Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law.
Appears in 3 contracts
Samples: Agreement to Enter Into Lease and Purchase Option (PACIFIC GAS & ELECTRIC Co), Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)
Surrender of Premises. Upon At the Expiration Date expiration or earlier termination of this LeaseLease or Tenant’s right of possession hereunder, Tenant shall quietly remove all Required Removables (if any) under Section 8.03, remove all Tenant’s Property from the Premises, remove all signage installed by or on behalf of Tenant, and peacefully quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, reasonable wear and tear, taking by eminent domain, damage by Casualty and damage and elements of the Premises which Landlord in is obligated to repair hereunder excepted. Tenant shall repair any damage caused by the condition called for by this Lease, shall deliver installation or removal of Tenant’s Property or Required Removables or Tenant’s signage. If Tenant fails to Landlord remove any keys of Tenant’s Property or to restore or repair the Premises to the Premises, or any other portion required condition as provided herein upon the expiration of the ProjectTerm of this Lease (or, and shall provide to Landlord the combination or code of locks on all safesas applicable, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or within two (2) days after any earlier termination of this LeaseLease or Tenant’s right to possession hereunder), Tenantthen Landlord, at its Tenant’s sole cost and expense, shall be entitled, but not obligated, to remove all and store Tenant’s Property and/or perform such restoration or repair of its personal property the Premises. Landlord shall not be responsible for the value, preservation, or safekeeping of Tenant’s Property, and Tenant shall pay to Landlord, upon demand, the expenses and storage charges so incurred. If Tenant fails to remove Tenant’s Property from the Premises and repair all damage to the Project caused by such removal. In additionor storage, Tenant, at its cost and expense, shall remove all 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 Dateafter notice, that such Lines shall be surrendered with the Premises; and (ii) in the case Landlord may deem all or any part of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required Tenant’s Property to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedabandoned and, at Landlord’s option, subject to be abandoned by Tenant and Landlord mayapplicable Laws, without any liability title to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Property shall vest in Landlord or Landlord may dispose of Tenant’s expense and/or dispose of the same Property in any manner permitted by lawLandlord deems appropriate.
Appears in 3 contracts
Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Ikena Oncology, Inc.)
Surrender of Premises. Upon At the Expiration Date expiration or earlier sooner termination of this Leasethe Lease Term, Tenant shall quietly and peacefully surrender return the Premises to Landlord in the same condition called for in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by this LeaseXxxxxxxx), reasonable wear and tear excepted. Prior to such return, Tenant shall deliver to Landlord any keys remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, or any other portion of the Project, and shall provide to repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the combination expiration 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. Tenant shall indemnify Landlord for all damages and losses suffered as a result of Xxxxxx's failure to remove voice and data cables, Tenant, at its cost wiring and expense, communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall remove surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property from and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove Xxxxxx’s personal property and hold it for the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, or place the same in storage, all at its cost the expense and expense, risk of the Tenant. Tenant shall remove all Lines installed reimburse Landlord for any expense incurred by or for Tenant that are located within Landlord in connection with such removal and storage. Landlord shall have the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, includingright to sell such stored property, without limitation, the Building plenum, risers and all conduits, and repair all damage notice 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 after it has been stored for a period of thirty (30) days prior or more, the proceeds of such sale to be applied first, to the Expiration Datecost of sale; second, that such Lines to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be surrendered with paid to the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law.
Appears in 3 contracts
Samples: Concession Lease, Concession Lease, Concession Lease
Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, whether by lapse of time or otherwise, or upon the exercise by Landlord of the power to enter and repossess the Premises without terminating this Lease, as hereinbefore provided, Tenant shall quietly and peacefully at once surrender possession of the Premises to Landlord in a condition and order of repair substantially similar to its original condition and order of repair upon the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion commencement of the Projectlease term, reasonable wear and tear and damage by events of casualty described in Section 1, excepted, and shall provide to Landlord the combination or code at once remove all of locks on all safes, cabinets, vaults Xxxxxx's personal property and security systems in trade fixtures from the Premises. On Upon any such termination, Tenant shall, as directed by Xxxxxxxx, either remodel any addition to the Premises constructed by Tenant under Section 9, above, so as to facilitate use of such addition for office operations or before remove such addition from the Expiration Date Premises. Any such remodeling or earlier termination removal of this Lease, Tenant, any addition to the Premises shall be made by Tenant at its sole cost and expense. If, shall upon any such termination, Xxxxxx does not at once surrender possession of the Premises and remove such of its property as allowed by Landlord, Landlord may forthwith re-enter and repossess the same and remove all of its personal Tenant's property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by without being guilty of trespass or for Tenant that are located within the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, including, forceful entry or detainer or 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without incurring any liability to Tenant for loss or damage thereto to Tenant's property. Upon any such removal of Tenant's property, it shall be considered to have been abandoned and may either be retained by Landlord as its property or loss may be disposed of use thereof, store at public or private sale as Landlord sees fit. If any such property in Tenant’s name is either sold at Tenant’s expense and/or dispose public or private sale or retained by Landlord, the proceeds of any such sale or the then current fair market value of the same in property, as the case may be, shall be applied by Landlord against Landlord's expenses of removal, storage or sale of such property, the arrears of rent and other charges or future rent and other charges payable hereunder, and any manner permitted by lawother damages to which Landlord may be entitled hereunder. Tenant shall repair, at its sole cost and expense, any damage to the Premises resulting from the removal of its property as allowed hereunder.
Appears in 3 contracts
Samples: Commercial Lease Agreement, Commercial Lease Agreement, Commercial Lease Agreement
Surrender of Premises. Upon At the Expiration Date or earlier termination of this LeaseLease or Tenant’s right of possession, Tenant shall quietly remove Tenant’s Property and peacefully any and all Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Landlord in is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the required condition called for by as of the date of termination of this Lease, shall deliver Lease or Tenant’s right to Landlord any keys to possession of 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, TenantLandlord, at its Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove all and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of its personal property the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises and repair all damage to the Project caused by such removal. In additionor storage, Tenant, at its cost and expense, shall remove all 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 Dateafter notice, that such Lines shall be surrendered with the Premises; and (ii) in the case Landlord may deem all or any part of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required Tenant’s Property to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedabandoned and, at Landlord’s option, title to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Property shall vest in Landlord or Landlord may dispose of Tenant’s expense and/or dispose of the same Property in any manner permitted by lawLandlord deems appropriate.
Appears in 3 contracts
Samples: Office Lease Agreement (Thimble Point Acquisition Corp.), Office Lease Agreement, Office Lease Agreement (Jaguar Health, Inc.)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease or Tenant’s right to possess the Premises, Tenant shall (a) deliver to Landlord the Premises broom-clean with all improvements located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control, and reasonable wear and tear, defined below), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term; (b) deliver to Landlord all keys to the Premises and all access cards to the Project; (c) remove all unattached trade fixtures, furniture (including demountable walls), and personal property placed in the Premises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal); (d) remove any and all cabling (including conduit) installed in the Premises or elsewhere in the Project by or on behalf of a Tenant Party, including all connections for such cabling, at Tenant’s sole cost (Landlord will have the right, however, upon notice to Tenant, given prior to the expiration or earlier termination of this Leasethe Term, to require Tenant shall quietly to abandon and peacefully surrender leave in place, without additional payment to Tenant or credit against Rent, any and all such cabling [including conduit], whether located in the Premises to Landlord or elsewhere in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to if Landlord the combination or code of locks on so elects, Tenant covenants that such cabling (and all safes, cabinets, vaults and security systems pre-existing cabling in the Premises. On Premises installed by previous tenants and used by Tenant) shall be left in a neat and safe condition in accordance with the requirements of all applicable Laws, including the National Electric Code or before any successor statute, and shall be terminated at both ends of a connector, properly labeled at each end and in each electrical closet and junction box); and (e) remove such alterations, additions, improvements, and Tenant’s Off-Premises Equipment as Landlord may require and restore the Expiration Date areas surrounding such Tenant’s Off-Premises Equipment to their conditions existing immediately prior to the installation of such Tenant’s Off-Premises Equipment; however, Tenant shall not be required to remove the existing safety shower or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from any addition or improvement to the Premises and repair all damage to or the Project caused by such removal(including wiring and cabling) if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. In addition, Upon Tenant, at its cost and expense, shall remove all 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 ’s written request made no earlier than six months prior to the Project caused by such removal as follows: (i) in the case of the expiration of the Term, Landlord shall notify Tenant whether Landlord shall require Tenant to remove all wiring, cabling and conduit installed in or about the Premises or the Project by any Tenant Party during the Term, The term “reasonable wear and tear” as used herein shall mean such Lines reasonable, normal 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; customary wear and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law.tear
Appears in 3 contracts
Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)
Surrender of Premises. Upon On the Expiration Date expiration of the Term or earlier sooner termination of this Lease, Tenant shall quietly shall, at Tenant’s sole cost, (a) promptly and peacefully peaceably surrender the Premises to Landlord “broom clean,” in the condition called for by this Leasegood order and condition, shall deliver to Landlord (b) repair any keys damage to the Premises, Property caused by or in connection with the removal of 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises by or at the direction of Tenant, (c) repair, patch and repair paint in a good and workmanlike manner all damage holes and other marks in the floors, walls and ceilings of the Premises to Landlord’s reasonable satisfaction, (d) deliver all keys and access cards to the Project caused by such removal. In additionPremises to Landlord, Tenant, at its cost and expense, shall (e) remove all Lines installed by or for Tenant that are located within of Tenant’s data cabling, and (f) at Landlord’s sole discretion, remove all of Tenant’s Alterations and improvements from the Premises orand return the Premises to its original shell condition, in the case of Lines exclusively serving ordinary wear and tear excepted. Before surrendering the Premises, anywhere Tenant shall, at Tenant’s sole cost, remove Txxxxx’s movable personal property and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Lxxxxxxx, remain in the ProjectPremises as the property of Landlord without compensation; however, Tenant shall not remove any personal property or trade fixtures from the Premises without Landlord’s prior written consent if such removal will impair the structure of the Building or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Axx. (or any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant including, without limitation, the Building plenumany computer lines, risers wiring, cabling and all conduitsfacilities and other similar improvements, and repair all damage to restore the Project caused by such removal Premises to their condition 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 Commencement Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property, trade fixtures and other property of Tenant not removed hereunder from the Premises on the abandonment of the Premises or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemeddeemed to have been abandoned and may be appropriated, at Landlord’s optionsold, to be abandoned stored, destroyed or otherwise disposed of by Tenant Landlord without notice to, and Landlord may, without any liability obligation to account to, Tenant for loss or damage thereto or loss any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of use thereof, store such property in excess of any amount received by Landlord from such disposition. No surrender of the Premises shall be effected by Lxxxxxxx’s acceptance of the keys or of the rent or by any other means without Landlord’s written acknowledgement of such acceptance as a surrender. Tenant shall not be released from Tenant’s name at Tenant’s expense and/or dispose obligations under this Lease in connection with surrender of the same in any manner permitted by lawPremises until Lxxxxxxx has inspected the Premises and delivered to Tenant a written release.
Appears in 3 contracts
Samples: Lease Agreement (Fatpipe Inc/Ut), Lease Agreement (Fatpipe Inc/Ut), Lease Agreement (Fatpipe Inc/Ut)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 15 and 16 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. 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 other portion of the Projectwiring or cabling unless Landlord requires such removal). Additionally, if Landlord requests such removal (but not otherwise), Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and shall provide to furniture (including Tenant’s Off-Premises Equipment) as 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 Projectmay request, including, without limitation, if Landlord requests such removal and restoration (but not otherwise); however, Tenant shall not be required to remove any addition or improvement to the Building plenum, risers and all conduits, and Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlordremoval. All personal property of Tenant items not so removed hereunder shall be deemedshall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss or damage thereto or loss such items. The provisions of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose this Section shall survive the end of the same in any manner permitted by lawTerm.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Polarityte, Inc.), Purchase and Sale Agreement (Polarityte, Inc.), Lease Agreement (Polarityte, Inc.)
Surrender of Premises. Upon Tenant will surrender the Expiration Date Premises to Landlord at the expiration or earlier termination of this LeaseLease in good order, Tenant shall quietly condition and peacefully repair (reasonable wear and tear, permitted Alterations, and damage by casualty or condemnation excepted), and will surrender all keys to the Premises to Landlord at the place then fixed for Tenant’s payment of Basic Rent or as Landlord otherwise directs. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Tenant will at such time remove all of its property from the Premises and, if Landlord required as a condition called for of its consent, all specified Alterations carried out 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 Tenant in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and Tenant will promptly repair all any damage to the Project Premises caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for If Tenant that are located within does not surrender the Premises orin accordance with this section, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless Landlord from and against any Claim resulting from Tenant’s delay in the case of Lines exclusively serving so surrendering the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused any Claim made by any succeeding occupant founded on such removal as follows: (i) in the case delay. All property of the expiration of the Term, Tenant shall remove such Lines and repair such damage not removed on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case last day of the earlier Term is deemed abandoned. If Tenant fails to remove all of Tenant’s property from the Premises upon termination of this Lease, then Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from be deemed to have appointed Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in as Tenant’s name agent to remove, at Tenant’s expense and/or dispose sole cost and expense, all of Tenant’s property from the same 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, and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner permitted by lawin respect thereto.
Appears in 3 contracts
Samples: Lease Agreement (Datalink Corp), Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)
Surrender of Premises. Upon At the Expiration Date or earlier termination of this LeaseLease or Tenant’s right of possession, Tenant shall quietly (a) remove Tenant’s Property from the Premises, (b) remove all alterations and peacefully improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord in the condition called for by this LeaseLandlord, shall deliver to Landlord any keys to the Premises, or any other portion of the Projectbroom clean, and shall provide in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty which Landlord is obligated to Landlord the combination or code repair hereunder excepted. If Tenant fails to remove any of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier Tenant’s Property within two (2) days after termination of this LeaseLease or Tenant’s right to possession, TenantLandlord, at its Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove all and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of its personal property Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises and repair all damage to the Project caused by such removal. In additionor storage, Tenant, at its cost and expense, shall remove all 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 Dateafter notice, that such Lines shall be surrendered with the Premises; and (ii) in the case Landlord may deem all or any part of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at LandlordTenant’s option, Property to be abandoned by Tenant and Landlord may, without any liability title to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same Property shall vest in any manner permitted by lawLandlord.
Appears in 3 contracts
Samples: Office Lease Agreement (Imprivata Inc), Office Lease Agreement (Imprivata Inc), Office Lease Agreement (Imprivata Inc)
Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease(a) Prior to Lease end, Tenant shall, at Tenant’s sole cost and expense:
(i) remove only Tenant’s Property, excluding Tenant’s voice and data lines, wiring, cabling and facilities, and all other property shall, unless otherwise directed by Landlord in accordance with this Paragraph 17.1, remain in the Premises as the property of Landlord without compensation; provided, however, that (A) Tenant shall quietly not remove Tenant’s Property from the Premises without Landlord’s prior consent if such removal will impair or damage the structure of the Building, and peacefully (B) at Landlord’s option, Landlord may, at Lease end, remove Tenant’s voice and data lines, wiring, cabling and facilities in accordance with the National Electric Code, as amended, and Tenant shall reimburse Landlord for the reasonable cost of such removal within ten (10) business days after receipt of an invoice therefor;
(ii) repair any damage to the Property caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant; and
(iii) deliver all keys and access cards to the Premises to Landlord, and promptly and peaceably surrender the Premises to Landlord “broom clean,” in good order and condition, subject to normal and reasonable wear and tear and the condition called other provisions of this Lease regarding maintenance, repair, casualty, condemnation, insurance and indemnification.
(b) Any of Tenant’s Property not removed from the Premises on the abandonment of the Premises or on Lease end for any cause shall conclusively be deemed to have been abandoned and may be appropriated, removed, sold, stored, destroyed or otherwise disposed of by this LeaseLandlord without notice to, shall deliver and without any obligation to Landlord any keys to the Premisesaccount to, Tenant or any other portion of the Project, and person unless required to do so by Laws. Tenant shall provide pay to Landlord all reasonable expenses incurred in connection with the combination or code removal and disposition of locks on all safes, cabinets, vaults such Tenant’s Property in excess of any amount received by Landlord from such removal and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. disposition.
