Premises. 26.1 Tenant shall, at least thirty (30) days before the last day of the Term, arrange to meet Landlord for a joint inspection of the Premises. In the event of Tenant’s failure to arrange such joint inspection to be held prior to CROSSINGS FORM LEASE — NO PERCENTAGE RENT vacating the Premises, Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration.
26.2 At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will surrender peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Tenant may, and at Landlord’s request shall, at Tenant’s sole cost, remove upon termination of this Lease, any and all furniture, furnishings, movable partitions of less than full height from floor to ceiling, trade fixtures and other property installed by Tenant, title to which shall not be in or pass automatically to Landlord upon such termination, repairing all damage caused by such removal. Property not so removed shall, unless requested to be removed, be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a bxxx of sale. All other alterations, additions and improvements in, on or to the Premises to Landlord at shall be dealt with and disposed of as provided in Article 7 hereof.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such the Term shall survive the expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office termination of the Building, or as Landlord or Property Manager may otherwise directTerm. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in In the Premises or on the Property. Tenant will at such time remove (a) all of event that Tenant’s personal property and trade fixtures failure to perform prevents Landlord from releasing the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor shall continue to pay rent pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at provisions of Article 15 until such performance is complete. Upon the expiration or sooner earlier termination of the Term, Tenant shall pay to either remove from Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises or Property or leave at the Premises or Property, any as provided in this Lease and/or to discharge Tenant’s Improvements obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and Alterations installed held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or on behalf of with any excess to be returned to Tenant at after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, amount payable by Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of under this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
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Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant’s right to possession of the Premises. Tenant will at once surrender and deliver up the Premises, together with the attached fixtures (other than trade fixtures, and other than any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises), additions and Improvements which Landlord has agreed in writing with Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear, and repairs not required to be made by Tenant as expressly provided in this Lease, or to the extent Landlord has actually received insurance proceeds for such casualty damage. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors caused by forklifts), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has agreed with Tenant in writing, at the time set forth in Section 10.1, that it will require such removal), all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, equipment, personal property, additions, and other improvements (to the extent Landlord has agreed with Tenant, in writing,) unless Landlord and Tenant agree in writing, that Tenant not remove some or all of such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is forty-five (45) days prior to such termination of this Lease, Landlord and Tenant shall agree in writing of those attached fixtures (other than trade fixtures), alterations, additions and other non-attached improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, equipment, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord falls to so notify Tenant at least forty-five (45) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, Lease Agreement dated December 16, 2002. equipment, cabling and other lines of a non-standard nature, additions and other improvements (other than the Tenant Improvements and those improvements or alterations not required to be removed by Landlord at the time of installation) installed in or about the Premises by, or on behalf of Tenant. Tenant shall cause the removal of such items and the repair of the Premises to Landlord at be completed prior to such termination of this Lease. For purposes hereof, and notwithstanding anything to the contrary contained herein, Tenant’s racking and in-rack sprinkler systems shall be deemed to be part of Tenant’s trade fixtures and shall be removed from the Premises by Tenant upon the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
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Surrender of Premises. On the last day or sooner termination of the term, or any extension term, Tenant will shall quit and surrender the Premises to Landlord at the expiration or earlier termination of this Lease broom clean, in broom clean good condition and repair, consistent with Tenant’s maintenance obligations under this Lease, repair (reasonable wear and tear, acts of Landlord, tear excepted; provided that damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager (such as, but not limited to, walls, floors and ceilings) resulting from the specific business use of the Premises by Tenant shall not be considered ordinary wear and tear), together with all alterations, additions and improvements which may have been made in, on or to the Premises, except movable furniture or unattached movable trade fixtures put in at the sole expense of Tenant; provided, however, that Tenant shall ascertain from Landlord at least thirty (30) days before the office end of the Building, or as term whether Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in desires to have the Premises or on any part thereof restored to the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling condition in which it was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for originally delivered to Tenant, and (d) those Non-Standard Alterations installed by Tenant that if Landlord required be removed concurrently with Landlord’s approval shall so desire, then Tenant, at its own cost and expense, shall restore the same before the end of the plans therefor pursuant to Section 8.3term. Tenant shall, and (e) any other Tenant’s Improvements and Alterations which Tenanton or before the end of the term, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed thatall its property together with any alterations, other than additions and improvements, the items described in clauses (a) through (d) above removal of which is requested by Landlord, and any or all of such property 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. If the Premises be not surrendered as expressly provided in this Leaseand when aforesaid, Tenant shall have indemnify Landlord against loss or liability resulting from the rightdelay by Tenant in so surrendering the Premises including, at without limitation, any claims made by any succeeding occupant founded on such delay. Tenant’s obligations under this Section shall survive the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoterm.
Appears in 1 contract
Samples: Lease Agreement (Highland Transcend Partners I Corp.)
Surrender of Premises. 26.1 Tenant shall, at least thirty (30) days before the last day of the Term, arrange to meet Landlord for a joint inspection of the Premises. In the event of Tenant's failure to arrange such joint inspection to be held prior to vacating the Premises, Landlord's inspection at or after Tenant's vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and restoration.
26.2 At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will surrender peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Tenant may, and at Landlord's request shall, at Tenant's sole cost, remove upon termination of this Lease, any and all furniture, furnishings, movable partitions of less than full height from floor to ceiling, trade fixtures and other property installed by Tenant, title to which shall not be in or pass automatically to Landlord upon such termination, repairing all damage cause by such removal. Property not so removed shall, unless requested to be removed, be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of sale. All other alterations, additions and improvements in, on or to the Premises to Landlord at shall be dealt with and disposed of as provided in Article 6.
26.3 All obligations of Tenant under this Lease not fully preformed as of the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such the Term shall survive the expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office termination of the Building, or as Term. In the event that Tenant's failure to perform prevents Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from releasing the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor shall continue to pay rent pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at provisions of Article 14 until such performance is complete. Upon the expiration or sooner earlier termination of the Term, Tenant shall pay to either remove from Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant's obligation for unpaid amounts due or Property to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or leave at with any excess to be returned to Tenant after all such obligations have been DES/BB Initial determined and satisfied. Any otherwise unused Security Deposit shall be credited against the Premises or Property, any Tenant’s Improvements and Alterations installed amount payable by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of under this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Samples: Lease (Sk Technologies Corp)
Surrender of Premises. Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all At the end of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements Term or any Alterations, renewal thereof or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval other sooner termination of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination will peaceably deliver to Landlord possession of the TermPremises, together with all improvements or additions upon or belonging to either remove from Landlord, by whomsoever made, in the Premises same condition as received, or Property or leave at first installed, subject to the Premises or Propertyterms of Sections 23 and 36, any Tenant’s Improvements subject to Normal Wear and Alterations installed by or on behalf Tear and the rights and obligation of Tenant at concerning casualty damage pursuant to Section 22, damage by fire, earthquake, Act of God, or the Propertyelements alone excepted, and subject to any items which are the obligation of Landlord to repair or replace pursuant to the terms of this Lease (provided, however, Landlord shall be entitled to charge Tenant for such repairs and replacements to the extent provided in Section 3). Tenant shall, at Tenant’s sole election, so long as cost upon the floor, wall and ceiling surfaces expiration of the Premises are left finished Term or sooner termination of this Lease, remove all trade fixtures, equipment, IT/cabling, movable furniture, furniture partitions, furnishings, or other personal property belonging to Tenant and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject Property not so removed shall be deemed abandoned by Tenant, and title to the terms same shall thereupon, at Landlord’s option, pass to Landlord. Upon request by Landlord, but only if Landlord is entitled to require such removal pursuant to the provisions of Section 13.106, Tenant shall remove, at Tenant’s sole cost, any or all Alterations to the Premises installed by or at the expense of Tenant and all movable furniture and equipment belonging to Tenant which may be left by Tenant and repair any damage resulting from such removal. Tenant’s Work up to the amount of Tenant Allowance shall become the property of Tenant not removed Landlord upon the lien free completion of Tenant’s Work, and the balance of Tenant’s Work shall be surrendered to and become the property of Landlord on the Expiration Date or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon sooner termination of this Lease.
(b) The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and to cause its transportation and storage for Tenant’s benefitshall, all at the sole cost and risk option of Tenant. Landlord will not be liable for damageLandlord, theftterminate all or any existing subleases or subtenancies, misappropriation or loss thereof may, at the option of Landlord, operate as an assignment to it of any or in any manner in respect theretoall such subleases or subtenancies.
Appears in 1 contract
Samples: Lease Agreement (Synopsys Inc)
Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant will shall surrender the Premises to Landlord at (a) in good condition and repair (damage by acts of God, casualty, condemnation, Hazardous Materials not stored, used, released or disposed of by Tenant or any Tenant Representative in accordance with applicable Laws, 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 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, or any damage or deterioration due to or associated with unusually heavy floor loads or other unusual occupancy factors. On or before the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time shall remove (ai) all of Tenant’s personal property Property (defined below) and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove signage from the Premises and/or Property; it being agreed thatand other portions of the Project, other (ii) any Alterations Landlord may, by notice to Tenant given not later than ninety (90) days prior to the items described Expiration Date (except in clauses (athe event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required) through (d) above or as expressly provided to Alterations made without Landlord’s consent, and if requested by Tenant in writing at the time Tenant requests Landlord’s consent to any Alterations requiring Landlord’s consent, by notice given to Tenant at the time Landlord consents to such Alterations, require Tenant, at Tenant’s expense, to remove, and Tenant shall repair any damage caused by all of such removal activities. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have not be obligated to remove the rightinitial Tenant Improvements constructed pursuant to Exhibit B to this Lease Agreement, unless required in writing by Landlord at the expiration time Landlord approves such Tenant Improvements. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or sooner termination caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Term, to either remove from the Premises or Property or leave at below the Premises or Propertyfloor of the Premises), any inventories, goods and personal property of Tenant. Any of Tenant’s Improvements Property not so removed by Tenant as required herein shall be deemed abandoned and Alterations installed may, after five (5) days’ notice from Landlord, be stored, removed, and disposed of by or on behalf 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 at shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. Notwithstanding anything to the Propertycontrary contained herein, Tenant shall, prior to the expiration of this Lease, at Tenant’s sole electionexpense and in compliance with the National Electric Code and other applicable Laws, so long as remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the floorbenefit of Tenant in or around the Premises (collectively, wall and ceiling surfaces the “Cabling”); provided, however, Tenant shall not remove such Cabling if Tenant receives a written notice from Landlord at least forty- five (45) days prior to the expiration of the Premises are left finished and enclosed. Subject Lease authorizing such Cabling to Section 10.3.2remain in place, Tenant will promptly repair any damage to in which event the Cabling shall be surrendered with the Premises caused by such removalupon the expiration or earlier termination of this Lease. Subject In the event that Landlord does not so authorize the Cabling to remain in place and Tenant fails to remove the terms of Section 13.10, all property of Tenant not removed Cabling on or before the last day expiration or earlier termination of this Lease, Landlord may remove the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2Cabling, in which event such property may case Tenant shall pay Landlord for the actual cost incurred by Landlord therefor, (together with a three percent (3%) supervision/administration fee) within thirty (30) days after being billed for the same. All Alterations except those which Landlord requires Tenant to remove; shall remain in the Premises subject to as the terms property of said month-to-month leaseLandlord. Landlord may remove any such abandoned property from If the Premises upon are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with this Section 10 and Section 27 below, Tenant shall continue to cause its transportation be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and storage for Tenant’s benefithold the Indemnitees (hereafter defined) harmless from and against any and all Claims (defined below) (x) arising from any delay by Tenant in so surrendering the Premises including, all at without limitation, any Claims made against Landlord by any succeeding tenant or prospective tenant founded on or resulting from such delay and (y) suffered by Landlord due to lost opportunities to lease any portion of the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation Premises to any such succeeding tenant or loss thereof or in any manner in respect theretoprospective tenant.
Appears in 1 contract
Samples: Lease Agreement (Proofpoint Inc)
Surrender of Premises. Notwithstanding anything to the contrary in this Lease, County can elect at any time prior to the Expiration Date or within five (5) days after termination of this Lease, to require Tenant will surrender to remove, at Tenant’s sole expense, all or part of the Tenant Alterations or other improvements or equipment constructed or installed by or at the expense of Tenant. Tenant shall promptly remove such items and shall repair or restore, at no cost to the County, any damage to the Premises or the Property resulting from such removal, or if Tenant fails to repair or restore, Landlord may do so, at Tenant’s expense. Tenant’s obligations under this Section shall survive the expiration Expiration Date or earlier other termination of this Lease. Any items of Tenant’s Personal Property remaining in the Premises after the Expiration Date or sooner termination of this Lease may, at County’s option, be deemed abandoned and disposed of in broom clean condition and repair, consistent accordance with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” conditionSection 1980 et seq. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, California Civil Code or as Landlord in any other manner allowed by law. Upon the Expiration Date or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval other termination of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in Term of this Lease, Tenant shall have peaceably quit and surrender to County the rightPremises, at together with all Alterations, in good order and condition, except for normal wear and tear after Tenant having made the expiration or sooner termination of the Termlast necessary repair required on its part under this Lease, to either remove from the Premises or Property or leave at the Premises or Property, and further except for any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces portion of the Premises are left finished condemned and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to and destruction for which Tenant is not responsible hereunder. The Premises shall be surrendered free and clear of all liens and encumbrances other than liens and encumbrances existing as of the Premises caused date of this Lease and any other encumbrances created by such removalCounty. Subject to the terms of Section 13.10, all property of Tenant not removed on or Immediately before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon Expiration Date or other termination of this Lease, Tenant shall remove all of Tenant’s Personal Property as provided in this Lease and any Alterations that County elects to have removed as set forth hereinabove, and shall repair and restore any damage resulting from the removal. If such removal, repair and restoration is not completed at the expiration or other termination of this Lease, Landlord may make the same at Tenant’s expense. Concurrently with the surrender of the Premises, Tenant shall, if requested by County, execute, acknowledge and deliver to County a quitclaim deed to the Premises and any other instrument reasonably requested by County to evidence or otherwise effect the termination of Tenant’s leasehold estate hereunder and to cause its transportation and storage for Tenant’s benefit, all at effect such transfer or vesting of title to the sole cost and risk Tenant Improvements or other improvements or equipment which remain part of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretothe Premises.