(c) In addition, Tenant, at its cost and expense, shall Landlord may require Tenant to remove all Lines installed any other Alteration made to the Premises by Tenant or by Landlord for Tenant that are located within and to restore the Premises orto their condition prior to making such Alteration; provided, that, except as set forth in the case of Lines exclusively serving the Premisessubparagraph (a)(i) above with respect to Tenant’s Property, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage Tenant shall have no obligation to the Project caused by such removal as follows: remove:
(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 Improvements made pursuant to the Expiration Date, that such Lines shall be surrendered with the PremisesExhibit A; and or
(ii) any other Alteration made by Tenant with Landlord’s prior consent if, but only if, at the time such consent was given and prior to installation, Tenant also obtained Landlord’s express consent and agreement to such Alteration remaining in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, Premises at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawLease end.
Appears in 3 contracts
Samples: Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.)
Surrender of Premises. Upon Except as provided in Article 14 herein, upon the Expiration Date expiration or earlier other termination of this Lease, Tenant shall quietly quit and peacefully surrender to Landlord the Demised Premises and every part thereof and all alterations, additions and improvements thereto, broom clean and in good condition and state of repair, reasonable wear and tear only excepted. If Tenant is not then in default, Tenant shall remove all personalty and equipment not attached to the Demised Premises which it has placed upon the Demised Premises, and Tenant shall restore the Demised Premises to the condition immediately preceding the time of placement thereof, less reasonable wear and tear. If Tenant shall fail or refuse to remove all of Tenant's effects, personalty and equipment from the Demised Premises upon the expiration or termination of this Lease for any cause whatsoever or upon the Tenant being dispossessed by process of law or otherwise, such effects, personalty and equipment shall be deemed conclusively to be abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without written notice to Tenant or any other party and without obligation to account for them. Tenant shall pay Landlord on demand any and all reasonable expenses incurred by Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion removal 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 Projectproperty, including, without limitation, the Building plenum, risers and all conduits, and repair all cost of repairing any damage to the Building or Project caused by the removal of such removal as follows: property and storage charges (i) if Landlord elects to store such property), less any amounts actually received by Landlord 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 connection with the Premises; disposition of such property, which Landlord may dispose of in Landlord's sole and (ii) in the case absolute discretion. The covenants and conditions of the earlier this Article 32 shall survive any expiration or termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law.
Appears in 2 contracts
Samples: Lease Agreement (Profit Recovery Group International Inc), Lease Agreement (Profit Recovery Group International Inc)
Surrender of Premises. Upon the Expiration Date or earlier termination of this the Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the same condition called for by this Lease, shall deliver to Landlord any keys it was in as of the Commencement Date (with respect to the Part A Premises) and the Part B Premises Commencement Date (with respect to the Part B Premises), or except for ordinary wear and tear and damage by casualty which Tenant was not obligated to remedy under 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 provision of this Lease, Tenant, at its cost and expense, . Tenant shall remove all of its personal property from the Premises machinery or equipment and repair all any damage to the Project Premises caused by such removal. In additionTenant shall not remove any power wiring or power panels, lighting or lighting fixtures, wall coverings, blinds or other window coverings, carpets or other floor coverings, or heaters or air conditioners, unless Landlord, by notice to Tenant, at its cost and expenseelects to have any of the foregoing removed by Tenant, in which event the same shall remove all Lines installed by or for Tenant that are located within be removed from 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 by Tenant prior to the Project caused by such removal as follows: (i) in the case of the expiration of the TermLease, and Tenant shall remove such Lines and repair such any damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that Premises due to such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlordremoval. All personal property of Tenant not removed hereunder remaining on the Premises after Tenant’s surrender of the Premises shall be deemed, deemed abandoned and at Landlord’s option, to election may either be abandoned retained by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name may be removed from the Premises at Tenant’s expense and/or dispose of expense. Tenant shall deliver to Landlord all keys to the same in any manner permitted by lawPremises.
Appears in 2 contracts
Samples: Lease Agreement (Valeritas Holdings Inc.), Lease Agreement (Valeritas Holdings Inc.)
Surrender of Premises. No act or omission by any Landlord Party during the Lease Term, including acceptance of keys to the Premises, shall be deemed an acceptance by Landlord of a surrender of the Premises unless such intent is specifically acknowledged in writing by Landlord. Upon the Expiration Date expiration or earlier termination of this Leasethe Lease Term, Tenant shall quietly shall, at its sole cost and peacefully expense, remove all Hazardous Substances to the extent provided in, and in accordance with, Section 25.2.4 below, and quit, vacate and surrender exclusive possession of the Premises to Landlord in broom-clean condition and in good order and condition, except for reasonable wear and tear, repairs that are specifically made the responsibility of Landlord hereunder, and subject to the provisions of Article 11 and Article 13 above, damage from Casualty and damage as a result of a Taking. Time is of the essence of Tenant’s obligation to quit, vacate and surrender exclusive possession of the Premises in the condition called for required by this Lease. If Tenant fails to surrender possession of the Premises to Landlord in accordance with this Section 15.1, then, in addition to all of Landlord’s other rights and remedies, (A) Landlord may (but shall not be obligated to) perform any cleaning, maintenance, removal, repairs and/or restoration reasonably necessary in order to put the Premises, the Building and/or any other affected portion of the Property in the surrender condition required by this Lease, (B) intentionally omitted and (C) Tenant shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to pay Landlord the combination or code cost of locks on all safesany such work performed by Landlord, cabinets, vaults plus a fee for Landlord’s oversight and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all coordination thereof equal to five percent (5%) of its personal property from the Premises and repair all damage to the Project caused by such removal. In additioncost, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s optionrequest for payment, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawtogether with reasonable supporting documentation.
Appears in 2 contracts
Samples: Lease Agreement (Sweetgreen, Inc.), Lease Agreement (Sweetgreen, Inc.)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to Landlord in the condition called for by this Leasewhich Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord any all 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, Tenant, at its cost and expense, shall remove Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused 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). In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose cost without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease.
Appears in 2 contracts
Samples: Office Lease Agreement (Markit Ltd.), Office Lease Agreement
Surrender of Premises. Upon the Expiration Date expiration or termination of this Lease or termination of Tenant’s right of possession of the Premises, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in broom clean condition and in reasonably good condition considering the age of the improvements in the Premises, ordinary wear and tear and damage by casualty excepted. Upon any termination which occurs other than by reason of Tenant’s default, Tenant shall remove from the Premises all unattached and movable trade fixtures and personal property of Tenant that were paid for by Tenant without credit or compensation from Landlord, provided Tenant immediately shall repair all damage resulting from such removal. In the event possession of the Premises is not immediately delivered to Landlord or if Tenant shall fail to remove any unattached and movable trade fixtures or personal property which Tenant is obligated to remove, Landlord may remove same without any liability to Tenant. Any movable trade fixtures and personal property which may be removed from the Premises by Tenant but which are not so removed upon 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, and Landlord may, at its option and at Tenant’s expense, store and/or dispose of such property. Without limiting the foregoing, Landlord may require that Tenant, at Tenant’s expense, upon expiration of the Term or earlier termination of this the Lease, remove all cabling installed in the Premises by or at the request of Tenant. If Tenant fails to promptly remove such cabling, Landlord may remove it, and Tenant shall quietly and peacefully surrender reimburse Landlord for the Premises cost of such work on demand, such obligation to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, survive expiration 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law.
Appears in 2 contracts
Samples: Deed of Lease (Xenith Bankshares, Inc.), Deed of Lease (Xenith Bankshares, Inc.)
Surrender of Premises. Upon On the Expiration Date or earlier termination of this LeaseDate, Tenant shall quietly quit and peacefully surrender the Demised Premises to Landlord together with all alterations, fixtures, (except trade fixtures), installations, additions and improvements which may have been made in the condition called for by this Leaseor attached thereto, shall deliver to Landlord any keys to the Premisesvacant, or any other portion of the Projectbroom clean, and shall provide in good condition and repair, ordinary wear and tear, casualty and condemnation excepted, unless Landlord provides otherwise in writing with respect to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the PremisesSpecialty Alterations. On or before the Expiration Date or earlier termination of this LeaseDate, Tenant, Tenant at its cost and expense, shall remove from the Demised Premises all of its personal Tenant’s moveable property from which is not attached to, or built into, the Demised Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 limitationlimitation Tenant’s furniture, the Building plenumpartitions, risers work stations, and all conduits, and repair all damage to the Project caused by other personal property of Tenant) except such removal items thereof as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines have expressly agreed in writing with Landlord were to remain and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlordfully repair any damage to the Demised Premises or the Building resulting from such removal. All Any moveable personal property of Tenant not removed hereunder Tenant, or any subtenant or occupant, which shall be deemedremain in or on the Demised Premises after the termination of this Lease may, at Landlord’s optionthe option of Landlord and without notice, be deemed to be have been abandoned by Tenant such Tenant, subtenant or occupant, and may either be retained by Landlord mayas its property or be disposed of, without accountability, in such manner as Landlord may see fit. Tenant shall reimburse Landlord for any liability to Tenant reasonable cost or expense incurred by Landlord in carrying out the foregoing. Landlord shall not be responsible for any loss or damage thereto or loss of use thereof, store occurring to any such property in owned by Tenant or any subtenant or occupant. Tenant’s name at Tenant’s expense and/or dispose of obligations under this Section 7.06 shall survive the same in any manner permitted by lawExpiration Date.
Appears in 2 contracts
Samples: Lease Agreement (Agile Therapeutics Inc), Lease Agreement (Agile Therapeutics Inc)
Surrender of Premises. Upon No act or omission by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Substances placed on the Premises during the Term or during Tenant's occupancy of the Premises, if longer, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 12 and 13 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may, prior to the end of the Term, remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any other portion wiring or cabling unless Landlord permits such removal). Additionally, at Landlord's option, Tenant shall, prior to the end of the ProjectTerm, remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request; however, Tenant shall provide not be required to remove any addition or improvements to the Premises unless Landlord has notified Tenant of Landlord's request to remove same at the combination time Landlord approves the plans for addition or code of locks on improvements. Tenant shall repair all safes, cabinets, vaults and security systems in damage caused by any removal prior to the Premises. On expiration or before the Expiration Date or earlier sooner termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant items not so removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss or damage thereto or loss such items; any such disposition shall not be considered a strict foreclosure. The provisions of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose this Section 18 shall survive the end of the same in any manner permitted by lawTerm.
Appears in 2 contracts
Samples: Lease Agreement (Premier Research Worldwide LTD), Lease Agreement (Eresearchtechnology Inc)
Surrender of Premises. Upon Tenant will surrender the Expiration Date Premises to Landlord at the expiration or earlier termination of this LeaseLease in good order, Tenant shall quietly condition and peacefully repair, reasonable wear and tear, permitted Alterations, Casualty (subject to Master Lessor’s and Landlord's rights with respect to any Landlord Unreleased Casualty Claim) and condemnation excepted, and will surrender all keys to the Premises to Property Manager or to 0000 Xxxx Xxxxxx 16 9/29/04 Office Lease Agreement Landlord at the place then fixed for Tenant's payment of Basic Rent or as Landlord or Property Manager otherwise directs. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, Premises or any other portion of on 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, Tenant, Tenant will at its cost and expense, shall such time remove all of its personal property from the Premises and, if Landlord so requests, all specified Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair all any damage to the Project Premises caused by such removal. In addition, Tenant releases and will Indemnify Landlord from and against any Claim resulting from Tenant, at its cost and expense, shall remove all Lines installed by 's failure or for Tenant that are located within delay in surrendering the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Projectaccordance with this Section, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused any Claim made by any succeeding occupant founded on 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlorddelay. All personal property of Tenant not removed hereunder shall be deemedon or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant's agent to remove, at Landlord’s optionTenant's sole cost and expense, all of Tenant's property from the Premises upon termination of this Lease and to be abandoned by Tenant cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant, and Landlord maywill not be liable for damage, without any liability to Tenant for loss or damage thereto theft, misappropriation or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same thereof or in any manner permitted by lawin respect thereto.
Appears in 2 contracts
Samples: Sublease Agreement, Sublease Agreement (ECC Capital CORP)
Surrender of Premises. 11.1. Upon the Expiration Date or earlier termination of this LeaseDate, Tenant shall quietly will surrender and peacefully surrender vacate the Premises immediately and deliver possession thereof to Landlord in a clean, and good and tenantable condition, ordinary wear and tear, obsolescence, condemnation, and damage from the condition called for by this Leaseelements, shall fire and other casualty excepted. Tenant will deliver to Landlord any all keys to the Premises. Tenant will remove from the Premises all movable personal property of Tenant, or any other portion of the ProjectTenant’s trade fixtures, Decorations, and shall provide such Alterations which Landlord has elected pursuant to Landlord the combination or code Section 8.4 of locks on all safes, cabinets, vaults and security systems in this Lease to have Tenant remove from the Premises. On Tenant will remove cabling, hardware, and equipment installed by or before on behalf of Tenant from the ceiling plenum spaces, and/or concealed in wall cavities, including cabling related to Tenant’s movable wall systems or partition office furniture, if any, and IT and telecommunications systems, without damaging existing infrastructure and pathways that may support fire alarm systems, lighting systems, electrical systems, fire protection systems, and/or HVAC systems. Tenant immediately will repair all damage resulting from removal of any of Tenant’s property, furnishings or Tenant Additions, If possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant fails to remove those items described above, Landlord may, at Tenant’s expense, and upon not less than 10 business days’ written notice to Tenant, remove any of such property therefrom without any liability to Landlord and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable consistent with the requirements of this Section 11.1.
11.2. All property which may be removed from the Premises by Landlord will be conclusively presumed to have been abandoned by Tenant and Landlord may deal with such property as provided in Section 10.6. Tenant will also reimburse Landlord for all reasonable costs and expenses incurred by Landlord in removing any Alterations, and in restoring the Premises to the condition required by this Lease at the Expiration Date or earlier termination which will be the same condition of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case as 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 each Phase Rent Commencement Date, unless Landlord notifies Tenant, at least thirty (30) days prior subject to the Expiration Date, that such Lines shall be surrendered with the Premises; normal wear and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines tear and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines any Alterations which are not required to be removed pursuant to Section 8.4 of this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawLease.
Appears in 2 contracts
Samples: Lease Agreement (iCIMS Holding LLC), Lease Agreement (iCIMS Holding LLC)
Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to 26.1 Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 Tenantshall, at least thirty (30) days prior before the last day of the Term, arrange to the Expiration Date, that such Lines shall be surrendered with meet Tenant for a joint inspection of the Premises; and (ii) in .
26.2 At the case end of the earlier 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, 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 of less than full height from floor to ceiling, 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 remove not be in or pass automatically to Landlord upon such Lines and repair termination, repairing all damage caused by such damage promptly after receipt of a notice from Landlord requiring such removal and repairremoval. Any Lines Property not required so removed shall, unless requested to be removed pursuant removed, be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Section Lease as by a xxxx of sale. All other alterations, additions and improvements in, on or to the Premises shall become the property be dealt with and disposed of as provided in Article 6 hereof.
26.3 All obligations of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant under this Lease not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose fully performed as of the same in any manner permitted by lawexpiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term.
Appears in 2 contracts
Samples: Lease (Startec Global Communications Corp), Lease (Startec Global Communications Corp)
Surrender of Premises. Upon the Expiration Date expiration of the Term, or earlier sooner termination of this the Lease, Tenant shall quietly quit and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, broom clean, in good order and condition, normal wear and tear and damage by fire and other casualty excepted. All leasehold improvements and other fixtures, such as Ring Central, Inc. Lease 19 light fixtures and HVAC equipment, wall coverings, carpeting and drapes, in or any other portion of serving the ProjectPremises, whether installed by Tenant or Landlord, shall be Landlord’s property and shall provide remain, all without compensation, allowance or credit to Landlord Tenant. Notwithstanding 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, Tenantforegoing, at its Landlord’s request, Tenant shall, at Tenant’s sole cost and expense, shall remove all of its personal property from the Premises Tenant’s telecommunications lines and repair all damage to the Project caused by such removal. In additioncabling, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case on behalf of Lines exclusively serving the Premises, anywhere in the ProjectTenant, including, without limitation, any such lines and cabling installed in the plenum or risers of the Building plenum(collectively, 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by LandlordWiring”), and designated by the Landlord. In the event Landlord elects to retain any Tenant Wiring, the Tenant Wiring shall be surrendered in good condition and working orderleft “as is” with no warranty, lien free, and properly labeled with an identification system reasonably approved labeled. Tenant waives, to the greatest extent permitted by law, all of its rights under California Civil Code Sections 1980, et seq., as the same may be amended from time to time, and any related and successor statutes thereto, so that, notwithstanding the requirements of said California Civil Code Section 1980, et seq., (A) any property, not removed by Tenant from the Premises at the expiration of the Term or sooner termination of the Lease, shall (i) be deemed to have been abandoned by Tenant, and (ii) may be retained or disposed of by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability notice to Tenant for loss or damage thereto or loss of use thereofTenant, store such property in Tenant’s name at Tenant’s expense and/or dispose free of any and all claims of Tenant, as Landlord shall desire, and (B) (i) Tenant shall not be entitled to any proceeds received by Landlord as a result of the same disposition of the Abandoned Property, (ii) all property not removed from the Premises by Tenant may be handled or stored by Landlord at Tenant’s expense and Landlord shall not be liable for the value, preservation or safekeeping thereof, and (iii) at Landlord’s option all or part of such property may be conclusively deemed to have been conveyed by Tenant to Landlord as if by xxxx of sale without payment by Landlord. Tenant hereby further waives, to the maximum extent allowable, the benefit of all laws now or hereafter in any manner permitted by lawforce in this state or elsewhere exempting property from liability for Rent or for debt.