Appears in 1 contract
Samples: Ground Lease
Surrender of Premises. 26.1 Provided Landlord so requests, Tenant will surrender 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. In the event of Tenant’s failure to arrange such joint inspections and/or participate in either such inspection, Landlord’s inspection at or after Tenant’s vacating the Premises to Landlord at the expiration or earlier termination shall be conclusively deemed correct for purposes of this Lease in broom clean condition and repair, consistent with determining Tenant’s maintenance obligations under this Leaseresponsibility for repairs and restoration.
26.2 All alterations, reasonable wear and tear, acts of Landlord, damage by casualty or Taking exceptedadditions, and otherwise in its then “as-is” condition. Tenant willimprovements in, upon such expiration on, or earlier termination, surrender all keys to the Premises to Property Manager made or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, including, without limitation, carpeting (collectively, “Alterations”), shall be and (d) those Non-Standard Alterations installed by remain the property of Tenant that Landlord required be removed concurrently with Landlord’s approval of during the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at Term. Upon the expiration or sooner termination of the Term, all Alterations shall become a part of the realty and shall belong to either remove from Landlord without compensation, and title shall pass to Landlord under this Lease as by a xxxx of sale. In no event shall Tenant’s furniture, equipment, personal property or trade fixtures be deemed Alterations. At the Premises end of the Term or Property any renewal of the Term or leave other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all Alterations by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at the Premises or Propertytime Tenant requests Landlord’s consent with respect to the installation of the same, Tenant shall, at Tenant’s sole cost, remove any Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal. Tenant shall have no obligation to remove Landlord’s Work. Tenant must, at Tenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s Improvements furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and Alterations other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personally”). Personally not so removed shall be deemed abandoned by the Tenant at and title to the Propertysame shall thereupon pass to Landlord under this Lease as by a xxxx of sale, at Tenant’s sole electionbut Tenant shall remain responsible for the cost of removal and disposal of such Personally, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair well as any damage to the Premises caused by such removal. Subject to the terms .
26.3 All obligations of Section 13.10Tenant, all property and obligations of Tenant under Section 26.2 of this Lease not removed on fully performed as of the expiration or before the last day earlier termination of the Term is deemed abandoned, unless Tenant is then in occupancy shall survive the expiration or earlier termination of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoTerm.
Appears in 1 contract
Surrender of Premises. 26.1 Tenant shall, at least thirty (30) days before the last day of the Term, arrange to meet Landlord for a joint inspection of the Premises. In the event of tenants failure to arrange such joint inspection to be held prior to vacating the Premises, Landlord's inspection at or after Tenant's vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and restoration.
26.2 At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will surrender peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Tenant may, and at Landlord's request shall, at Tenants sole cost remove upon termination of this Lease, any and all furniture, furnishings, movable partitions of less than full height from floor to ceiling, trade fixtures and other property installed by Tenant, title to which shall not be in or pass automatically to Landlord upon such termination, repairing all damage caused by such removal. Property not so removed shall, unless requested to be removed, be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of sale. All other alterations, additions and improvements in, on or to the Premises shall be dealt with and disposed of as provided in Article 6. Notwithstanding any terms in this Lease to Landlord at the contrary, Tenant shall not be obligated to remove any alterations, additions, improvements or utility installations that were installed in the Premises prior to the Commencement Date.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such the Term shall survive the expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term. In the event that tenants failure to perform in any material respect prevents Landlord from releasing the Premises, Tenant shall continue to either remove from pay rent pursuant to the provisions of Article 14 until such performance is complete. Upon the expiration or earlier termination of the Ten-n, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant's obligation for unpaid amounts due or Property or leave at the Premises or Property, any Tenant’s Improvements to become due to Landlord. All such amounts shall be used and Alterations installed held by or on behalf Landlord for payment of such obligations of Tenant at the Propertywith Tenant being liable for any additional costs upon demand by Landlord, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject or with any excess to Section 10.3.2, be returned to Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day within thirty (30) days following expiration of the Term is deemed abandoned, unless Tenant is then in occupancy and tenants vacation of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in Premises. Any otherwise unused Security Deposit shall be credited against the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of amount payable by Tenant under this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Surrender of Premises. 26.1 Tenant will surrender shall arrange to meet Landlord for two (2) joint inspections of the Premises as set forth in Exhibit E, the first to Landlord occur at least thirty (30) days (but no more than sixty (60) days) before the expiration or earlier termination last day of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking exceptedthe Term, and otherwise the second to occur not later than forty-eight (48) hours after Tenant has vacated the Premises, as set forth in its then “as-is” conditionExhibit E attached hereto and incorporated herein. Tenant willIn the event of Tenant's failure to arrange such joint inspections, upon if not due to Landlord's inability or uncooperation, and/or participate in either such expiration inspection, Landlord's inspection at or earlier terminationafter Tenant's vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and restoration.
26.2 All alterations, surrender all keys additions, and improvements in, on, or to the Premises to Property Manager made or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, including carpeting (collectively, "Alterations"), shall be and (d) those Non-Standard Alterations installed by remain the property of Tenant that Landlord required be removed concurrently with Landlord’s approval of during the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at Term. Upon the expiration or sooner termination of the Term, all Alterations shall become a part of the realty and shall belong to either remove from Landlord without compensation, and title shall pass to Landlord under this Lease as by a bill of sale. At the Premises end of the Term or Property any renewal of the Term or leave at otxxx sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises Premises, together with all Alterations by whomsoever made, in the same conditions received or Propertyfirst installed, any Tenant’s Improvements broom clean and Alterations installed free of all debris, excepting only ordinary wear and tear and damage by fire or on behalf of other casualty. Notwithstanding the foregoing, if Landlord reasonably elects by notice given to Tenant at least ten (10) days prior to expiration of the PropertyTerm, Tenant shall, at Tenant’s 's sole electioncost, remove any Alterations, including carpeting, so long as the floordesignated by Landlord's notice, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10Tenant must, all property of Tenant not removed on or before the last day of the Term is deemed abandonedat Tenant's sole cost, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, any and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant's furniture, furnishings, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property (collectively, "Personalty"). Personalty not so removed shall be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord will under this Lease as by a bill of sale, but Tenant shall remain responsible for the cost of remxxxx and disposal of such Personalty, as well as any damage caused by such removal. In lieu of requiring Tenant to remove Alterations and Personalty and repair the Premises as aforesaid, Landlord may, by written notice to Landlord delivered at least thirty (30) days before the Termination Date, require Tenant to pay to Landlord, as additional rent hereunder, the cost of such removal and repair in an amount reasonably estimated by Landlord.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant's obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for damageany additional costs upon demand by Landlord, theft, misappropriation or loss thereof or in with any manner in respect theretoexcess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease.
Appears in 1 contract
Samples: Lease (Home Interiors & Gifts Inc)
Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant will shall quietly and peacefully surrender the Premises to Landlord at in the expiration condition specified in Article 9 above. On or before the Expiration Date or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear Tenant shall remove all of its personal property from the Premises and tear, acts of Landlord, repair at its cost and expense all damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the BuildingBuilding caused by such removal. In addition, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) at its cost and expense, shall remove all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused by such removal as follows: (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 (dii) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval in the case of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in earlier termination of this Lease, Tenant shall have 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 rightproperty of Landlord (without payment by Landlord), at the expiration or sooner termination of the Termand shall be surrendered in good condition and working order, to either remove from the Premises or Property or leave at the Premises or Propertylien free, any Tenant’s Improvements and Alterations installed properly labeled with an identification system reasonably approved by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosedLandlord. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all All personal property of Tenant not removed on hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or before the last day damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or same in any manner in respect theretopermitted by law.
Appears in 1 contract
Samples: Office Lease (Jamba, Inc.)
Surrender of Premises. Tenant will surrender Upon the Premises to Landlord at the expiration or earlier termination of this Lease Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in broom clean writing, that Landlord will require Tenant not to remove, to Landlord in good condition and repairrepair (including, consistent with Tenant’s but not limited to, replacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and tear. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease, reasonable wear and tear, acts . Upon such termination of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have remove all the rightPermitted Improvements (to the extent Landlord has notified Tenant in writing, at the expiration time set forth in Section 10.1, that it will require such removal), tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing, that Tenant not remove some or sooner termination all of the Termsuch fixtures (other than trade fixtures), to either remove from the Premises additions or Property or leave at the Premises or Propertyimprovements installed by, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at or situated in or about the Property, at Tenant’s sole election, so long as Premises. By the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject date which is twenty (20) days prior to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures ) and the Permitted Improvements), alterations, additions and other improvements which Landlord shall require Tenant not to cause its transportation remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and storage for Tenant’s benefitimprovements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, then Tenant shall remove all at tenant signage, alterations, furniture, furnishings, trade fixtures, additions and other improvements (other than the sole cost and risk Tenant Improvements) installed in or about the Premises by, or on behalf of Tenant. Landlord Tenant shall ensure that the removal of such items and the repair of the Premises will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretocompleted prior to such termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Homegrocer Com Inc)
Surrender of Premises. Upon termination or earlier expiration of this Lease, or upon the exercise by Landlord or Landlord's right to re-enter the Premises without terminating this Lease, Tenant will surrender deliver the Premises to Landlord in a condition comparable to the condition existing on the Commencement Date, ordinary wear, tear and obsolescence only excepted. Tenant will deliver to Landlord all keys for the Premises and combinations to safes located in the Premises. Tenant will, at Landlord's option, remove, or cause to be removed, from the Premises or the Building, at Tenant's expense and as of Expiration Date or earlier termination of this Lease, all signs, notices, displays, millwork, non-movable trade fixtures, or, subject to Section 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 patching and painting the walls where reasonably required by Landlord. Tenant's obligations under this Section 8.2 will survive the expiration or earlier termination of this Lease. If Tenant fails to remove any item of property permitted or required to be removed at the expiration or earlier termination of this Lease in broom clean condition and repairthe Term, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking exceptedmay, and otherwise in its then “as-is” condition. Tenant willat Landlord's option, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon at the expense of Tenant and sell or dispose of same in such manner as Landlord deems advisable, or (b) place such property in storage at the expense of Tenant. Any property of Tenant remaining in the Premises ten (10) days after the Expiration Date or earlier termination of this LeaseLease will be deemed to have been abandoned by Tenant, and in such case such items may be retained by Landlord as Landlord's property or disposed of by Landlord without accountability to cause its transportation and storage for Tenant’s benefit, all in such manner as Landlord determines, at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto's expense.
Appears in 1 contract
Samples: Office Lease (Royal Financial Corp)
Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant will shall surrender the Premises to Landlord at (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with 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, or any damage or deterioration due to or associated with prolonged hours regularly exceeding twelve (12) hours per day, non-office use other than light manufacturing, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors. On or before the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time shall remove (ai) all of Tenant’s Property (defined below) and Tenant’s signage from the Premises and other portions of the Project, (ii) any Alterations Landlord may, by notice to Tenant given at the time of approval thereof, if Tenant requested at such time that Landlord indicate whether removal would be required or, if Tenant failed to make such request, then given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant’s expense, to remove, and (iii) the Removable TIs, to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the “Removable TIs”), and Tenant shall repair any damage caused by all of such removal activities. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), inventories, goods and personal property of Tenant. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and trade fixtures 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 storing and disposing of such abandoned property of Tenant. Landlord may elect to take responsibility to remove any such wiring or cabling installed above the ceiling or beneath the floors of the Premises, in which case Tenant shall pay Landlord for the actual cost incurred by Landlord therefor, (btogether with a five percent (5%) all cabling supervision/administration fee) within thirty (30) days after being billed for the same. All Tenant Improvements and Alterations except those which was placed Landlord requires Tenant to remove, shall remain in the Premises as part the property of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from . If the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, are not surrendered at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon or earlier termination of this Lease, and in accordance with this Section 10 and Section 27 below, Tenant shall continue to cause its transportation be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and storage for hold the Indemnitees (hereafter defined) harmless from and against any and all Claims (defined below) (x) arising from any delay by Tenant in so surrendering the Premises including, without limitation, any Claims made against Landlord by any succeeding tenant or prospective tenant founded on or resulting from such delay and (y) suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant. Notwithstanding anything to the contrary herein, Tenant shall, within twenty-four (24) hours after the expiration of this Lease, at Tenant’s benefitexpense and in compliance with the National Electric Code and other applicable laws, remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the exclusive benefit of Tenant in or around the Premises (collectively, the “Cabling”); provided, however, that Tenant shall not remove such Cabling if Tenant receives a written notice from Landlord at least fifteen (15) days prior to the sole cost and risk expiration of Tenant. Landlord will not the Lease authorizing such Cabling to remain in place, in which event the Cabling shall be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretosurrendered with the Premises upon the expiration of this Lease.