Appears in 2 contracts
Samples: Office Lease, Office Lease (RingCentral Inc)
Surrender of Premises. (a) Upon the Expiration Date expiration or earlier sooner termination of this Leasethe term hereof, Tenant shall quietly and peacefully surrender the Premises to Landlord in the same condition called for as when received, ordinary wear and tear and damage by this Leasefire, shall deliver to Landlord any keys to earthquake, act of God or 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, Tenantelements excepted and, at its cost and expenseTenant's sole cost, shall remove all of its movable furniture, equipment, trade fixtures and personal property from (except partitions, in accordance with Paragraph 9 of this Lease) and repair any damage in the Premises and repair all damage to or elsewhere in the Project Building caused by such removal. In addition, Any property which is not so removed by Tenant within fifteen (15) calendar days following notice thereof to Tenant shall be deemed abandoned by Tenant, and title to such property shall, at its cost Landlord's election, pass to Landlord, provided that any such abandonment and expensetransfer of title shall not be deemed to be a waiver of Landlord's rights and remedies against Tenant for removal of such items by Tenant. Whether or not title shall so pass to Landlord, shall remove all Lines installed by or for Tenant that are located within Landlord may cause such property to be removed and stored and/or disposed of, and may make appropriate repairs to the Premises orand Building, and Tenant shall pay the cost of such action on demand. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in the case of Lines exclusively serving so surrendering the Premises, anywhere in the Projectremoving property and making repairs, includingincluding without limitation any claims made by any succeeding tenant- founded on such delay, without limitationunless such delay is caused by fire, the Building plenumearthquake, risers and all conduitsact of God or other conditions beyond Tenant's reasonable control (financial inability excepted).
(b) The voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof shall not work a merger, and repair all damage to at the Project caused by such removal as follows: option of Landlord, (i) in the case of the expiration of the Termshall terminate all or any existing subleases or subtenancies, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case shall operate as an assignment to Landlord of the earlier termination of this Lease, Tenant shall remove all or any such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss subleases or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawsubtenancies.
Appears in 2 contracts
Samples: Lease (Montgomery Realty Group Inc), Lease (Montgomery Realty Group Inc)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises to Landlord with all improvements located therein as of the Commencement Date in the same repair and condition called existing as of the Commencement Date (and with all subsequent alterations and improvements made by or for Tenant in compliance with Laws and otherwise in good repair and condition), free of Hazardous Materials placed on the Premises by this Leaseany Tenant Party during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant and the Existing FF&E (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any other portion of the Projectwiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, and shall provide to Landlord notwithstanding 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 foregoing provisions of this LeaseSection 21 to the contrary, Tenant shall remove such alterations, additions and improvements installed by or on behalf of Tenant, at its cost and expensesuch trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment and the Existing FF&E), as Landlord may request; however, Tenant shall not be required to remove all of its personal property from any addition or improvement to the Premises and or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord's rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Biomira Inc), Lease Agreement (Biomira CORP)
Surrender of Premises. Upon At the Expiration Date or earlier termination of this LeaseLease or Xxxxxx’s right of possession, Tenant shall quietly remove Tenant’s property including any furniture, fixtures, equipment installed by or for the benefit of Tenant from the Premises, and peacefully quit and surrender the Premises to Landlord in substantially the same condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion as 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 Commencement Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted. Landlord may, by notice to Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty not less than ninety (3090) nor more than One Hundred Eighty (180) days prior to the Expiration DateDate require Tenant, that at Tenant’s expense, remove any Alterations and repair any damage caused by such Lines removal. If Tenant fails to remove any of Tenant’s property, or to restore the Premises to the required condition, Landlord, at Tenant’s sole cost and expense, shall be surrendered with entitled (but not obligated) to remove and store Tenant’s property and/or perform such restoration of the Premises; and (ii) in . Landlord shall not be responsible for the case value, preservation or safekeeping of the earlier termination of this Lease, Tenant’s property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove such Lines and repair such damage promptly Xxxxxx’s property from the Premises or storage, within sixty (60) days after receipt notice, Landlord may deem all or any part of a notice from Landlord requiring such removal and repair. Any Lines not required Tenant’s property to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedabandoned and, at Landlord’s option, title to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or property shall vest in Landlord or Landlord may dispose of the same Xxxxxx’s property in any manner permitted by lawLandlord deems appropriate.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Surrender of Premises. Upon (a) At the Expiration Date end of the Term or earlier any renewal thereof or other sooner termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall will peaceably deliver to Landlord any keys to possession of the Premises, together with all improvements or any other portion additions upon or belonging to Landlord, by whomsoever made, in the same condition as received (e.g., the Premises upon completion of the ProjectLandlord’s Work), or first installed, subject to the terms of Paragraphs 21 and 39, subject to normal wear and tear and the rights and obligation of Tenant concerning casualty damage pursuant to Paragraph 20, damage by fire, earthquake, Act of God, or the elements alone excepted, and subject to any items which are the obligation of Landlord to repair or replace pursuant to the terms of this Lease (however, Landlord shall provide be entitled to Landlord charge Tenant for such repairs and replacements pursuant to Paragraph 3). Tenant may, upon 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, remove all personal property, movable furniture, trade fixtures and equipment belonging to Tenant, at its cost and expenseTenant’s sole cost, shall remove all of its personal property from the Premises and repair all provided that Tenant repairs any damage to the Project caused by such removal. In addition, Property not so removed shall be deemed abandoned by Tenant, and title to the same shall thereupon pass to Landlord, excluding any intellectual property rights. Upon request by Landlord, but only if Landlord is entitled to require such removal pursuant to the provisions of Paragraph 6, Tenant shall remove, at its cost and expenseTenant’s sole cost, shall remove any or all Lines Alterations to the Premises installed by or for at the expense of 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, movable furniture and repair all damage equipment belonging 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 which may be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned left by Tenant and Landlord repair any damage resulting from such removal.
(b) The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, without at the option of Landlord, operate as an assignment to it of any liability to Tenant for loss or damage thereto all such subleases or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawsubtenancies.
Appears in 2 contracts
Samples: Lease Agreement (Upwork Inc.), Lease Agreement (Upwork Inc.)
Surrender of Premises. Upon the Expiration Date expiration or earlier other termination of this Lease, Tenant shall quietly quit and peacefully surrender to Landlord the Demised Premises and every part thereof and all alterations, additions and improvements thereto, broom clean and in good condition and state of repair, excepting only (i) reasonable wear and tear and (ii) casualty damage and condemnation loss, reasonable wear and tear only excepted. If Tenant is not then in default, Tenant shall remove all personalty and equipment not attached to the Demised Premises which it has placed upon the Demised Premises including any signage installed by Tenant, computers and related equipment including peripheral equipment and tape and disk vaults, all projectors and projection screens and related equipment, blackboards whiteboards, tackboards, and other display units, telephone systems, cipher locks and electronic security systems, paging systems, kitchen equipment, including but not limited to any refrigerators, microwave ovens, dishwasher, disposal, trash compactor, or other built-in kitchen equipment, phone system equipment including patch panel and subfeed panel locations for such phone system, fire suppression systems, CRT patch panels, and Tenant shall restore the Demised Premises to the condition immediately preceding the time of placement thereof excepting only (i) reasonable wear and tear and (ii) casualty damage and condemnation loss. If Tenant shall fail or refuse to remove all of Tenant's effects, personalty and equipment from the Demised Premises upon the expiration or termination of this Lease for any cause whatsoever or upon the Tenant being dispossessed by process of law or otherwise, such effects, personalty and equipment shall be deemed conclusively to be abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without written notice to Tenant or any other party and without obligation to account for them. Tenant shall pay Landlord on demand any and all reasonable expenses incurred by Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion removal 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 Projectproperty, including, without limitation, the Building plenum, risers and all conduits, and repair all cost of repairing any damage to the Building or Project caused by the removal of such removal as follows: property and storage charges (i) in the case if Landlord elects to store such property). The covenants and conditions of the this Article 32 shall survive any expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law.
Appears in 2 contracts
Samples: Lease Agreement (Indus International), Lease Agreement (TSW International Inc)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all 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, Tenant, at its cost and expense, shall remove Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord's rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.
Appears in 2 contracts
Samples: Lease Agreement (Brooks Automation Inc), Lease Agreement (Brooks Automation Inc)
Surrender of Premises. Upon the Expiration Date expiration or earlier sooner termination of the Term and if Tenant has fully and faithfully performed all of the terms, conditions and covenants of this LeaseLease to be performed by Tenant, but not otherwise, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenantshall, at its sole cost and expense, shall remove from the Premises its interior and exterior signs and all of its personal movable trade fixtures and equipment, and other items Tenant has installed or placed on the Premises which have not become the property of Lessor (all of which are hereinafter referred to as "Tenant's Property"), shall cap all plumbing outlets exposed as a result of the removal of Tenant’s property, and shall thereupon surrender the premises in the same condition as existed on the Commencement Date, reasonable wear and tear, damage by unavoidable casualty, and items expressly allowed by Lessor (including removal of interior walls), excepted. If Tenant has not fully and faithfully performed all of the terms, conditions and covenants of this Lease to be performed by Tenant, Tenant shall nevertheless remove Tenant's Property from the Premises in the manner aforesaid within fifteen (15) days after receipt of written direction to do so from Lessor. In the event Tenant shall fail to remove any of Tenant's Property as provided herein, Lessor may, but is not obligated to, at Tenant's expense, remove all or part of Tenant's Property not so removed and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice resulting from Landlord requiring such removal and repair. Any Lines may, but is not required to be removed pursuant to this Section shall become obligated to, at Tenant's expense store the property of Landlord (without payment by Landlord)same in any public or private warehouse, and Lessor shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any have no liability to Tenant for any loss or damage thereto to Tenant's Property or loss of use thereof, store floor coverings caused by or resulting from such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawremoval or otherwise.
Appears in 2 contracts
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this LeaseLease or of Tenant’s right to possession of the Premises, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any the Premises 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, as to which Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord all 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, Tenant, at its cost and expense, shall remove Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused 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). In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease or Tenant’s right to possession of the Premises) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request but in no event any of the initial Tenant’s Work constructed pursuant to Exhibit C hereof. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant to Landlord (as if conveyed by a xxxx of sale) and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose cost without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease.
Appears in 2 contracts
Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this LeaseLease or Tenant’s right to possess the Premises for any reason, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises by Tenant or any Tenant Party during the Term, broom-clean, reasonable wear and tear (and condemnation and casualty damage not caused by Tenant, as to which Sections 13 and 14 shall control) excepted, in accordance with the removal obligations, if any, described in Section 10.2 and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, or any other portion Tenant may remove all of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems Tenant’s Property placed in the PremisesPremises or elsewhere in the Project by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal). On or before the Expiration Date or earlier termination of this Lease, TenantTenant shall, at its Tenant’s sole cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s option, be deemed to be have been abandoned by Tenant and Landlord maymay be appropriated, without any liability to Tenant for loss or damage thereto or loss of use thereofsold, store such property in Tenant’s name stored (at Tenant’s expense and/or dispose sole cost and expense), destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items. The provisions of this Section 21.2 shall survive the expiration or earlier termination of the same in any manner permitted by lawTerm.
Appears in 2 contracts
Samples: Office Lease (YETI Holdings, Inc.), Office Lease (YETI Holdings, Inc.)
Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case sooner termination of the earlier termination of this Lease, Tenant shall remove quit and surrender to Landlord the Premises, broom clean, in good order and condition, normal wear and tear and damage by fire and other casualty excepted. All leasehold improvements and other fixtures, such Lines as light fixtures and repair such damage promptly after receipt of a notice from Landlord requiring such removal HVAC equipment, wall coverings, carpeting and repairdrapes, in or serving the Premises, whether installed by Tenant or Landlord, shall be Landlord's property and shall remain, all without compensation, allowance or credit to Tenant. Any Lines property not required removed shall be deemed to have been abandoned by Tenant and may be retained or disposed of by Landlord at Tenant's expense free of any and all claims of Tenant, as Landlord shall desire. All property not removed pursuant from the Premises by Tenant may be handled or stored by Landlord at Tenant's expense and Landlord shall not be liable for the value, preservation or safekeeping thereof. At Landlord's option all or part of such property may be conclusively deemed to this Section shall become the property have been conveyed by Tenant to Landlord as if by xxxx of Landlord (sale without payment by Landlord), and shall be surrendered . The Tenant hereby waives to the maximum extent allowable the benefit of all laws now or hereafter in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal force in this state or elsewhere exempting property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any from liability to Tenant for loss rent or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawfor debt.
Appears in 2 contracts
Samples: Office Lease (Saville Systems PLC), Office Lease (Authoriszor Inc)
Surrender of Premises. Upon No act by Landlord will be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises will be valid unless it is in writing and signed by Landlord (except that no such writing shall be required upon the surrender of the Premises at the scheduled Termination Date). At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall must deliver to Landlord any the Premises with all improvements in good repair and condition, broom-clean, except for reasonable wear and tear (and condemnation and Casualty damage, as to which Sections 12 and 13 above control). All alterations, additions, improvements, equipment, wiring and furniture (other than the initial tenant improvements constructed pursuant to the Workletter which Tenant shall not be required by Landlord to remove) made in or upon the Premises (for which Landlord has requested removal at the time of Landlord's consent) must, at Landlord's option upon notice to Tenant, either be removed by Tenant (and Tenant must repair all damage caused by such removal) or remain on the Premises without compensation to Tenant. Tenant must also deliver to Landlord all keys to the Premises, or any other portion . So long as Tenant has performed all 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 its obligations under this Lease, Tenant may remove all unattached trade fixtures and personal property placed in the Premises by Tenant, at its cost and expense, shall remove all of its personal property from the Premises and provided that Tenant remains obligated to repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 All items not so removed will be deemed 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss or damage thereto or loss such items. The provisions of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose this Section 18 will survive the end of the same in any manner permitted by lawTerm.
Appears in 1 contract
Samples: Lease Agreement (Coolsavings Inc)
Surrender of Premises. Upon Prior to the Expiration Date expiration or earlier termination of this Lease, Tenant no act by Landlord shall quietly and peacefully be deemed an acceptance of a surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to of the Premises, or any other portion and no agreement to accept a surrender of the Project, Premises shall be valid unless it is in writing and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premisessigned by Xxxxxxxx. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 At the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines deliver to Landlord the Premises with all improvements located therein in the condition required by the first sentence of Section 8(b)(ii), with all Required Removables, as defined below, removed and repair such all damage promptly after receipt of a notice resulting from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this shall have been repaired, free of Hazardous Materials (as defined in Section shall become 25(i) below) placed on the property of Landlord Premises during the Term (without payment excluding any such placement by Landlord, its agents, contractors, or employees), and shall be surrendered in good condition and working orderdeliver to Landlord all keys to the Premises. Provided that Xxxxxx has performed all of its obligations hereunder, lien freeTenant may remove all unattached trade fixtures, furniture, and properly labeled with an identification system reasonably approved 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, excluding Tenant’s AV and IT Equipment, as defined below). All personal property Tenant shall have no obligation to remove any Cable at the expiration or earlier termination of Tenant not removed hereunder shall be deemedthis Lease. In addition, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability written notice to Tenant for loss or damage thereto or loss of use thereofat the time Landlord consents to any Alterations (including the Work), store such property in may require Tenant’s name , at Tenant’s expense and/or dispose expense, to remove any improvements or other affixed installations that were performed by or installed by or on behalf of Tenant and that, in Landlord’s reasonable judgment, are of a nature that would entail removal and repair costs that are materially in excess of the same in removal and repair costs associated with standard office installations, including, without limitation, shower rooms, kitchens, executive bathrooms, raised computer floors, computer room installations, supplemental HVAC equipment, generators, telecommunications equipment (excluding the Cable), safe deposit boxes, vaults, libraries or file rooms requiring reinforcement of floors, internal staircases, slab penetrations, conveyors, curved walls, drop ceilings, and any manner permitted other improvements of a similar character and/or incorporating unusual architectural elements or requiring unusual expense to remove and restore (“Specialty Alterations”). Unless otherwise expressly provided by law.Landlord at the time Tenant obtains Landlord’s consent to any Specialty Alterations, all Specialty Alterations shall be deemed “
Appears in 1 contract
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises to Landlord with all improvements located therein in the condition called for by required to be maintained under this Lease, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord any all 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, Tenant, at its cost and expense, shall remove Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused 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). In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bath vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose cost without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease.