Appears in 1 contract
Surrender of Premises. Tenant will On the last day of the term of this Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom good broom-clean condition and repair, repair consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” conditionLessee's duty to make repairs as herein provided. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on On or before the last day of the Term is term of this Lease, or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed shall be deemed abandoned, unless Tenant is then in occupancy . Lessee hereby appoints Lessor its agent to remove all property of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property Lessee from the Premises upon termination of this Lease, Lease and to cause its transportation and storage for Tenant’s Lessee's benefit, all at the sole cost and risk of Tenant. Landlord will Lessee, and Lessor shall not be liable for damage, theft, misappropriation or loss thereof or and Lessor shall not be liable in any manner in respect thereto.thereto unless caused by the gross negligence or willful misconduct of Lessor or its agents or employees. Lessee shall pay all costs and expenses of such removal, transportation and storage. 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 made or installed by either Lessor or Lessee upon the Premises shall remain the property of Lessor and shall be surrendered with the Premises as a part thereof, unless Lessee is required to remove same pursuant to the provisions of Article VIII hereof. If the Premises are not surrendered at the end of the term or sooner termination thereof, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, claims made by any succeeding tenants founded on such delay and any attorneys' fees resulting therefrom. 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. In the event Lessee remains in possession of the Premises after expiration of this Lease and without the execution of a new lease, but with Lessor's written consent, Lessee shall be deemed to be occupying the Premises as a tenant from month-to-month, subject
Appears in 1 contract
Samples: Lease (Vanstar Corp)
Surrender of Premises. Tenant will On the last day of the term of this Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean good condition and repair, repair consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” conditionLessee's duty to make repairs as herein provided. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on On or before the last day of the Term is term of this Lease, or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed shall be deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant . Lessee hereby appoints Lessor its agent to a month-to-month lease as described in Section 16.2, in which event such remove all property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property or Lessee from the Premises upon termination of this Lease, Lease and to cause its transportation and storage for Tenant’s Lessee's benefit, all at the sole cost and risk of Tenant. Landlord will Lessee, and Lessor shall not be liable for damage, theft, misappropriation or loss thereof or and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all costs and expenses of such removal, transportation and storage. 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 made or installed by either Lessor or Lessee upon the Premises shall remain the property of Lessor and shall be surrendered with the Premises as a part thereof, unless Lessee is required to remove same pursuant to the provisions of Article VIII hereof. If the Premises are not surrendered at the end of the term or sooner termination thereof, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, claims made by any succeeding tenants founded on such delay and any attorneys' fees resulting therefrom. 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. In the event Lessee remains in possession of the Premises after expiration of this lease and without the execution of a new lease, but with Lessor's written consent, Lessee shall be deemed to be occupying the Premises as a tenant from month-to-month, subject to all the provisions, conditions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy, except that the Base Rent shall be escalated to Lessor's then current base rent for the Premises according to Lessor's then current rental rate schedule for prospective tenants. In the event Lessee remains in possession of the Premises after expiration of this Lease and without the execution of a new lease and without Lessor's written consent, Lessee shall be deemed to be occupying the Premises without claim of right and Lessee shall pay Lessor for all costs arising out of loss or liability resulting from delay by Lessee in so surrendering the Premises as above provided and shall pay a charge for each day of occupancy in an amount equal to the greater of (i) double the Base Rent and Additional Rent (on a daily basis) then currently being charged by Lessor on new leases in the Office Complex for space similar to the Premises, or (ii) double the Base Rent and Additional Rent (on a daily basis) payable by Lessee under this Lease immediately prior the expiration of this Lease.
Appears in 1 contract
Surrender of Premises. Tenant will surrender the Premises to Landlord at Upon the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, Tenant shall peaceably surrender the Premises to Landlord broom-clean and in the same condition as on the date Tenant took possession (a) except for reasonable wear and tear, acts loss by fire or other casualty and loss by condemnation, the presence of LandlordHazardous Materials (other than those released or emitted by Tenant or any Tenant Related Party) and repairs for which Tenant is not responsible under this Lease; and (b) with all removal, damage restoration and/or repairs required pursuant to Section 11.3 above and this Article 24 completed. Tenant’s Property shall be and shall remain the property of Tenant and may be removed by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to at any time during the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaultsTerm; provided that, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all any of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this LeaseProperty is removed, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises or to the Building resulting from such removal. If Tenant abandons or surrenders the Premises or is dispossessed by process of law or otherwise, any of Tenant’s Property left on the Premises shall be stored and/or disposed of in accordance with Section 1980 et seq. of the California Civil Code, or any similar Laws now or hereafter in effect. 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 the Building caused by such removal, shall be paid by Tenant. Subject On the Expiration Date, Tenant shall surrender all keys, parking cards and other means of entry to the terms of Section 13.10Premises, all property of Tenant not removed on or before the last day Building and the Project, and shall inform Landlord of the Term combinations and access codes for any locks and safes located in the Premises. It is deemed abandonedspecifically 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 Tenant is then Landlord has specifically requested in occupancy of writing that the Telecom Wiring shall remain, whereupon the Telecom Wiring shall be surrendered with the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for TenantLandlord’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoproperty.
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Surrender of Premises. 26.1 Landlord shall, at least thirty (30) days before the last day of the Term, arrange to meet Tenant for a joint inspection of the Premises.
26.2 At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will surrender peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, whether in the Premises or in, on or to the Building, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Tenant may, and at Landlord’s request shall, at Tenant’s sole cost, remove upon termination of this Lease, any and all furniture, furnishings, movable partitions, trade fixtures and other property installed by Tenant, including, but not limited to, raised flooring, conduits, cabling, condensers, dry coolers, generators, pull boxes, junction boxes, supplemental HVAC units, electrical equipment, fire suppression systems, etc., title to which shall not be in or pass automatically to Landlord at upon such termination, repairing all damage caused by such removal. Property not so removed shall, unless requested to be removed, be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a xxxx of sale. All other alterations, additions and improvements in, on or to the Premises shall be dealt with and disposed of as provided in Article 6 hereof
26.3 All obligations of Landlord and Tenant under this Lease not fully performed as of the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such the Term shall survive the expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
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Samples: Lease (Neutral Tandem Inc)
Surrender of Premises. Tenant will surrender Section 26.01. At the Premises to Landlord at end of the expiration term or earlier any renewal thereof or other sooner termination of this Lease Lease, the Tenant shall peaceably deliver up to the Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in broom clean the same condition as received by Tenant on the Term Commencement Date, or first installed by Tenant on or after the Term Commencement Date, ordinary wear and repairtear and damage by fire, consistent with Tenant’s maintenance obligations earthquake, act of God or the elements alone excepted. Providing Tenant is not in default under the terms of this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant willmay, upon such expiration or earlier terminationthe termination of this Lease, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in immediately before the Premises as part termination of Tenant’s Improvements or any Alterationsthe term, or otherwise its trade fixtures and movable personal property installed by Tenant, (c) all Exterior at Tenant's sole cost, title to which shall be in Tenant Signageuntil such termination, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment repairing any and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises and the Building caused by such removal. Subject Property not so removed shall be deemed abandoned by the Tenant and Landlord shall proceed in accordance with the provisions of the California Civil Code with respect to such abandoned property. Upon request by Landlord, Tenant shall remove any or all improvements, alterations or additions to the terms Premises installed by Tenant from and after the Term Commencement Date at Tenant's sole cost, the removal of Section 13.10which Landlord required as a condition of its consent thereto, and all property of movable partitions, counters, and other trade fixtures which may be left by Tenant not removed on or before and repair any and all damage to the last day structure of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event Building resulting from such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoremoval.
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Samples: Lease (Magma Design Automation Inc)
Surrender of Premises. Tenant will surrender the Premises to Landlord at Upon the expiration or earlier termination of this Lease the Term, Tenant shall peaceably quit and surrender to Landlord the Premises in broom clean the condition in which the same are required to be kept pursuant to Section 9.2, together with the Initial Work and repairall Alterations (except as hereinafter provided), consistent with Tenant’s maintenance obligations excepting only ordinary wear and use and damage by fire or other casualty for which, under other provisions of this Lease, reasonable wear and tear, acts of Landlord, damage by casualty Tenant has no responsibility to repair or Taking excepted, and otherwise in its then “as-is” conditionrestore. Tenant will, upon Upon such expiration or earlier terminationtermination of the Term, surrender all keys to Tenant shall remove from the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (ai) all of Tenant’s personal property and trade fixtures from the PremisesRemovable Property, (bii) to the extent specified by Landlord at the time of their installation, all cabling which was placed in the Initial Work and Alterations and all partitions wholly within the Premises as part of unless installed initially by Landlord in preparing the Premises for Tenant’s Improvements occupancy; and shall repair any damages to the Premises or any Alterations, or otherwise the Building caused by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenantsuch removal, and (diii) those Non-Standard Alterations all telecommunications lines and cabling installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of within the plans therefor pursuant Premises or elsewhere in the Building to Section 8.3, and (e) any other the extent exclusively serving the Premises. Any Tenant’s Improvements and Alterations Removable Property which Tenant, shall remain in its sole discretion, elects to remove from the Building or on the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at after the expiration or sooner earlier termination of the TermTerm shall be deemed conclusively to have been abandoned, to and either remove from the Premises may be retained by Landlord as its property or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf may be disposed of Tenant at the Propertyin such manner as Landlord may see fit, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect theretoexpense.
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Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant will shall quietly and peacefully surrender the Premises to Landlord at in the expiration 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 and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear Tenant, at its cost and tearexpense, acts shall remove all of Landlord, its personal property from the Premises and repair all damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the BuildingProject caused by such removal. In addition, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) at its cost and expense, shall remove all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused by such removal as follows: (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 ninety (90) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (dii) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval in the case of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in earlier termination of this Lease, Tenant shall have 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 rightproperty of Landlord (without payment by Landlord), at the expiration or sooner termination of the Termlien free, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed properly labeled with an identification system reasonably approved by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosedLandlord. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all All personal property of Tenant not removed on hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or before the last day damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or same in any manner in respect theretopermitted by law.
Appears in 1 contract
Samples: Lease Agreement (Eventbrite, Inc.)
Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant will shall quietly and peacefully surrender the Premises to Landlord at in the expiration 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 and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear Tenant, at its cost and tearexpense, acts shall remove all of Landlord, its personal property from the Premises and repair all damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the BuildingProject caused by such removal. In addition, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) at its cost and expense, shall remove all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators Lines installed by or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused by such removal as follows: (i) in the case of the expiration of the Lease 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 (dii) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval in the case of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in earlier termination of this Lease, Tenant shall have 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 rightproperty of Landlord (without payment by Landlord), at the expiration or sooner termination of the Termand shall be surrendered in good condition and working order, to either remove from the Premises or Property or leave at the Premises or Propertylien free, any Tenant’s Improvements and Alterations installed properly labeled with an identification system reasonably approved by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosedLandlord. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all All personal property of Tenant not removed on hereunder shall be deemed, at Landlord's option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or before the last day damage thereto or loss of use thereof, store such property in Tenant's name at Tenant's expense and/or dispose of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or same in any manner in respect theretopermitted by law.
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Surrender of Premises. Tenant will This Lease shall terminate at the end of the Initial Term hereof, or any Extension Term hereof, and TENANT hereby waives notice to vacate the Leased Premises and agrees that LANDLORD shall be entitled to the benefit of all provisions of law respecting the summary recovery of possession of premises from a tenant holding over to the same extent as if statutory notice had been given. For the period of six (6) months prior to the expiration of the Initial Term or any Extension Term (provided the option for the next Extension Term has not been exercised), LANDLORD shall have the right to display on the exterior of the Leased Premises in any window or doorway thereof, the customary sign "For Rent" and during such period LANDLORD may show the Leased Premises and all parts thereof to prospective tenants during normal business hours. On the last day of the term, as the same may be extended, or on the sooner termination thereof, TENANT shall peaceably surrender the Leased Premises in good order, condition and repair, broom clean, fire and other unavoidable casualty and reasonable wear and tear only excepted. TENANT shall, at is expense, remove its trade fixtures, equipment, and signs from the Leased Premises and any property not removed on the last day of the term shall be deemed abandoned. Any abandoned fixtures or property of TENANT may be removed by LANDLORD, the cost of which shall be charged to Landlord TENANT as additional rent. Any damages caused by TENANT in the removal of such items shall be repaired at the TENANT'S expense. All alterations, additions, improvements and fixtures (other than TENANT'S signs, trade fixtures, and equipment) which shall have been made or installed by either LANDLORD or TENANT upon the Leased Premises and all hard surface bonded or adhesively affixed flooring, shall remain upon and be surrendered with Leased Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or earlier termination of this Lease and shall then become property of LANDLORD. If the Leased Premises be not so surrendered, TENANT shall indemnify LANDLORD against loss, liability or expense resulting from delay by TENANT in broom clean so surrendering the Leased Premises, or failure to leave the Leased Premises in the condition and repairrequired hereunder including, consistent with Tenant’s maintenance obligations under this Leasebut not limited to, reasonable wear and tear, acts of Landlord, damage claims made by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, any succeeding tenant founded upon such expiration or earlier termination, delay. TENANT shall promptly surrender all keys to the Leased Premises to Property Manager or to Landlord LANDLORD at the office place then fixed for payment of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also rent and shall inform Landlord LANDLORD of all combinations on locks, any locks and safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Leased Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Surrender of Premises. 26.1 Tenant will surrender agrees to 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. In the event of Tenant’s failure to participate in either such inspection, Landlord’s inspection at or after Tenant’s vacating the Premises to Landlord at the expiration or earlier termination shall be conclusively deemed correct for purposes of this Lease in broom clean condition and repair, consistent with determining Tenant’s maintenance obligations under this Leaseresponsibility for repairs and restoration.