Appears in 1 contract
Samples: Office Lease Agreement (Interpace Biosciences, Inc.)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this LeaseLease or Tenant’s right to possess the Premises, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall (a) deliver to Landlord the Premises broom-clean with all Alterations, additions, betterments and improvements (collectively, “Improvements”) located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term; (b) deliver to Landlord all keys to the PremisesPremises and all access cards to the Project (and shall reimburse Landlord for the then-current replacement cost charged by Landlord for all such keys and access cards that are not returned); (c) remove all unattached trade fixtures, or any other portion of the Projectfurniture (including demountable walls), and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems personal property placed in the PremisesPremises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal); (d) [intentionally omitted]; and (e) remove such Improvements and Tenant’s Off-Premises Equipment as Landlord may require and restore the areas surrounding such Improvements and Tenant’s Off-Premises Equipment to their conditions existing immediately prior to the installation of such Improvements and Tenant’s Off-Premises Equipment; however, Tenant shall not be required to remove any Improvement to the Premises or the Project if Landlord has specifically agreed in writing at the time of installation that the Improvement in question need not be removed. On or before Notwithstanding the Expiration Date or earlier termination of this Leaseforegoing, Tenant, at its cost and expense, Tenant shall remove all of its personal property not be responsible for removing from the Premises any telephone, computer, or related data cabling and wiring that may be installed within the Premises’ walls or above the Premises’ ceiling, nor for removing any associated data wiring related wall fixtures, provided that in all cases all such cabling and wiring is capped, neatly bundled and clearly identified by Tenant. Tenant shall repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 items described above. If Tenant fails to remove any property, including any of the Termproperty described above, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedmay, 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 abandoned performed by Tenant hereunder, and repair all damage caused by such work, and Xxxxxx shall reimburse Landlord mayon demand for any expenses which Landlord may incur in effecting compliance with Xxxxxx’s obligations hereunder (including collection costs and attorneys’ fees), without plus interest thereon at the Default Rate, or (3) elect any liability of the actions described in clauses (1) and (2) above as Landlord may elect in its sole discretion. Notwithstanding anything to the contrary contained herein, (i) Tenant for loss or damage thereto or loss of use thereof, store such property in shall not be required to remove Tenant’s name initial Alterations to the Premises, and (ii) Tenant shall not be required to remove any Alterations which constitute improvements which are typically found in businesses conducting only an office use and other incidental uses in Class “A” office buildings which are located in the Rosslyn, Virginia area, and which are comparable to the Building (the “Typical Office Improvements”) (such items which are excluded from being Typical Office Improvements being hereinafter referred to as “Items Subject to Removal”). With respect to such Items Subject to Removal, Landlord shall notify Tenant, at the time that Landlord approves Tenant’s expense and/or dispose plans for such Alterations, whether Landlord reserves the right to require removal of any such Items Subject to Removal as provided above in this Section 21. Items Subject to Removal shall include but not be limited to any raised flooring (i.e., flooring which is raised above the concrete slab, with a cavity between the raised flooring and the concrete slab), cafeteria improvements, catering kitchens (not including pantries), internal stairwells, and computer server rooms, and any other similar non-standard office installations within the Premises. The provisions of this Section 21 shall survive the end of the same in any manner permitted by lawTerm.
Appears in 1 contract
Surrender of Premises. Upon the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly and peacefully peaceably surrender the Premises to Landlord broom-clean and in the same condition called as on the date Tenant took possession, except for (a) reasonable wear and tear; (b) loss by this Leasefire or other casualty; and (c) loss by condemnation. All fixtures, equipment, improvements, and appurtenances attached to or built into the Premises at the commencement of or during the Term, whether or not by or at the expense of Tenant, other than Tenant’s Property, shall deliver to Landlord any keys to be and remain a part of the Premises, or any other portion shall be the property of the ProjectLandlord, 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, not be removed by Tenant, at its cost and expense, except as directed by Landlord. Tenant shall not be required to remove all of its personal property from any leasehold improvements unless (i) such removal is necessary to ensure that the Premises and Building comply with applicable code at the time of surrender, including but not limited to removal of wires located in risers and plenums without raceways or conduits; (ii) they were made without the consent of Landlord; or (iii) Landlord notified Tenant that removal would be required at the time Landlord approved Tenant’s plans therefor. Tenant’s Property shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that, if any of Tenant’s Property is removed, Tenant shall promptly repair all any damage to the Project caused by Premises or to the Building resulting from such removal. In additionIf 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 deemed abandoned, and, at its cost and expenseLandlord’s option, title shall pass to Landlord under this Lease as by a xxxx of sale. If Landlord elects to remove all Lines installed by or for Tenant that are located within any part of such Tenant’s Property, the Premises or, in the case reasonable cost of Lines exclusively serving the Premises, anywhere in the Projectremoval, including, without limitation, the Building plenum, risers and all conduits, and repair all repairing any damage to the Project Premises or Building caused by such removal as follows: (i) removal, shall be paid by Tenant. On the Expiration Date, Tenant shall surrender all keys, parking cards and other means of entry to the Premises, the Building and the Project, and shall inform Landlord of the combinations and access codes for any locks and safes located in the case Premises. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring (“Telecom Wiring”) and any other components of Tenant’s Telecommunications System shall be removed at Tenant’s cost at the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenanthas specifically requested in writing that the Telecom Wiring shall remain, at least thirty (30) days prior to whereupon the Expiration Date, that such Lines Telecom Wiring shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Premises as Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawproperty.
Appears in 1 contract
Samples: Office Lease (Quality Systems Inc)
Surrender of Premises. Upon the Expiration Date expiration or earlier sooner termination of the term of this Lease (and whenever reference is made to the term of this Lease or the term hereof, such reference shall include any extension or renewal of the term of this Lease), if Tenant has fully and faithfully performed all of the terms, conditions and covenants of this Lease to be performed by Tenant, but not otherwise, Tenant shall, at its sole costs and expense, remove from the Premises its interior and exterior signs and all of its moveable trade fixtures and equipment, Tenant's Property, and such other items Tenant has installed ox xxxxed on the Premises, and Tenant shall repair all damage thereto resulting from such removal. Tenant shall thereupon surrender the Premises, broom clean, in good condition and repair, reasonable wear and tear (including damage thereto which Tenant is not required to repair) excepted. If Tenant has not fully and faithfully performed all of the terms, xxxxitions and covenants of this Lease to be performed by Tenant, Tenant shall quietly and peacefully surrender nevertheless remove Tenant's Property frox xxx Premises in the manner aforesaid within fifteen (15) days after receipt of written direction to do so from Landlord. Notwithstanding the foregoing, Tenant shall remove the floor coverings in the Premises only if directed to do so by Landlord in the condition called for by this Lease, which event it shall deliver to Landlord any keys to the Premises, or any other portion of the Projectdo so, and shall provide repair all damage to the Premises resulting from such removal. In the event Tenant shall fail to remove any of Tenant's Property or floor coverings as provided herein, Landlord the combination or code of locks on all safesmay, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenantbut is not obligated to, at its cost Tenant's expense and expensewith interest, shall remove all of its personal property from the Premises Tenant's Property and floor coverings not so removed and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice resulting from Landlord requiring such removal and repair. Any Lines may, but is not required to be removed pursuant to this Section shall become obligated to, at Tenant's expense, store the property of Landlord (without payment by Landlord)same in any public or private warehouse, and Landlord shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any have no liability to Tenant for any loss or damage thereto to Tenant's Property or loss of use thereof, store floor coverings caused by or resulting from such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawremoval or otherwise.
Appears in 1 contract
Samples: Lease Agreement (FNB Bancorp/Ca/)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, strictly in compliance with applicable law with respect to Landlord in all Hazardous Materials placed on the condition called for by this LeasePremises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all 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, Tenant, at its cost and expense, shall remove Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused 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). In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may have requested be removed at the time it approved of such alterations, additions or improvements. Notwithstanding anything contained to the contrary herein, Tenant shall have no obligations to remove any of the alterations that comprise Tenant’s Work as set forth on Exhibit B. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord’s rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.
Appears in 1 contract
Surrender of Premises. 21.1 Upon the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly and peacefully will subject to Section 10.3 of this Lease, peaceably surrender the Premises to Landlord broom-clean and in the same condition called for as on the date Tenant took possession, except for: (a) reasonable wear and tear, (b) loss by this Leasefire or other casualty and (c) loss by condemnation. Tenant’s Property will be and will remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that, shall deliver to Landlord if any keys to the Premisesof Tenant’s Property is removed, or Tenant will promptly repair 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Premises or to the Project caused by resulting from such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, Internal floor coating/concrete hardener will be left in the case of Lines exclusively serving the Premises, anywhere in the Projectsealed condition, including, without limitation, the Building plenum, risers and all conduitsany areas that may be damaged by removal of Tenant’s fixtures. All interior walls should be left in good condition, and repair all damage to any holes from removal of Tenant’s fixtures must be patched.
21.2 If Tenant abandons or surrenders the Project caused Premises or is dispossessed by such removal as follows: (i) in process of law or otherwise, any of Tenant’s Property left on 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 Premises will be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required deemed to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord)abandoned, and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedand, at Landlord’s option, title will pass to Landlord under this Lease as by a bill of sale. At Landlord’s option, Tenant will be deemed to be abandoned by Tenant holding over in the Premises and Rent will continue to accrue in accordance with the terms of Article 20 until such removal of Tenant’s Property will be completed. If Landlord mayelects 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 liability damage to the Premises or Project caused by such removal and holdover rent, will be paid by Tenant. On the Expiration Date, Tenant for loss or damage thereto or loss will surrender all keys, parking cards and other means of use thereofentry to the Premises, store such property in Tenant’s name at Tenant’s expense and/or dispose and will inform Landlord of the same combinations and access codes for any locks and safes located in any manner permitted by lawthe Premises.
Appears in 1 contract
Samples: Office Full Service Gross Lease (YanGuFang International Group Co., LTD)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials place on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all 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, Tenant, at its cost and expense, shall remove Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request, provided such request was made (i) at the time Landlord gave its consent to such alterations, additions or improvements, or (ii) at any time if consent to such alterations, additions or improvements was required but not obtained; however, Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss or damage thereto or loss such items. The provisions of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose this Section 21 shall survive the end of the same in any manner permitted by lawTerm.
Appears in 1 contract
Samples: Lease Agreement (Beyond Com Corp)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any all keys to the Premises, together with manuals and warranties running to Landlord’s benefit for improvements, alterations or other items installed by Tenant, and shall deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term (other than by Landlord, its employees, contracts or agents) and broom-clean, condemnation and Casualty damage (as to which Sections 15 and 16 shall control) and reasonable wear and tear excepted. As used herein, “reasonable wear and tear” shall not include any other damage or deterioration that would have been prevented by Tenant’s employment of ordinary prudence, care and diligence in the occupancy and use of the Premises and the performance of all of its obligations under this Lease; without limiting the generality of the foregoing, reasonable wear and tear shall not include (i) excessively soiled, stained, worn or marked surfaces, floors or finishes, (ii) damage, including holes in building surfaces (e.g., cabinets, doors, walls, ceilings and floors) caused by the installation or removal of Tenant’s trade fixtures, furnishings, decorations, equipment, alterations, utility installations, security systems, communications systems (including cabling, wiring and conduits), displays and signs, (iii) damage to any component, fixture, hardware, system or component part thereof within the Premises, or (iv) the condition of any 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 PremisesPremises that would not be reasonably acceptable for immediate use by a subsequent tenant for comparable purposes. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, Tenant shall remove all of its trade fixtures (and appurtenances thereto), furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused 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). In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, but subject to the provisions of Section 8(a) above, Tenant shall remove the following to the extent required by Landlord: (1) alterations, additions and improvements made to the Premises by Tenant; (2) trade fixtures (and appurtenances thereto), furniture, and personal property placed in the Premises by Tenant and paid for by Landlord; and (3) all wiring, conduits and cabling placed in the Premises by Tenant and/or any communications or data cabling and conduit used by Tenant (collectively, “Cabling”) in accordance with applicable Laws (provided, that, at Landlord’s sole option, Tenant shall instead leave all Cabling in good operating condition and repair, properly terminated and identified for future use in accordance with applicable laws). Tenant shall repair all damage caused by such removal. Landlord agrees that if Tenant requests in writing not later than one hundred twenty (120) days and not earlier than earlier than three hundred sixty (360) days before the expiration of the Term as to whether or not Landlord will require removal of the applicable alterations, additions, improvements, trade fixtures, personal property, equipment, furniture and/or Cabling as provided in the preceding sentences, Landlord shall notify Tenant in writing of such determination no later than ninety (90) days following receipt of Tenant’s written request for same. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss or damage thereto or loss such items. The provisions of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose this Section 22 shall survive the end of the same in any manner permitted by lawTerm.
Appears in 1 contract
Surrender of Premises. Upon On the Expiration Date last day of the Lease Term or earlier upon the sooner termination of this Lease, Tenant shall quietly and peacefully shall, to the reasonable satisfaction of Landlord, surrender the Premises (and Tenant’s rights and interests in the Common Area) to Landlord in good condition (reasonable wear and tear, acts of God, casualty, condemnation, Hazardous Materials other than those stored, used or disposed of by Tenant, its agents, employees, contractors or invitees, and alterations concerning which Landlord has not reserved the condition called for by this Lease, shall deliver right to Landlord any keys to the Premisesrequire removal excepted) with all originally painted interior walls washed, or any other portion of the Projectre-painted if marked or damaged, and shall provide other interior walls cleaned and repaired or replaced, all carpets cleaned and in good condition, the air conditioning, ventilating and heating equipment inspected, serviced and repaired by a reputable and licensed service firm (unless Landlord has elected to Landlord the combination or code of locks on maintain heating and air conditioning systems pursuant to Paragraph 10.1 above), and all safes, cabinets, vaults and security systems in the Premisesfloors cleaned. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, Tenant shall remove all of its Tenant’s personal property and trade fixtures from the Premises Premises, and all property not so removed shall be deemed abandoned by Tenant. Furthermore, Tenant shall immediately repair all damage to the Project caused by any such removal. In addition, connection with Tenant, at its cost ’s vacating and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case surrendering possession of Lines exclusively serving the Premises, anywhere Tenant shall not cut or modify any telecommunications, telephone and/or network lines, wiring or cabling. If the Premises are not so surrendered at Lease Termination, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, damage, expense, claim or liability resulting from delay by Tenant in so surrendering the Project, Premises including, without limitation, any claims made by any succeeding tenant or losses to Landlord due to lost opportunities to lease to succeeding tenants. Tenant shall not be required to remove from 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 Premises at the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt Lease any of a notice from the Initial Improvements constructed or installed by Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property terms of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawExhibit C attached hereto.
Appears in 1 contract
Surrender of Premises. Upon the Expiration Date expiration of the Term or earlier termination of this Lease, Tenant shall quietly will deliver all keys to Landlord and peacefully promptly quit and surrender the Premises broom clean, in good order and repair, ordinary wear and tear excepted, and further excepting damage by casualty or condemnation except damage by casualty shall be excepted only to Landlord in the condition called for extent of Landlord’s obligation to repair or restore damage by casualty under 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, Tenant, at its cost and sole expense, shall remove such Alterations as Landlord has requested in accordance with Article 15, and all of its personal property from computer, data, telephone and security equipment including all computer, data, telephone and security wiring and cables in the plenum and the walls. Tenant will fully repair any damage occasioned by the removal of any trade fixtures, equipment, furniture or Alterations. All trade fixtures, equipment, furniture, effects and Alterations remaining on the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 after the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this LeaseLease will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in a commercially reasonable manner without Notice to Tenant shall remove such Lines or any other person and repair such damage promptly without obligation to account for them. Notwithstanding the foregoing provisions of this Article if Tenant has failed to surrender the Premises in the condition required hereunder, Landlord at its option may perform all or a portion of removals and repairs required of Tenant hereunder, for Tenant’s account, and Tenant will reimburse Landlord for the costs of doing so (including fifteen (15%) percent for Landlord’s overhead and profit) within ten (10) days after receipt of a notice from Landlord requiring statement of such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawcost.