26.2 All alterations, reasonable wear and tear, acts of Landlord, damage by casualty or Taking exceptedadditions, and otherwise in its then “as-is” condition. Tenant willimprovements in, upon such expiration on, or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office which exist as of the Building, Lease Reference Date or as Landlord are made or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for TenantTenant after the Lease Reference Date, including, without limitation, carpeting (collectively, “Alterations”), shall be and (d) those Non-Standard Alterations installed by remain the property of Tenant that Landlord required be removed concurrently with Landlord’s approval of during the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at Term. Upon the expiration or sooner termination of the Term, all Alterations shall become a part of the realty and shall belong to either Landlord without compensation, and title shall pass to Landlord under this Lease as by a xxxx of sale. At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all Alterations by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, Tenant shall, at Tenant’s sole cost, complete all Pre-Existing Alterations Restoration Work (as defined below) and, if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, Tenant shall, at Tenant’s sole cost, remove from any Alterations made after the Premises or Property or leave Lease Reference Date [*], as defined below, so designated by Landlord’s notice, including all laboratory space build-out and Alterations, and repair any damage caused by such removal. Tenant must, at the Premises or PropertyTenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s Improvements furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and Alterations other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by the Tenant at and title to the Propertysame shall thereupon pass to Landlord under this Lease as by a xxxx of sale, at Tenant’s sole electionbut Tenant shall remain responsible for the cost of removal and disposal of such Personalty, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair well as any damage to the Premises caused by such removal. Subject “[*]. As part of Tenant’s restoration obligations, Tenant agrees to restore all areas of the terms of Section 13.10Premises shown in xxxx highlight on Exhibit F attached hereto and made a part hereof to a vanilla shell condition, all property including open space, with existing floors removed and restored to vanilla shell condition and ready for carpet, drop ceiling with ceiling grid, ceiling tiles, and sprinkler systems (sprinkler heads must be restored to standard office height), walls restored and ready for paint, and standard office lighting (together, the “Pre-Existing Alterations Restoration Work”).
26.3 All obligations of Tenant under this Lease not removed on fully performed as of the expiration or before the last day earlier termination of the Term is deemed abandoned, unless Tenant is then in occupancy shall survive the expiration or earlier termination of the Premises pursuant Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to a month-to-month lease Landlord the amount, as described in Section 16.2estimated by Landlord, in which event such property may remain in necessary to repair and restore the Premises subject as provided in this Lease and/or to discharge Tenant’s obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of amount payable by Tenant under this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Samples: Lease Agreement (Acell Inc)
Surrender of Premises. Tenant will On the last day of the term of this Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean good condition and repair, consistent with Tenant’s maintenance obligations under this Lease, repair (reasonable wear and tear, acts of Landlordas well as fire and casualty damage, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition). Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on On or before the last day of the Term is term of this Lease, or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed may at Lessor's option be deemed abandoned, unless Tenant is then in occupancy . Lessee hereby appoints Lessor its agent to remove all property of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property Lessee from the Premises upon termination of this Lease, Lease (if Lessee has failed to do so prior to termination) and to cause its transportation and storage for Tenant’s Lessee's benefit, all at the sole cost and risk of Tenant. Landlord will Lessee and Lessor shall not be liable for damage, theft, misappropriation or loss thereof or of and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all costs and expenses of such removal, transportation and storage. In the event Lessee fails to so remove all of its property, equipment, and trade fixtures, 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 alterations, additions and fixtures, other than Lessee's trade fixtures and equipment, which have been made or installed by either Lessor or Lessee upon the Premises, shall remain the property of Lessor and shall be surrendered with the Premises as a part thereof, subject to Article XVI hereof. If the Premises be not surrendered at the end of the term or sooner termination thereof, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, claims made by any succeeding Lessees founded on such delay and any attorneys' fees resulting therefrom. 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 combinations on any vaults, locks and safes left on the Premises. In the event Lessee remains in possession of the Premises after expiration of this Lease, and without the execution of a new lease, but with Lessor's written consent, it shall be deemed to be occupying the Premises as a Lessee from month-to-month, subject to all the provisions, conditions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy, except that the Base Rent shall be escalated to Lessor's then current rental rate schedule for prospective Lessees. In the event Lessee remains in possession of the Premises after expiration of this Lease and without the execution of a new lease and without Lessor's written consent, Lessee shall be deemed to be occupying the Premises without claim of right and Lessee shall pay Lessor for all costs arising out of loss or liability resulting from delay by Lessee in so surrendering the Premises as above provided and shall pay as a charge for each day of occupancy an amount equal to double the Base Rent and Additional Rent (on a daily basis) then currently being charged by Lessor on new leases in EastPark One for space similar to the Premises. Within that 30 days before Lessee's vacating the Premises, Lessor and Lessee will arrange a mutually agreeable time to make a joint inspection of the Premises for discovery of possible damages.
Appears in 1 contract
Samples: Gross Lease Agreement (Integrated Information Systems Inc)
Surrender of Premises. In accordance with the specifications and requirements set forth in Exhibit H and Article 8 Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean good order, condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Casualty (subject to Landlord, damage by casualty or ’s rights with respect to Tenant Damage) and Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, will surrender all keys to the Premises to Property Manager or to Landlord at the office place then fixed for Tenant’s payment of the Building, Basic Rent or as Landlord or Property Manager may otherwise directreasonably directs. Tenant will at such time remove all of Tenant’s Personal Property from the Property and, if Landlord so requires as permitted under this Lease, all specified Alterations that Tenant placed on the Property; provided, however, that in all cases, Tenant will be required to comply with the restoration requirements set forth in Exhibit H. Tenant will promptly repair any damage to the Premises or the Property caused by such removal. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which that Tenant has left in the Premises or on is allowed to leave at the Property. Tenant releases and, to the fullest extent allowable under the Laws, will at such time remove be liable for, and will indemnify, protect, defend (awith counsel reasonably acceptable to Landlord) all of and hold harmless Landlord from and against, any Claim resulting from Tenant’s personal property and trade fixtures failure or delay in surrendering the Premises in accordance with this Section 16.1 (except to the extent caused by or resulting from the Premiseswillful misconduct of any Landlord Party), (b) all cabling which was placed in including, without limitation, any Claim due to the Premises as part of Tenant’s Improvements or any Alterationsloss of, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Propertymade by, any Tenant’s Improvements and Alterations installed succeeding occupant founded on such delay (provided that Tenant is notified by or on behalf Landlord in writing of Tenant such succeeding occupant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosedleast 30 days in advance). Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all All property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any all such abandoned property from the Premises upon termination of this Lease, Property and to cause its transportation and storage for Tenant’s benefit, all in a public warehouse or elsewhere at the sole cost and risk for the account of Tenant, and if Tenant fails to pay the storage charges therefor Landlord may cause such property to be sold or otherwise disposed of without further obligation or any accounting to Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof of any such property or in any other manner in respect thereto.
Appears in 1 contract
Surrender of Premises. Tenant will surrender HOLDING OVER Upon expiration of the Premises to Landlord at term or the expiration or earlier termination of this Lease or of Tenant's right of possession, Tenant shall surrender to Landlord the Premises, all tenant improvements, and alterations (except alterations which Tenant has the right or obligation to remove) in broom clean good condition, except for ordinary wear and tear. Tenant shall remove all personal property including, without limitation, 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. Landlord can elect to retain or dispose of in any manner Tenant's personal proxxxxx not removed from the Premises by Tenant prior to the expiration of the term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or xxxxxsition of Tenant's personal property. Tenxxx xxall be liable to Landlord for Landlord's costs for storage, removal or disposal of Tenant's personal property. If Tenant fails to surrender the Pxxxxxxs upon the expiration of the term, or upon the termination of this Lease or of Tenant's right of possession, Tenant shall defend, indemnify and repairhold Landlord harmless from all resulting loss or liability. If Tenant, consistent with Tenant’s maintenance obligations under Landlord's consent, remains in xxxxxxxxon of the Premises after expiration of this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed possession by Tenant that Landlord required shall be removed concurrently with Landlord’s approval of the plans therefor pursuant deemed to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to be a month-to-month lease as described in Section 16.2tenancy terminable on written 30-day notice at any time, in which event such property may remain in the Premises subject by either party. All provisions of this Lease, except those pertaining to term and rent, shall apply to the terms of said month-to-month leasetenancy. Landlord may remove any such abandoned property from Tenant shall pay Base Monthly Rent in the Premises upon termination amount of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk $19,508.00 plus 100% of said last month's estimate of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto's share of Expenses pursxxxx xo Section 4.2.
27.1 MISCELLANEOUS PROVISIONS (1)
Appears in 1 contract
Samples: Industrial Lease (Percon Inc)
Surrender of Premises. Tenant will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all At the end of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements Term or any Alterations, renewal thereof or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval other sooner termination of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have will peaceably deliver to Landlord possession of the rightPremises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in substantially the same condition as received, or first installed, subject to the terms of Paragraphs 6, 21 and 40, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20. Tenant may, upon the termination of this Lease, remove all movable furniture, trade fixtures and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant, and title to the same shall thereupon pass to Landlord. Upon such expiration or sooner termination of the Term, to Tenant shall upon demand by Landlord, at Landlord’s election either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, (i) at Tenant’s sole electioncost and expense, so long as forthwith and with all due diligence remove any Alterations made by or for the flooraccount of Tenant, wall and ceiling surfaces of designated by Landlord to be removed (provided, however, that upon the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property written request of Tenant prior to installation of such Alterations, Landlord shall advise Tenant at that time whether or not such Alterations must be removed on upon the expiration or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon sooner termination of this Lease), and restore the Premises to cause its transportation original condition as of the Delivery Date, subject to the foregoing; or (ii) pay Landlord the reasonable estimated cost thereof.
(b) The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and storage for Tenant’s benefitshall, all at the sole cost and risk option of Tenant. Landlord will not be liable for damageLandlord, theftterminate all or any existing subleases or subtenancies, misappropriation or loss thereof may, at the option of Landlord, operate as an assignment to it of any or in any manner in respect theretoall such subleases or subtenancies.
Appears in 1 contract
Surrender of Premises. Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises to Landlord, together with any attached fixtures [other than the Tenant's Property (defined below), trade fixtures, and any furniture bolted for earthquake purposes which shall be deemed to be not attached to the Premises], additions and improvements which Tenant is not to remove pursuant to the provisions of Section 10.1 hereof, in good condition and repair (including, but not limited to, replacing all light bulbs and ballasts not in good working condition) and, notwithstanding anything to the contrary contained herein, unless otherwise notified by Landlord in writing in accordance with the provisions hereof, in the condition in which the Premises existed as of the Lease Date, except for reasonable wear and tear. Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise timely performing all of its obligations under this Lease. Upon such termination of this Lease, Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing, at the time set forth in Section 10.1, that it will require such removal, or it is deemed to be required to be removed), the Tenant's Property, all tenant signage, trade fixtures, non-attached fixtures, furniture, furnishings, personal property and, if Landlord has notified Tenant, in writing, that it will require such removal (or it is deemed to be required to be removed) such attached fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant (including without limitation, any items comprising the Tenant Improvements) or situated in or about the Premises. Tenant shall repair any and all damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. In addition to the foregoing, certain equipment of Tenant used in, on or about the Premises is listed in Exhibit I, attached hereto and made a part hereof (collectively, the "Tenant's Property"). Notwithstanding anything to the contrary contained herein, at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant shall remove from the Premises the Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition's Property. Tenant will, upon shall ensure that the removal of such items and the repair and restoration of the Premises will be completed prior to such expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in the Premises or on the Property. Tenant will at such time remove (a) all of Tenant’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the Term, to either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Surrender of Premises. 26.1 Tenant shall, at least thirty (30) days before the last day of the Term, arrange to meet Landlord for a joint inspection of the Premises. In the event of Tenant’s failure to arrange such joint inspection to be held prior to vacating the Premises, Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration.
26.2 At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will surrender peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Tenant may, and at Landlord’s request shall, at Tenant’s sole cost, remove upon termination of this Lease, any and all furniture, furnishings, movable partitions of less than full height from floor to ceiling, trade fixtures and other property installed by Tenant, title to which shall not be in or pass automatically to Landlord upon such termination, repairing all damage caused by such removal. Property not so removed shall, unless requested to be removed, be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a bxxx of sale. All other alterations, additions and improvements in, on or to the Premises to Landlord at shall be dealt with and disposed of as provided in Article 6 hereof.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant will, upon such the Term shall survive the expiration or earlier termination, surrender all keys to the Premises to Property Manager or to Landlord at the office termination of the Building, or as Landlord or Property Manager may otherwise directTerm. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has left in In the Premises or on the Property. Tenant will at such time remove (a) all of event that Tenant’s personal property and trade fixtures failure to perform prevents Landlord from releasing the Premises, (b) all cabling which was placed in the Premises as part of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant, and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor shall continue to pay rent pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and/or Property; it being agreed that, other than the items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at provisions of Article 14 until such performance is complete. Upon the expiration or sooner earlier termination of the Term, Tenant shall pay to either remove from Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises or Property or leave at the Premises or Property, any as provided in this Lease and/or to discharge Tenant’s Improvements obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and Alterations installed held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or on behalf of with any excess to be returned to Tenant at after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, amount payable by Tenant will promptly repair any damage to the Premises caused by such removal. Subject to the terms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event such property may remain in the Premises subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property from the Premises upon termination of under this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.
Appears in 1 contract
Samples: Lease (Manchester Mall Inc)