Appears in 1 contract
Samples: Office Lease (Fitbit Inc)
Surrender of Premises. Upon 3.1 Sections 3.5 and 15 of the Expiration Date Sublease to the contrary notwithstanding, on or earlier termination before June 15, 2011, Landlord will deliver to Tenant a detailed, itemized list of this Leasesuch cubicle, workstation, common area and conference room furniture belonging to Tenant shall quietly and peacefully surrender which GSA requests remain in the Premises (“furniture”). Landlord and Tenant agree to Landlord cooperate in identifying the specific furniture to remain in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, Premises and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in Tenant agrees that it will not remove such furniture nor will Tenant remove data cabling from the Premises. On or before the Expiration Date or earlier termination Termination Date, Tenant agrees to transfer ownership of this Lease, Tenantthe furniture and cabling, at no cost to Landlord, in its then current “as is” condition, “where-is” and with all faults to Landlord or its designee by Xxxx of Sale without any representation or warranty of any kind, except that Tenant represents and warrants that Tenant has good marketable title to such furniture and cabling and has the right and authority to transfer such furniture and cabling to Landlord or its designee, free and clear of all liens and encumbrances.
3.2 Sections 3.5 and 15 of the Sublease to the contrary notwithstanding, the term “furniture” does not include, and, prior to the Termination Date, Tenant shall remove from the Premises at Tenant’s cost and expense, shall remove such other personal property, trade fixtures and all kitchen equipment and furnishings. Except for damage to walls or other components of its the Premises which are scheduled for demolition to prepare the Premises and/or New Wing for occupancy by the GSA, Tenant shall, to the satisfaction of Landlord, promptly repair any damage caused by the removal of the personal property from the Premises and repair all damage referred to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law3.2.
Appears in 1 contract
Samples: Sublease Termination and Guaranty of Sublease Termination Agreement (DineEquity, Inc)
Surrender of Premises. Upon the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly and peacefully peaceably surrender the Premises to Landlord broom-clean and in the same condition called as on the date Tenant took possession, except for (a) reasonable wear and tear; (b) loss by this Leasefire or other casualty; and (c) loss by condemnation. All fixtures, equipment, improvements, and appurtenances attached to or built into the Premises at the commencement of or during the Term, whether or not by or at the expense of Tenant, other than Tenant’s Property, shall deliver to Landlord any keys to be and remain a part of the Premises, or any other portion shall be the property of the ProjectLandlord, and shall provide not be removed by Xxxxxx, except as directed by Landlord in accordance with the following sentence. Tenant shall not be required 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, Tenant, at its cost and expense, shall remove all of its personal property from any leasehold improvements unless (i) such removal is necessary to ensure that the Premises and Building comply with applicable code at the time of surrender, including but not limited to removal of wires located in risers and plenums without raceways or conduits; (ii) they were made without the consent of Landlord; or (iii) Landlord notified Tenant that removal would be required at the time Landlord approved Tenant’s plans therefor. Tenant’s Property shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that, if any of Tenant’s Property is removed, Tenant shall promptly repair all any damage to the Project caused by Premises or to the Building resulting from such removal. In additionIf Xxxxxx 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 deemed abandoned, and, at its cost and expenseLandlord’s option, title shall pass to Landlord under this Lease as by a bill of sale. If Landlord elects to remove all Lines installed by or for Tenant that are located within any part of such Tenant’s Property, the Premises orreasonable cost of removal, in the case storage and disposal of Lines exclusively serving the Premises, anywhere in the ProjectTenant’s Property, including, without limitation, the Building plenum, risers and all conduits, and repair all repairing any damage to the Project Premises or Building caused by such removal as follows: (i) removal, shall be paid by Tenant. On the Expiration Date, Tenant shall surrender all keys, parking cards and other means of entry to the Premises, the Building and the Project, and shall inform Landlord of the combinations and access codes for any locks and safes located in the case Premises. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring (“Telecom Wiring”) and any other components of Tenant’s Telecommunications System shall be removed at Tenant’s cost at the expiration of the Term, Tenant unless Xxxxxxxx has specifically requested in writing that the Telecom Wiring shall remove such Lines and repair such damage on or before remain, whereupon the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines Telecom Wiring shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at LandlordPremises as Xxxxxxxx’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawproperty.
Appears in 1 contract
Samples: Office Lease (Eargo, Inc.)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all 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, Tenant, at its cost and expense, shall remove Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request to the extent same may be removed without damages to the Premises; however, Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has 24 specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord's rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term for a period of one (1) year.
Appears in 1 contract
Surrender of Premises. Upon Tenant will surrender the Expiration Date Premises to Landlord at the expiration or earlier termination of this LeaseLease in good order, condition and repair, reasonable wear and tear, Casualty (subject to Landlord's rights with respect to Tenant shall quietly Damage) and peacefully Taking excepted, and will surrender all keys to the Premises to Landlord at the place then fixed for Tenant's payment of Basic Rent or as Landlord otherwise directs. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the condition called for by this Lease, shall deliver to Landlord any keys to Premises or on 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 PremisesProperty. On or before the Expiration Date or earlier termination of this Lease, Tenant, Tenant will at its cost and expense, shall such time remove all of its personal property from the Premises and, if Landlord so requires and so notified Tenant at the time they were approved, all specified Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair all any material damage to the Project Premises or the Property caused by such removal. In additionTenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any Claim resulting from Tenant, at its cost and expense, shall remove all Lines installed by 's failure or for Tenant that are located within delay in surrendering the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Projectaccordance with this section, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused any Claim made by any succeeding occupant founded on 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlorddelay. All personal property of Tenant not removed hereunder shall be deemedon or before the last day of the Term is deemed abandoned. Landlord may remove all such abandoned property from the Premises and cause its transportation and storage in a public warehouse or elsewhere at the cost and for the account of Tenant, at Landlord’s option, and if Tenant fails to pay the storage charges therefor Landlord may cause such property to be abandoned by Tenant and sold or otherwise disposed of without further obligation or any accounting to Tenant. Landlord maywill not be liable for damage, without any liability to Tenant for loss or damage thereto theft, misappropriation or loss of use thereof, store any such property in Tenant’s name at Tenant’s expense and/or dispose of the same or in any manner permitted by lawin respect thereto.
Appears in 1 contract
Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys 4.6.1 Notwithstanding anything to the Premisescontrary stated herein, Section 7 of the Lease or any other provision of the Lease, Tribune shall have the right but not the obligation to remove any Equipment, Material Alteration, apparatus, fixtures, improvements, machinery, utility systems, personal property, any property owned by Bally’s, and/or any other property of any kind or nature from the Premises at any time prior to the License Expiration Time, including property that is permanently affixed or built into the Premises (and whether or not such removal causes or will cause damage, including structural damage, to any part of the Premises).
4.6.2 Tribune shall have no obligation to Bally’s or any other person to make any repairs (including but not limited to Structural Repairs) or pay for any damages, including without limitation any repairs necessitated by or damages caused, directly or indirectly, by the removal of any property from the Premises or by or as a result of any Major Alteration or otherwise. Notwithstanding the foregoing, except as set forth below, the Parties acknowledge and agree that Bxxxx’s shall have no obligation to perform any repairs (including but not limited to Structural Repairs) to the Premises resulting from any such removal, Major Alteration or other actions by Tribune. Moreover, to the extent that Tribune’s failure to make any repairs (including but not limited to Structural Repairs) to the Premises results in Tribune losing and/or impairing its certificate of occupancy, or should the City of Chicago or any other governmental agency issue any citations, fines or penalties on account of any repairs not performed at the Premises or the Original Licensed Area, the Parties agree and acknowledge that, unless the loss of the certificate of occupancy or the citations, fines or penalties arise out of the affirmative acts of the Bally’s Parties, (i) Bally’s shall have no liability with respect thereto and (ii) Tribune shall be fully responsible for complying with any such citations, fines or penalties, including the payment of any such citations, fines and/or penalties issued by any such governmental entity. Bally’s shall be fully and solely responsible for resolving and/or complying with any citations, fines or penalties, including the payment of any such citations, fines and/or penalties issued by any governmental entity that arise out of the affirmative acts of the Bally’s Parties, including any of their actions on or at the Property. For the avoidance of doubt, if any portion of the ProjectProperty is damaged by the Bally’s Parties in a manner that disrupts or impairs Tribune's ability to use the Premises or Original Licensed Area for the Permitted Use, then Bxxxx's shall be responsible for promptly repairing such damage at its sole cost and expense.
4.6.3 Tribune shall have no obligation to Bally’s or any other person arising from or relating to any property, including but not limited to any Equipment, or Material Alterations, not removed from the Premises (including but not limited to any rent, repair, moving or storage costs or otherwise). The Parties agree that any Equipment, Material Alterations and/or other personal property that remain on the Property following the License Expiration Time (or the sending of the Vacancy Letter) shall be deemed abandoned by Tribune, and shall provide to Landlord Bxxxx’s may thereafter remove any and all of Tribune’s Equipment, Material Alterations and personal property from 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, TenantProperty, at its Bally’s sole cost and expense, shall remove all but without any liability therefor to Bally’s from Tribune or any creditors of its personal property from Tribune. For clarity, the sending of the Vacancy Letter in itself constitutes the vacation and unconditional and irrevocable surrender of the Premises and repair all damage Original Licensed Area by Tribune, notwithstanding any other circumstance, event, act or omission, including but not limited to the Project caused by such removal. In additionpresence of any Equipment, TenantMaterial Alterations, personal property or any other property or equipment of Tribune or any other party located at its cost and expensethe Property after the Exit Date or License Expiration Time.
4.6.4 Without limiting the modification of other terms of the Lease pursuant to or as a result of this Agreement, shall remove all Lines installed by or for Tenant that are located within the Premises orSections 7.2, in the case of Lines exclusively serving the Premises7.3, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits7.4, and repair all damage to the Project caused by such removal as follows: (i) in the case 7.5 of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawLease are hereby deleted.
Appears in 1 contract
Samples: Lease Modification and Short Term License Agreement (Bally's Chicago, Inc.)
Surrender of Premises. (a) Upon the Expiration Date or earlier termination of this the Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this LeaseLandlord, shall deliver to Landlord any keys to the Premises, or any other portion of the Projectbroom clean, and shall provide in good order and condition, except for ordinary wear and tear and damage by casualty which Tenant was not obligated 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 remedy under any provision of this Lease, Tenant, at its cost and expense, . Tenant shall remove all of its personal property from the Premises machinery or equipment and repair all any damage to the Project Premises caused by such removal. In additionTenant shall not remove any power wiring or power panels, lighting or lighting fixtures, wall coverings, blinds or other window coverings, carpets or other floor coverings, or heaters or air conditioners, unless Landlord, by notice to Tenant, at its cost and expenseelects to have any of the foregoing removed by Tenant, in which event the same shall remove all Lines installed by or for Tenant that are located within be removed from the Premises or, in by Tenant prior to the case expiration of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduitsLease, and Tenant shall repair all any damage to the Project caused by Premises due to such removal as follows: (i) in removal. All property of Tenant remaining on the case Premises after Tenant's surrender of the expiration Premises shall be deemed abandoned and at Landlord's election may either be retained by Landlord or may be removed from the Premises at Tenant's expense. Tenant shall deliver to Landlord all keys to the Premises.
(b) If during the last sixty (60) days of the Term, Tenant shall remove such Lines have removed all or substantially all of Tenant's property and repair such damage all of its personnel from the Premises, Landlord may at any time thereafter enter, alter, renovate and redecorate the Premises without any reduction or abatement of the Tenant's rent or incurring any liability for any compensation to Tenant or adverse effect on this Lease or before the Expiration DateTenant's obligations hereunder. If Landlord commences alterations, unless Landlord notifies Tenant, at least thirty (30) days prior renovations or redecorations to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become thereafter occupy the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawPremises.
Appears in 1 contract
Surrender of Premises. Upon Tenant will surrender the Expiration Date Premises to Landlord at the expiration or earlier termination of this LeaseLease in good order, Tenant shall quietly condition and peacefully repair, reasonable wear and tear, permitted Alterations and damage by casualty or condemnation excepted, and will surrender all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, remaining in the condition called for by this Lease, shall deliver to Landlord any keys to Premises or on 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 PremisesProperty. On or before the Expiration Date or earlier termination of this Lease, Tenant, Tenant will at its cost and expense, shall such time remove all of its personal property from the Premises and, if Landlord so requests, except as otherwise expressly provided in this Lease, all specified Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair all any damage to the Project Premises caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for If Tenant that are located within does not surrender the Premises orin accordance with this section, Tenant will release, indemnify, defend (with counsel reasonably acceptable to Landlord) protect and hold harmless Landlord from and against any Claim resulting from Tenant’s delay in the case of Lines exclusively serving so surrendering the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused any Claim made by any succeeding occupant founded on 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlorddelay. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by on or before the last day of the Term is deemed abandoned. Tenant and appoints Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in as Tenant’s name agent to remove, at Tenant’s expense and/or dispose sole cost and expense, all of Tenant’s property from the same 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, and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner permitted by lawin respect thereto.
Appears in 1 contract
Samples: Office Lease Agreement (Royal Caribbean Cruises LTD)
Surrender of Premises. Upon the Expiration Date expiration of the Term, or earlier sooner termination of this Lease, Tenant shall quietly quit and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any broom clean, in good order and condition, normal wear and tear and damage by fire and other portion of the Projectcasualty excepted, and prior to the expiration or sooner termination of this Lease Tenant shall provide remove from the Premises any Alterations that Tenant is required by Landlord to Landlord remove under 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 provisions of this Lease, and all of Tenant’s furniture, equipment and other personal property (including, without limitation, all voice and data and other wiring and cabling) and trade fixtures. Any property not removed shall be deemed to have been abandoned by Tenant and may be retained or disposed of by Landlord at Tenant’s expense free of any and all claims of Tenant, as Landlord shall desire. All property not removed from the Premises by Tenant may be handled or stored by Landlord at its cost Tenant’s expense and expenseLandlord shall not be liable for the value, preservation or safekeeping thereof At Landlord’s option all or part of such property may be conclusively deemed to have been conveyed by Tenant to Landlord as if by xxxx of sale without payment by Landlord. Neither the provisions of this Article 14 nor any other provision of this Lease shall remove all impose upon Landlord any obligation to care for or preserve any of its personal Tenant’s property left upon the Premises, and Tenant hereby waives and releases Landlord from any claim or liability in connection with the removal of such property from the Premises and repair all damage the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to such release. Tenant hereby waives to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove maximum extent allowable the benefit of all Lines installed by laws now or hereafter in force in this state or elsewhere exempting property from liability for rent 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawdebt.
Appears in 1 contract
Samples: Lease (Hortonworks, Inc.)
Surrender of Premises. Upon On the last day of the Term or on the sooner termination thereof, Tenant shall (i) subject to the provisions of Article 8, peaceably surrender the Premises in good order and repair (subject to Landlord’s maintenance obligations), except for reasonable wear and tear, and (ii) at its expense, remove from the Premises its office supplies, moveable office furniture, moveable office equipment and personal property (collectively, “Tenant’s Property”), and any of Tenant’s Property not so removed may, at Landlord’s option and without limiting Landlord’s right to compel the removal thereof, be deemed abandoned, in which event Landlord, in addition to its other rights and remedies and without liability to Tenant or to any other party, shall be entitled to retain such Property as its own free and clear of all claims of Tenant or any other party. The removal of any of Tenant’s Property shall be at Tenant’s expense and Tenant shall not damage the Premises, the Building or the Total Building Facilities during the course of such removal. Without limiting the foregoing provisions of this Section, Landlord, at its option by notice to Tenant within 30 days after the Expiration Date or earlier the sooner termination of this Lease, may require Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and/or Building all of Tenant’s telecommunications and repair all damage data cabling and wiring, and if Tenant fails to the Project caused by effect such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, then 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 addition 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s optionother remedies, to be abandoned by Tenant Landlord may have such cabling and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name wiring removed at Tenant’s expense and/or dispose of the same in any manner permitted by lawexpense.
Appears in 1 contract
Samples: Office Lease (Parnell Pharmaceuticals Holdings LTD)
Surrender of Premises. Upon of the Expiration Date Lease is amended in relevant part to provide that, in the event Tenant constructs the Playground on the Leased Premises in accordance with the Lease, upon the termination or earlier expiration of the Lease or the Term thereof (as it may be extended by any Renewal Terms), Landlord may purchase the Playground from Tenant at a price to be mutually agreed upon by the Parties, but in no event greater than the Playground’s fair market value. If Landlord elects to not purchase the Playground or the Parties are unable to agree upon the purchase price of the Playground, upon the termination or expiration of this Leasethe Lease or the Term thereof, Tenant shall quietly promptly remove the Playground and peacefully surrender any and all site improvements constructed on the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Leased 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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, fencing, ground surfacing and paved pathways (collectively, the Building plenum, risers and all conduits“Site Improvements”), and repair all damage restore the Leased Premises to substantially the same condition that existed prior to the Project caused by such removal as follows: (i) in the case construction of the expiration of Playground. In the Termevent Tenant fails to remove the Playground and Site Improvements, Tenant shall remove such Lines and repair such damage on or before restore the Expiration DateLeased Premises as provided herein, unless Landlord notifies Tenant, at least after thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a days’ written notice from Landlord requiring to Tenant, Landlord may (but shall have no obligation to) remove the Playground and Site Improvements, and restore the Leased Premises as provided herein, and bill the costs of such removal and repairrestoration to Tenant, whereupon Tenant shall promptly reimburse Landlord for such costs. Any Lines not required to be removed pursuant to this The provisions of Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose 4.2 of the same in any manner permitted by lawLease, as amended hereby, shall survive the termination or expiration of the Lease.
Appears in 1 contract
Samples: Lease
Surrender of Premises. Section 19.1. Upon the Expiration Date expiration or earlier sooner termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Demised Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 plenumall carpeting, risers additions, alterations, improvements, apparatus and all conduitsfixtures, in good and repair all damage to the Project caused by such removal broom clean condition and repair, as follows: aforesaid in Section 10.1 hereof; provided, however, that Tenant (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 Premisesrequired to remove unattached and moveable and trade fixtures and furniture and other personal property installed by Tenant and all Designated Alterations; and (ii) may be permitted to remove, upon written approval by Landlord, which approval shall not be unreasonably withheld, such other alterations, additions, improvements and fixtures installed by Tenant, and which are removable without material damage to the Demised Premises, and, in the case of the earlier termination of this Leaseeach instance, Tenant shall remove such Lines and repair such damage promptly after receipt of a any Tenant's Work which has been designated in any notice from Landlord requiring such removal to Tenant in accordance with the provision of Section 5.11 and repair. restore the affected portion of the Demised Premises to their original condition at Tenant's expense.. Any Lines unattached moveable fixtures and furniture installed by Tenant not required to be removed pursuant to this Section by Tenant upon the expiration or sooner termination of the Lease as aforesaid for any reason whatsoever shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedLandlord may thereafter, at Landlord’s optionTenant's sole cost and expense, cause such property to be abandoned by Tenant and removed from the Demised Premises. Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same shall not in any manner permitted or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination nor shall Landlord's retention or sale of such property waive any of Landlord's rights with respect to any default by lawTenant under the foregoing provisions of this Section.
Appears in 1 contract
Samples: Lease Agreement (Immunomedics Inc)
Surrender of Premises. Upon No act by Landlord shall be deemed an --------------------- acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all 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, Tenant, at its cost and expense, shall remove Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord's rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.
Appears in 1 contract
Samples: Lease Agreement (Tenfold Corp /Ut)
Surrender of Premises. Upon All improvements to the Expiration Date Premises (collectively, "Leasehold Improvements" shall be owned by Landlord and shall remain upon the Premises with out compensation to Tenant. At the expiration or earlier termination of this LeaseLease or Tenant's right o possession, Tenant shall quietly remove Tenant's Removable Property (defined below) from the Premises and peacefully quit and surrender the Premises to Landlord Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term "Tenant's Removable Property" shall mean (A) Cable installed by or for the benefit of Tenant and located in the condition called Premises or other portions of the Building (B) any Leasehold improvements that are installed by or for by this Leasethe benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ("Special Installations"); and (C) Tenant's personal property. Landlord shall deliver to Landlord any keys within 10 Business Days after its receipt of (i) the Approved Construction Documents (as defined in the Work Letter attached hereto as Exhibit D) with respect to the Premises, or any other portion of the ProjectLandlord Work, and shall provide (ii) the plans and specifications with respect to any Alterations, notify Tenant in writing whether any Leasehold Improvements to be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord's sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the combination or code Premises . If Tenant fails to remove any of locks on all safes, cabinets, vaults and security systems Tenant's Removable Property (other than Special Installations which Landlord has designated to remain in the Premises. On or before ) within 5 days after the Expiration Date or earlier termination of this LeaseLease or of Tenant's right to possession, TenantLandlord, at its Tenant's sole cost and expense, shall be entitled (but not obligated) to remove all and store Tenant's Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of its personal property from Tenant's Removable Property. Tenant shall pay Landlord, upon demand, the Premises expenses and repair all damage storage charges incurred for Tenant's Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant's Security Deposit maybe applied to offset Landlord's costs set forth in the Project caused by such removalpreceding sentence. In addition, if Tenant fails to remove Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within 's Removable Property from the Premises oror storage, in as the case may be, within 30 days after written notice, Landlord may deem all or any part of Lines exclusively serving Tenant's Removable Property to be abandoned, and title to Tenant's Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused Tenant's Removable Property shall be removed 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, ; provided that upon Landlord's prior written consent (which must be requested by Tenant at least thirty (30) 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant's Removable Property. Tenant's possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant's Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, that such Lines Tenant's Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be surrendered with the Premises; and (ii) in the case removed by Tenant on or before such earlier date of the earlier termination of this Lease, termination. Tenant shall remove such Lines and repair such damage promptly after receipt caused by the installation or removal of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law's Removable Property.
Appears in 1 contract
Surrender of Premises. Upon Tenant will surrender the Expiration Date Premises to Landlord at (he expiration or earlier termination of this LeaseLease in good order, Tenant shall quietly condition and peacefully repair, reasonable wear and tear, permitted. Alternations and damage by insured casualty or condemnation" excepted, and will surrender all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant's payment o( Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the condition called for by this Lease, shall deliver to Landlord any keys to Premises or on 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 PremisesProperty. On or before the Expiration Date or earlier termination of this Lease, Tenant, Tenant will at its cost and expense, shall such time remove all of its personal property from the Premises and, if Landlord so requests, all specified Alterations and improvements Tenant placed on the Premises Tenant will promptly repair all any damage to the Project Premises caused by such removal. In additionTenant releases and will indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless Landlord from and against any Claim resulting from Tenant, at its cost and expense, shall remove all Lines installed by 's failure or for Tenant that are located within delay in surrendering the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Projectaccordance with this section, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused any Claim made by any succeeding occupant (rounded on such removal as follows: (i) in the case delay. All property of the expiration of the Term, Tenant shall remove such Lines and repair such damage Tenant( not removed on or before the Expiration Datelast day of the Term is deemed abandoned. Tenant appoints Landlord as tenants agent to remove, unless Landlord notifies at Tenants sole cost and expense, all of Tenant's property from the Premises upon termination of (his Lease and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord maywill not be liable for damage, without any liability to Tenant for loss or damage thereto theft, misappropriation or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same thereof or in any manner permitted by lawin respect hereto.
Appears in 1 contract
Surrender of Premises. Upon By taking possession of the Expiration Date Premises and subject to --------------------- the provisions of Exhibit B, Tenant shall be deemed to have accepted the --------- Premises and the Property in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. On the expiration or earlier early termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the its condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion as of the ProjectCommencement Date, normal wear and shall provide to Landlord the combination or code tear, acts of locks on all safesGod, cabinets, vaults fire (not caused by Tenant and/or Tenant's Parties) and security systems in the Premiseseminent domain excepted. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, Tenant shall remove all of its personal property from the Premises all of Tenant's personal property, trade fixtures and any alterations required to be removed pursuant to Section 9. Tenant shall have no obligation to remove the Tenant Improvements installed by Landlord pursuant to Exhibit B. Tenant shall repair all damage to or perform any --------- restoration work required by the Project caused by such removal. In additionIf Tenant fails to remove any personal property, Tenant, at its cost and expense, shall remove all Lines installed by trade fixtures or for Tenant that are located within alterations after 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 end of the Term, Tenant shall Landlord may remove such Lines the property and repair such damage on or before store it at Tenant's expense, including interest at the Expiration Date, unless Landlord notifies Tenant, Interest Rate. If the Premises are not so surrendered at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice indemnify Landlord against all loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant, losses to Landlord requiring such removal and repair. Any Lines not required due to be removed pursuant lost opportunities to this Section shall become the property of Landlord (without payment by Landlord)lease to succeeding tenants, and shall be surrendered in good condition attorneys' fees and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawcosts.
Appears in 1 contract
Samples: Lease (Consilium Inc)
Surrender of Premises. Upon At the Expiration Date expiration or earlier termination of this LeaseLease or Tenant’s right of possession, Tenant shall quietly remove Tenant’s property, including without limitation, its business personal property, furniture, furnishings, trade or business fixtures, cabling, and peacefully equipment, from the Premises and all signs installed by or on behalf of Tenant within the Project, and shall quit and surrender the Premises to Landlord in the same condition called for as existing on the Lease Commencement Date, free of Hazardous Materials not existing as of the Lease Commencement Date, broom clean, and in good order, condition and repair, ordinary wear and tear and Casualty excepted. Normal 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 any marks or stains on 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. In addition, Tenant shall deliver to Landlord remove and restore (1) any keys to improvements and equipment located in the manufacturing portions of the Premises, or any other portion (2) the chemical facility at the rear of the ProjectBuilding and any and all pipes connected thereto, and shall provide (3) upon written request from Landlord received not less than one hundred twenty (120) days prior 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 expiration or earlier termination of this the Lease, the HVAC mezzanine equipment, all as set forth on Exhibit G attached hereto. Tenant’s removal and disposal work must comply with the Building’s Sustainability Practices and the applicable Green Building Standards, if any. Tenant shall pay for or reimburse Landlord, as applicable, for any damage, expense or loss suffered by Landlord in connection with Txxxxx’s removal work pursuant to this Section 19. If Tenant fails to completely satisfy its removal and restoration obligations by the expiration of the Term (or within thirty (30) days after the earlier termination of this Lease or of Tenant’s right to possession), Landlord, at its Tenant’s sole cost and expense, shall be entitled (but not obligated) to cause such removal work to be done and to remove and store Tenant’s property. Landlord shall not be responsible for the value, preservation, or safekeeping of Tenant’s property. Tenant shall pay Landlord, upon demand, all of Landlord’s costs and expenses to conduct such removal work and the expenses and storage charges incurred for Tenant’s property. Alternately, Landlord may deem all or any part of Tenant’s property to be abandoned, and title to Tenant’s property shall be deemed to be immediately vested in Landlord. Tenant waives the provisions of California Civil Code Sections 1980 et seq. and 1993, et seq. governing the disposal of lost or abandoned property and releases Landlord, its personal employees, and agents from any and all claims, damages, liabilities and actions of every kind and nature whatsoever, whether now known or unknown, arising out of or relating to disposal of Tenant’s property from remaining in the Premises and repair all damage after the end of the Term. At least four (4) months prior to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case surrender of Lines exclusively serving the Premises, anywhere Tenant shall deliver to Landlord a narrative description of the actions proposed (or required by any Governmental Authority) to be taken by Tenant in order to Remediate and surrender the Premises (including any Alterations permitted by Landlord to remain 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: (iPremises) in the case of at the expiration or earlier termination of the Term, free from any Contamination and acceptable for unrestricted use and occupancy (the “Surrender Plan”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any 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 Party with respect to the Expiration DatePremises, that such Lines shall be surrendered with the Premises; and (ii) in all Hazardous Materials used, stored, handled, treated, generated, Released, or disposed of from the case Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the earlier termination Surrender Plan, upon the request of this LeaseLandlord, Tenant shall remove deliver to Landlord or its consultant such Lines Haz Mat Documents as Landlord shall request. On or before Txxxxx’s surrender of the Premises, Tenant shall deliver to Landlord evidence that the approved Surrender Plan has been satisfactorily completed and repair Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Lxxxxxxx’s environmental consultant to inspect the Premises and perform such damage promptly after receipt additional testing and procedures as may be deemed reasonably necessary to confirm that the Premises are, as of a notice the effective date of such surrender, free from any Contamination resulting from Txxxxx’s use and occupancy of the Premises. Tenant shall reimburse Landlord, as Rent, for the reasonable and actual expenses incurred by Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section 19. Landlord shall become have the property unrestricted right to deliver such Surrender Plan and any report by Lxxxxxxx’s environmental consultant with respect to the surrender of Landlord (without payment by Landlord), and the Premises to third parties. If Tenant shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably fail to prepare or submit a Surrender Plan approved by Landlord. All personal property , or if Tenant shall fail to timely complete the approved Surrender Plan, or if such Surrender Plan, whether or not approved by Landlord, shall fail to adequately address any Contamination in, on or about the Premises, Landlord shall have the right to take such actions as Landlord may reasonably deem appropriate to assure that the Premises and the Project are surrendered free from any Contamination resulting from Tenant’s use and occupancy of Tenant not removed hereunder the Premises, the cost of which actions shall be deemed, at Landlord’s option, to be abandoned reimbursed by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawTxxxxx as Rent.
Appears in 1 contract
Surrender of Premises. Upon the Expiration Date expiration or sooner termination of this Lease, Tenant shall surrender all keys for the Premises to Landlord, and exclusive possession of the Premises to Landlord broom clean and in first-class condition and repair, with all interior walls clean, repaired and in good condition normal wear and tear excepted (and casualty damage excepted if this Lease is terminated as a result thereof pursuant to Section 18), in the configuration shown in Exhibit B, except as may be subsequently modified by Landlord consent to alterations, with all of Tenant’s personal property (and those items, if any, of Tenant Changes identified by Landlord pursuant to Section 12.2 below) removed there from and all damage caused by such removal repaired, as required pursuant to Sections 12.2 and 12.3 below. 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. If, for any reason, Tenant fails to surrender the Premises on the expiration or earlier termination of this Lease, Tenant shall quietly then, in addition to the provisions of Section 9.3 below and peacefully surrender Landlord’s rights and remedies under Section 12.4 and the Premises to Landlord in the condition called for by other provisions of this Lease, Tenant shall deliver indemnify, protect, defend (by counsel approved in writing by Landlord) and hold Landlord harmless from and against any and all claims, judgments, suits, causes of action, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and court costs) resulting from such failure to Landlord surrender, including, without limitation, any keys to claim made by any succeeding tenant based thereon. The foregoing indemnity shall survive 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 expiration or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law.
Appears in 1 contract
Surrender of Premises. Upon Tenant will surrender the Expiration Date Premises to Landlord at the expiration or earlier termination of this LeaseLease in good order, Tenant shall quietly condition and peacefully repair (reasonable wear and tear, permitted Alterations and damage by casualty or condemnation excepted), and will surrender all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the condition called for by this LeasePremises or on the Property. Tenant will at such time remove all of the Tenant Property from the Premises and, shall deliver to if Landlord any keys to so requests, all specified Alterations and other improvements Tenant placed on, within the walls or ceilings of or outside the Premises, or including the Cabling. Tenant will promptly repair 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project Premises or Property caused by such removal. In additionIf Tenant does not surrender the Premises in accordance with this section, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) protect and hold harmless Landlord from and against any Claim resulting from Tenant’s delay in so surrendering the Premises, including any Claim made by any succeeding occupant founded on such delay. All Tenant Property not removed on or before the last day of the Term will be deemed abandoned, and Tenant appoints Landlord as Tenant’s agent to remove, at its Tenant’s sole cost and expense, shall remove all Lines installed by or of such abandoned property and to cause its transportation and storage for Tenant that are located within Tenant’s benefit, all at the Premises or, in the case sole cost and risk of Lines exclusively serving the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduitsTenant, and repair all damage to the Project caused by such removal as follows: (i) in the case of the expiration of the TermLandlord will not be liable for damage, Tenant shall remove such Lines and repair such damage on or before the Expiration Datetheft, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto misappropriation or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same thereof or in any manner permitted by lawin respect thereto.
Appears in 1 contract
Samples: Office Lease Agreement
Surrender of Premises. Upon the Expiration Date or earlier termination of this LeaseAgreement under Section 27, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, in the case 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 Lines exclusively serving 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, anywhere in with the Projectexception of unavoidable wear and tear through careful use and with the exception of damage by fire, includingvandalism, without limitationnatural disasters 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 the Premises during the term of this Agreement beyond normal and expected wear and tear, or as a result of damage by fire, vandalism, natural disasters or other casualty beyond the control of Permittee, 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 Building plenum, risers City shall cause the repairs to be made and all conduits, and repair all damage to charge the Project caused cost thereof against the security deposit as set forth in Subsection s below. Any balance still owing by such removal as follows: (i) Permittee in the case excess of the expiration of the Term, Tenant security deposit shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least be due within thirty (30) calendar days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier invoice. All equipment and other property of the City on the Premises shall remain the property of the City after the termination of this LeaseAgreement. No fixtures, Tenant whether or not purchased by Permittee, shall remove such Lines be removed from the Premises without the permission of the City. An inventory of City property and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repairequipment will be performed before release. Any Lines not required to be removed pursuant to this Section shall property of Permittee remaining on the Premises thirty (30) calendar days after surrender of the building will become the property of Landlord (without payment by Landlord)the City. Notwithstanding the preceding, Xxxxxxxxx must immediately surrender the Premises and shall be surrendered remove all property therefrom in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property the event Permittee no longer meets the insurance requirements of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawSection 17.c.
Appears in 1 contract
Samples: Use Agreement
Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, 7.01 Tenant shall quietly and peacefully surrender the Premises to Landlord in at the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this LeaseLease broom clean and in the same condition as they were at the beginning of the term, Tenant, at its cost reasonable wear and expense, shall remove all of its personal property from the Premises tear and repair all damage by fire or other casualty not due to the Project caused misuse or neglect by such removalTenant or Tenant’s agents, servants, visitors or licensees excepted. In addition, Tenant, at its cost and expense, shall remove all 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 Prior 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise as it relates to wiring and cabling), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair such any damage promptly after receipt of a notice resulting from Landlord requiring such removal and repairshall restore the Property to good order and condition. Any Lines of Tenant’s personal property not removed as required to shall be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord)deemed abandoned, and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at LandlordTenant’s optionexpense, to be abandoned by Tenant and Landlord maymay remove, without any liability to Tenant for loss store, sell or damage thereto or loss otherwise dispose of use thereof, store such property in Tenant’s name at Tenant’s expense such manner as Landlord may see fit and/or dispose Landlord may retain such property or sale proceeds as its property. If Xxxxxx does not return possession of the same Premises to Landlord in any manner permitted the condition required under this Lease, Tenant shall pay Landlord the reasonable costs incurred by lawLandlord in putting the Premises in the condition so required, which obligation shall survive expiration or termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease or Tenant's right to possess the Premises, Tenant shall (a) deliver to Landlord the Premises broom-clean with all improvements located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on the Premises during the Term; (b) deliver to Landlord all keys to the Premises and all access cards to the Project; (c) remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal); (d) remove any and all cabling (including conduit) installed in the Premises or elsewhere in the Project by or on behalf of a Tenant Party, including all connections for such cabling, at Tenant's sole cost or, if Landlord so elects, Landlord may perform such removal at Tenant's sole cost, with the cost thereof to be paid to Landlord as Rent (Landlord will have the right, however, upon notice to Tenant, given prior to the expiration or earlier termination of this Leasethe Term, to require Tenant shall quietly to abandon and peacefully surrender leave in place, without additional payment to Tenant or credit against Rent, any and all such cabling [including conduit], whether located in the Premises to Landlord or elsewhere in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to if 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 Termso elects, 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, covenants that such Lines cabling shall be surrendered left in a neat and safe condition in accordance with the Premises; and (ii) in requirements of all applicable Laws, including the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord)National Electric Code or any successor statute, and shall be surrendered in good condition and working orderterminated at both ends of a connector, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant each end and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law.each electrical closet and junction box); and
Appears in 1 contract
Surrender of Premises. Upon the Expiration Date expiration or earlier termination of this LeaseLease or termination of Tenant's right of possession of the Premises, Tenant shall quietly surrender and peacefully surrender vacate the Premises immediately and deliver possession thereof to Landlord in the condition called for by this Leasea clean, good and tenantable condition, ordinary wear and tear, condemnation, fire or other casualty and repairs which are Landlord's obligation hereunder excepted. Upon any termination, Tenant shall deliver be entitled 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises all movable trade fixtures and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant (including, but not limited to, wall and floor mounted cabinets, computer and telecommunications equipment, generator, antennae batteries and other trade fixtures) without credit or compensation from Landlord, provided Tenant immediately shall repair all damage resulting from such removal and shall restore the Premises to a tenantable condition. In the event possession of the Premises is not immediately delivered to Landlord or if Tenant shall fail to remove any movable trade fixtures or personal property which Tenant is entitled to remove, Landlord may remove same without any liability to Tenant. Any movable trade fixtures and personal property which may be removed hereunder from the Premises by Tenant, but which are not so removed, shall be deemed, at Landlord’s option, conclusively presumed to be have been abandoned by Tenant and title to such property shall pass to Landlord without any payment or credit, and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereofat its option and at Tenant's expense, store such property in Tenant’s name at Tenant’s expense and/or dispose of such property. Upon Tenant's written request, Landlord agrees to subordinate any statutory landlord lien rights it may have against the same equipment or trade fixtures of Tenant located in the Building, to the rights of any manner permitted by lawexisting or future lender of Tenant, provided such subordination agreement is in form and substance reasonably acceptable to Landlord.
Appears in 1 contract
Surrender of Premises. Upon On the Expiration Date last day, or earlier permitted termination of this Leasethe Lease term, Tenant shall quietly quit and peacefully surrender the Leased Premises in good and orderly condition and repair (reasonable wear and tear, Initial: Landlord ___ and damage by fire or other casualty excepted) and shall deliver and surrender the Leased Premises to the Landlord in the condition called for by this Leasepeaceably, shall deliver to Landlord any keys together with all alterations and improvements 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 Leased Premises. On or before Subject to the Expiration Date or earlier termination provisions of this LeaseParagraph 18, Tenantthe Landlord reserves the right, however, to require the Tenant at its cost and expenseexpense to remove any alterations or improvements installed by the Tenant, and restore the Leased Premises to its original state, normal wear and tear excepted. Prior to the expiration of the Lease term the Tenant shall remove all of its personal property property, fixtures, equipment and trade fixtures from the Premises Leased Premises. All property not removed by Tenant shall be deemed abandoned by Tenant, and repair all damage Landlord reserves the right to charge the reasonable cost of such removal to the Project caused Tenant. Unless Landlord and Tenant mutually acknowledge in writing that they are then engaged in good faith negotiations for an extension of this Lease, if the Leased Premises are not surrendered at the end of the Lease term, the Tenant shall be liable for 150% of the rent then payable at such time, and Tenant shall indemnify Landlord against loss or liability resulting from delay by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within in surrendering the Premises or, in the case of Lines exclusively serving the Leased Premises, anywhere in the Project, including, without limitation, limitation any claims made by any succeeding tenant founded on the Building plenum, risers and all conduitsdelay, and repair all damage to the Project caused any loss of income suffered 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 Landlord. Within thirty (30) days prior to after cessation of the Expiration Dategood faith negotiations without any agreement for the extension of this Lease having been achieved, that such Lines the Tenant shall be surrendered become liable in accordance with the Premises; and (ii) in immediately preceding sentence. These covenants shall survive the case termination of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law.
Appears in 1 contract
Samples: Lease Agreement (Xenogen Corp)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises to Landlord with all improvements located therein in the condition called for in which it was received, free of Hazardous Materials placed on the Premises during the Term, with all Cables removed if requested by this LeaseLandlord under the provisions of Section 25 below, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 above, respectively, shall control) excepted, and shall deliver to Landlord any all 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, Tenant, at its cost and expense, shall remove Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Building or Project caused (including Tenant’s Off-Premises Equipment, if any) by Tenant (but Tenant may not remove any such item that was paid for, in whole or in part, by Landlord unless Landlord requires such removal). In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment (including Tenant’s Off-Premises Equipment, if any), and furniture as Landlord may request; however, Tenant shall not be required to remove any alteration, addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing at the time Landlord consented to any such Alterations as provided in Section 8(a) that the alteration, addition or improvement in question need not be removed. Tenant shall reasonably repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, become the property of Landlord without additional payment to Tenant or credit against Rent be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items. The provisions of this Section 20 shall survive the expiration or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose earlier termination of the same in any manner permitted by lawTerm.
Appears in 1 contract
Samples: Lease Agreement (Hipcricket, Inc.)
Surrender of Premises. Upon On the Expiration Date expiration of the Term or earlier sooner termination of this Lease, Tenant shall quietly shall, at Tenant's own cost, (a) promptly and peacefully peaceably surrender the Premises to Landlord "broom clean," in the condition called for by this Lease, shall deliver to Landlord good order and condition; (b) repair any keys damage to the Premises, Shopping Center caused by or in connection with the removal of 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within at the Premises ordirection of Tenant; (c) repair, patch and paint in a good and workmanlike manner satisfactorily to Landlord all holes and other marks in the case floors, walls and ceilings 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 (iid) deliver all keys to the Premises to Landlord. Before surrendering the Premises, Tenant shall, at Tenant's sole cost, remove Tenant's movable personal property and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord, remain in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become Premises as the property of Landlord without compensation; however, Tenant shall not remove any personal property or trade fixtures from the Premises without Landlord's prior written consent if such removal will impair the structure of the Shopping Center or if Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et. seq., of the TTtah Code Arm. (without payment or any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Landlord)Tenant or by Landlord for Tenant, and shall be surrendered in good to restore the Premises to their condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlordon the date of this Lease. All personal property, trade fixtures and other property of Tenant not removed hereunder from the Premises on the abandonment of the Premises or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemeddeemed to have been abandoned and may be appropriated, at Landlord’s optionsold, to be abandoned stored, destroyed or otherwise disposed of by Tenant Landlord without notice to, and Landlord may, without any liability obligation to account to, Tenant for loss or damage thereto or loss any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose excess of any amount received by Landlord from such disposition. No surrender of Premises shall be effected by Landlord's acceptance of the same keys or of the rent or by any other means without Landlord's written acknowledgement of such acceptance as a surrender. Tenant shall not be released from Tenant's obligations under this Lease in any manner permitted by lawconnection with surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release.
Appears in 1 contract
Surrender of Premises. Upon the Expiration Date expiration or earlier sooner termination of this Lease, Tenant shall quietly surrender all keys for the Premises and peacefully surrender exclusive possession of the Premises to Landlord broom clean and in good condition and repair, reasonable wear and tear excepted (and casualty damage excepted), with all of Tenant’s personal property, electronic, fiber, phone and data cabling and related equipment that is installed by or for the condition called for exclusive benefit of Tenant (to be removed in accordance with the National Electric Code and other applicable Laws) and those items, if any, of Alterations identified by this LeaseLandlord pursuant to Section 13.2, removed therefrom and all damage caused by such removal repaired. Tenant shall deliver have no obligation to Landlord any keys to remove the Premises, initial Tenant Improvements upon the expiration or any other portion sooner termination of the Project, and shall provide Lease. If Tenant fails to Landlord remove by the combination expiration or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier sooner termination of this Lease, Tenant, at its cost and expense, shall remove Lease all of its personal property from the Premises and repair all damage to the Project caused Alterations identified by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or Landlord 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord)13.2, and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, (without any liability to Tenant for loss or damage thereto or loss of use thereof), store such property in Tenant’s name at Tenant’s expense sole cost and in addition to Landlord’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable Law; and/or dispose (b) upon ten (10) days’ prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable Law. Landlord shall apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including Landlord’s attorneys’ fees and other costs incurred in the same in removal, storage and/or sale of such items), with any manner permitted by lawremainder to be paid to Tenant.
Appears in 1 contract
Samples: Office Lease (Alteryx, Inc.)
Surrender of Premises. Upon the Expiration Date expiration or earlier sooner termination of the of this Lease, including any extension or renewal hereof, and if Tenant shall quietly has fully and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion faithfully performed all of the Projectterms, conditions 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 covenants of this LeaseLease to be performed by Tenant, Tenantbut not otherwise, Tenant shall, at its sole cost and expense, shall remove its interior and exterior signs and all of its personal property movable trade fixtures and equipment and such other movable items Tenant has installed or placed on the Premises (all of which are hereinafter referred to as "Tenant's property") from the Premises and repair all damage to the Project caused by damages thereto resulting from such removal, and Tenant shall thereupon surrender the Premises in the same condition as they were on the date Tenant opened for business, except for permitted alterations and modifications as provided herein and reasonable wear and tear (including damage thereto which Tenant is not required to repair) excepted. If Tenant has not fully and faithfully performed all of the terms, conditions and covenants of this Lease to be performed by Tenant, Tenant shall nevertheless remove Tenant's property from the Premises in the manner aforesaid within fifteen (15) days after receipt of written direction to do so from Landlord. In additionthe event Tenant shall fail to remove any of Tenant's property as provided herein, TenantLandlord may, at its cost and expensebut is not obligated to, shall remove all 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, Tenant's property and repair all damage to the Project caused by Premises resulting from such removal as follows: removal, and store the same in any public or private warehouse, all at Tenant's expense. Tenant shall pay to Landlord interest at the rate of ten percent (i10%) in the case of the expiration storage costs per annum from the date of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and . Landlord shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any have no liability to Tenant for any loss or damage thereto to Tenant's property caused or loss of use thereof, store resulting from such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawremoval or otherwise.
Appears in 1 contract
Samples: Lease (Allergy Research Group Inc)
Surrender of Premises. Upon Tenant will surrender the Expiration Date Premises to Landlord at the expiration or earlier termination of this LeaseLease in good order, Tenant shall quietly condition and peacefully repair, reasonable wear and tear, Casualty and Taking and Landlord’s repair and maintenance and other obligations hereunder excepted, and will surrender all keys to the Premises to Landlord in the condition called for by this Lease, shall deliver Property Manager or to Landlord any keys at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise directs. Tenant will at such time remove all of Tenant’s Personal Property from the Premises and, provided that Landlord notified Tenant in writing at the time of Landlord’s consent to the Premisesa Major Alterations, or any other portion as provided pursuant to Section 8.1 above, that removal of such portions of the ProjectMajor Alterations was required, and shall provide to Landlord the combination or code of locks all such specified Alterations Tenant placed on all safes, cabinets, vaults and security systems in the Premises. On Tenant will promptly repair any damage to the Premises caused by such removal. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, that Tenant is allowed to leave at the Premises. To the fullest extent allowable under the Laws, Tenant will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties from and against any Claims resulting from Tenant’s failure or before delay in surrendering the Expiration Date Premises in accordance with this Section. Following the expiration or earlier termination of the Term of this Lease, Tenantsubject to applicable Laws, at its cost and expense, shall all property of Tenant not removed on or before the last day of the Term is deemed abandoned. Landlord may remove all of its personal such abandoned property from the Premises and repair all damage to cause its transportation and storage in a public warehouse or elsewhere at the Project caused by such removal. In addition, cost and for the account of Tenant, at its cost and expense, shall remove all Lines installed by or for if Tenant that are located within fails to pay 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and storage charges therefor Landlord may, subject to applicable Laws, cause such property to be sold or otherwise disposed of without further obligation or any liability accounting to Tenant Tenant. Except to the extent arising from landlord’s negligence or willful misconduct. Landlord will not be liable for loss or damage thereto damage, theft, misappropriation or loss of use thereof, store any such property in Tenant’s name at Tenant’s expense and/or dispose of the same or in any other manner permitted by lawin respect thereto.
Appears in 1 contract
Samples: Lease Agreement (UserTesting, Inc.)
Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case sooner termination of the earlier termination of this Lease, Tenant shall remove quit and surrender to Landlord the Premises, broom clean, in good order and condition, normal wear and tear and damage by fire and other casualty which are Landlord’s obligation excepted. All Tenant Improvements and other fixtures, such Lines as light fixtures and repair such damage promptly after receipt of a notice from Landlord requiring such removal HVAC equipment (other than supplemental HVAC units, generators or other personal property installed by Tenant in the Premises), wall coverings, carpeting and repairdrapes, in or serving the Premises, whether installed by Tenant or Landlord, shall be Landlord’s property and shall remain in the Premises, all without compensation, allowance or credit to Tenant. Any Lines property not required removed shall be deemed to have been abandoned by Tenant and may be retained or disposed of by Landlord at Tenant’s expense free of any and all claims of Tenant, as Landlord shall desire. All property not removed pursuant from the Premises by Tenant may be handled or stored by Landlord at Tenant’s expense and Landlord shall not be liable for the value, preservation or safekeeping thereof. At Landlord’s option all or part of such property may be conclusively deemed to this Section shall become the property have been conveyed by Tenant to Landlord as if by xxxx of Landlord (sale without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of The Tenant not removed hereunder shall be deemed, at Landlord’s optionhereby waives, to be abandoned by Tenant and Landlord maythe maximum extent allowable, without any the benefit of all laws now or hereafter in force in the State of North Carolina or elsewhere exempting property from liability to Tenant for loss rent or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawfor debt.
Appears in 1 contract
Surrender of Premises. Upon Tenant will surrender the Expiration Date Premises to Landlord at the expiration or earlier termination of this LeaseLease in good order, Tenant shall quietly condition and peacefully surrender repair, reasonable wear and tear, permitted Alterations and damage by casualty or condemnation excepted, and will sin-render all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant's payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the condition called for by this Lease, shall deliver to Landlord any keys to Premises or on 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 PremisesProperty. On or before the Expiration Date or earlier termination of this Lease, Tenant, Tenant will at its cost and expense, shall such time remove all of its personal property from the Premises and (if Landlord so notified Tenant at the time Landlord approved such Alterations) all specified Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair all any damage to the Project Premises caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for If Tenant that are located within does not surrender the Premises orin accordance with this section, Tenant will release, indemnify, defend (with counsel reasonably acceptable to Landlord) protect and hold harmless Landlord from and against any Claim resulting from Tenant's delay in the case of Lines exclusively serving so surrendering the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused any Claim made by any succeeding occupant founded on 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlorddelay. All personal property of Tenant not removed hereunder shall be deemedon or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant's agent to remove, at Landlord’s optionTenant's sole cost mad expense, all of Tenant's property from the Premises upon termination of this Lease and to be abandoned by Tenant cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant, and Landlord maywill not be liable for damage, without any liability to Tenant for loss or damage thereto theft, misappropriation or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same thereof or in any manner permitted by lawin respect thereto.
Appears in 1 contract
Surrender of Premises. Upon Tenant will surrender the Expiration Date Premises to Landlord at the expiration or earlier termination of this LeaseLease in good order, Tenant shall quietly condition and peacefully repair, reasonable wear and tear, Casualty and Taking excepted, and will surrender all keys to the Premises to Landlord in the condition called for by this Lease, shall deliver Property Manager or to Landlord any keys to at the Premises, place then fixed for Tenant’s payment of Basic Rent or any other portion of the Project, and shall provide to as Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the PremisesProperty Manager otherwise directs. On or before the Expiration Date or earlier termination of this Lease, Tenant, Tenant will at its cost and expense, shall such time remove all of its personal property Tenant’s Personal Property from the Premises Property and the “boom room” in accordance with Section 8.3. Tenant will promptly repair all any damage to the Project Premises or the Property caused by such removal. In additionTenant will also inform Landlord of all combinations on locks, safes and vaults, if any, that Tenant is allowed to leave at the Property. To the fullest extent allowable under the Laws, Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties from and against any Claims resulting from Tenant, at its cost and expense, shall remove all Lines installed by ’s failure or for Tenant that are located within delay in surrendering the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Projectaccordance with this Section, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused any Claims made by any succeeding occupant founded on 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlorddelay. All personal property of Tenant not removed hereunder shall be deemedon or before the last day of the Term is deemed abandoned. Landlord may remove all such abandoned property from the Property and cause its transportation and storage in a public warehouse or elsewhere at the cost and for the account of Tenant, at Landlord’s option, and if Tenant fails to pay the storage charges therefor Landlord may cause such property to be abandoned by Tenant and sold or otherwise disposed of without further obligation or any accounting to Tenant. Landlord maywill not be liable for damage, without any liability to Tenant for loss or damage thereto theft, misappropriation or loss of use thereof, store any such property in Tenant’s name at Tenant’s expense and/or dispose of the same or in any other manner permitted by lawin respect thereto.
Appears in 1 contract
Samples: Office Lease Agreement (Fender Musical Instruments Corp)
Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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, or sooner termination of the Lease, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, normal wear and tear and damage by fire and other casualty excepted, and prior to the expiration or sooner termination of this Lease Tenant shall remove such Lines and repair such damage on or before from the Expiration Date, unless Premises any Alterations that Tenant is required by Landlord notifies Tenant, at least thirty (30) days prior to remove under the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination provisions of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt all of a notice from Landlord requiring such removal Tenant’s furniture, equipment and repairother personal property (including, without limitation, all voice and data and other wiring and cabling) and trade fixtures. Any Lines property not required removed shall be deemed to have been abandoned by Tenant and may be retained or disposed of by Landlord at Tenant’s expense free of any and all claims of Tenant, as Landlord shall desire. All property not removed pursuant from the Premises by Tenant may be handled or stored by Landlord at Tenant’s expense and Landlord shall not be liable for the value, preservation or safekeeping thereof. At Landlord’s option all or part of such property may be conclusively deemed to this Section shall become the property have been conveyed by Tenant to Landlord as if by xxxx of Landlord (sale without payment by Landlord). Neither the provisions of this Article 14 nor any other provision of this Lease shall impose upon Landlord any obligation to care for or preserve any of Tenant’s property left upon the Premises, and shall be surrendered Tenant hereby waives and releases Landlord from any claim or liability in good condition and working order, lien free, and properly labeled connection with an identification system reasonably approved by Landlord. All personal property the removal of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property from the Premises and the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to such release. Tenant hereby waives to the maximum extent allowable the benefit of all laws now or hereafter in Tenant’s name at Tenant’s expense and/or dispose of the same force in any manner permitted by lawthis state or elsewhere exempting property from liability for rent or for debt.
Appears in 1 contract
Samples: Office Lease (Intersil Corp/De)
Surrender of Premises. Upon a. On the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly immediately (i) quit and peacefully surrender the Premises to Landlord Landlord; (ii) remove from the Premises all of Tenant's Personal Property and repair any damage caused by that removal; (Hi) remove all cable and communications wires (collectively, "Cables," as that term is defined in the condition called for by this Lease2002 National Electric Code, shall deliver Section 800.52) that Tenant installed or caused to Landlord any keys to be installed in horizontal and vertical spaces in the Premises, or in any plenum areas above the Building's ceiling, under any raised floor in the Building, and in any other portion riser and communication areas in the Building; (iv) restore the Premises to their permitted use condition, exclusive of ordinary wear and tear; (v) clean the ProjectPremises, including, but not limited to, all walls, floors, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems carpeting in the Premises. On ; (vi) remove or cause to be removed all debris and rubbish from the Premises; (vii) remove any and all Hazardous Substances from the Premises (except for any Hazardous Substances existing on the Premises before the Expiration Date date of this Lease); (viii) execute any requested bills of sale for Premises Alterations permitted by Landlord to remain in the Premises, free of any and all liens and encumbrances; (ix) surrender any keys, electronic ID cards, and other access control devices to Landlord at the place then fixed for the payment of Rent; and (x) perform all other obligations required of Tenant under the terms of this Lease (e.g., removal of Premises Alterations if required by Landlord, as provided in Section 10.b above). If Tenant fails to remove any of its Personal Property on the expiration or earlier termination of this Lease, Tenantthen all remaining Personal Property located in the Premises shall conclusively be deemed abandoned, and Landlord may, at its cost option, remove that Personal Property in any manner that Landlord shall choose, and expensestore the Personal Property, shall remove without liability to Tenant for loss of the Personal Property. Tenant agrees to pay Landlord on demand any and all expenses incurred in this removal and storage of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 Projectabandoned Personal Property, including, without limitation, court costs and attorneys' fees and storage charges for any length of time that the Building plenum, risers and all conduits, and repair all damage to the Project caused by such removal as follows: Personal Property is in Landlord's possession. If Tenant does not both (i) claim and take delivery of any of Tenant's Personal Property that remains in the case of Premises or in storage within ten (10) days after the expiration or earlier termination 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; this Lease and (ii) in pay Landlord all amounts due under this Lease and all costs of removal and storage of that Personal Property, then Landlord may, at its option, without notice, sell the case Personal Property at private sale and without legal process, for any price that Landlord may obtain, and apply the proceeds of the earlier termination sale to any amounts due under this Lease from Tenant to Landlord and to the expenses incident to the removal and sale of the Personal Property.
b. Tenant shall indemnify Landlord for any loss or liability resulting from any delay by Tenant in surrendering the Premises to Landlord as provided in this Section 33.
c. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of not work a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord)merger, and shall be surrendered in good condition and working ordershall, lien freeat the option of Landlord, operate as an assignment to Landlord of any subleases or subtenancies, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s optionin its sole discretion, to be abandoned by Tenant and Landlord may, without may terminate any liability to Tenant for loss subleases or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawsubtenancies.
Appears in 1 contract
Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 At the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before surrender the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior Premises to the Expiration DateLandlord suitable for general office and lab use only and in a first class condition, that such Lines reasonable wear and tear excepted. All hazardous materials shall be surrendered with removed, premises shall be free of contamination as s discussed in article 6 Hazardous Materials. Tenant shall surrender all keys to the Premises; Premises to Landlord’s managing agent or to Landlord at the place then fixed for the payment of Base Rent and (ii) in the case shall inform Landlord of the earlier termination of this Leaseall combinations on locks, safes and vaults, if any. Tenant shall remove such Lines all of its property there from and repair such damage promptly after receipt of a notice from Landlord requiring such removal all alterations and repairimprovements placed thereon by Tenant including but not limited to Tenant’s laboratory installations, equipment, machinery, etc. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved as directed by Landlord. All personal Tenant shall repair any damage to the Premises caused by such removal, and any and all such property of Tenant not so removed hereunder shall be deemedshall, 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 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 delay by Tenant in so surrendering the Premises, including without limitation, any claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the Term shall be abandoned by deemed abandoned. Tenant hereby appoints Landlord its agent to remove, at Tenant’s cost, all property of Tenant 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 and Landlord mayshall not be liable for damage, without any liability to Tenant for loss or damage thereto theft, misappropriation or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same thereof and Landlord shall not be liable in any manner permitted by lawin respect thereto.
Appears in 1 contract
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to Landlord in the condition called for by this Leasewhich Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord any all 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, Tenant, at its cost and expense, shall remove Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused 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). In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose cost after notice to Tenant but 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 same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease.
Appears in 1 contract
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, with all Cables removed if requested by Landlord under the provisions of Section 25 below, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 above, respectively, shall control) excepted, and shall deliver to Landlord any all keys to the Premises. Provided that no Event of Default then exists, or any other portion of the ProjectTenant may remove all unattached trade fixtures, furniture, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems personal property placed in the Premises. On Premises or before elsewhere in the Expiration Date Building or earlier termination of this LeaseProject (including Tenant’s Off-Premises Equipment, Tenantif any) by Tenant (but Tenant may not remove any such item that was paid for, at its cost and expensein whole or in part, shall remove all of its personal property from the Premises and repair all damage to the Project caused by Landlord unless Landlord requires such removal). In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment (including Tenant’s Off-Premises Equipment, if any), and furniture as Landlord may request; however, Tenant shall not be required to remove any alteration, addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the alteration, addition or improvement in question need not be removed; and provided further, that Tenant shall not be required to remove any of the Tenant Improvements (other than Cables, which Tenant shall be required to remove on the terms set forth in Section 26(b), below). Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, become the property of Landlord without additional payment to Tenant or credit against Rent be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items. The provisions of this Section 20 shall survive the expiration or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose earlier termination of the same in any manner permitted by lawTerm.
Appears in 1 contract
Samples: Lease Agreement (Glu Mobile Inc)
Surrender of Premises. Upon At the Expiration Date expiration of the Term or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord broom swept, in the first-class condition called for and repair (damage by this Leaseacts of God, shall deliver to Landlord any keys to the Premisescasualty, and normal wear and tear excepted), but with all interior walls, appliances, cabinetry, exclusive use bathrooms and carpets and floors cleaned, and free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or any other portion released or disposed of the Projectfrom, 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises for which Tenant is liable or responsible for pursuant to this Lease and repair released of all damage to the Project caused by such removalHazardous Materials Permits (collectively, “Hazardous Materials Operations”). In addition, Tenant, at its cost and expense, shall remove all 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: At least six (i6) 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 months prior to the Expiration Date, that such Lines Tenant shall deliver to Landlord a written description of the actions proposed to be taken by Tenant or required by any governmental authority in order to surrender the Premises (including removal of any Specialty Alterations and any other Tenant’s Property which Tenant is obligated to remove) at the expiration or earlier termination of the Term, free from any residual impact from the Hazardous Materials Operations and otherwise released for unrestricted use and occupancy (the “Surrender Plan”). Such Surrender Plan shall be surrendered accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf Tenant or any Tenant Party with respect to the Premises; , and (ii) in all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord)Premises, and shall be surrendered in good condition subject to the review and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property approval of Tenant not removed hereunder shall be deemed, at Landlord’s optionenvironmental consultant, such approval not to be abandoned by unreasonably withheld or delayed. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning the Hazardous Materials Operations as Landlord or Landlord’s mortgagee shall reasonably request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord mayshall have the right, without any liability subject to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name reimbursement at Tenant’s expense and/or dispose of as set forth below, to cause Landlord’s environmental consultant to inspect the same in any manner permitted by law.Premises and
Appears in 1 contract
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements, alterations and additions located therein and the Leased Personal Property in good repair and condition, free of Hazardous Materials placed on the Premises by Tenant or any Tenant Party during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 13 and 14 shall control) excepted, and shall deliver to Landlord any all keys to the Premises, . Upon expiration 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines all trade fixtures, furniture, and personal property placed in the Premises by Tenant. Tenant shall not be required to remove any improvement, alterations or additions to the Premises installed by Tenant as prot of Tenant's initial construction work, and Tenant shall not remove any other improvement, alteration or addition to the Premises installed by Tenant unless Landlord required in writing (at the time that Landlord consented to the installation) that the improvement, alteration or addition in question be removed or if Landlord otherwise permits Tenant to remove same. Tenant shall repair such all damage promptly after receipt of a notice from Landlord requiring caused by any such removal and repairrequired or agreed to by Landlord. Any Lines not All items required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant but not so removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord mayin accordance with California Civil Code §1983, without any liability to Tenant for loss or damage thereto or loss et seq. The provisions of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose this Section 20 shall survive the expiration of the same in any manner permitted by lawTerm.
Appears in 1 contract
Surrender of Premises. Upon On the Expiration Date last day, or earlier permitted termination of this Leasethe lease term, Tenant shall quietly quit and peacefully surrender the Premises to Landlord leased premises in the good and orderly condition called for and repair (reasonable wear and tear, and damage by this Lease, fire or other casualty excepted) and shall deliver to Landlord any keys and surrender the leased premises to the PremisesLandlord peaceably, together with all alterations, additions and improvements in, to or any other portion of on the Projectleased premises made by Tenant as permitted under the lease. The Landlord reserves the right, and shall provide however, to Landlord require 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, Tenant, Tenant at its cost and expenseexpense to remove any alterations or improvements installed by the Tenant and not permitted or consented to by the Landlord pursuant to the terms and conditions of the lease, so as to restore the leased premises to the condition found at the inception of the lease term, which covenant by Tenant shall survive the surrender of the leased premises as provided hereunder. Prior to the expiration of the lease term the Tenant shall remove all of its personal property property, fixtures, equipment and trade fixtures from the Premises leased premises. All property not removed by Tenant shall be deemed abandoned by Tenant, and repair all damage Landlord reserves the right to charge the reasonable cost of removal, storage and disposal of the same to the Project caused by such removal. In addition, Tenant, which obligation shall survive the lease termination and surrender hereinabove provided. If the leased premises be not surrendered at its cost and expensethe end of the lease term, Tenant shall remove all Lines installed indemnify Landlord against loss or liability resulting from delay by or for Tenant that are located within in surrendering the Premises or, in the case of Lines exclusively serving the Premises, anywhere in the Project, leased premises including, without limitation, any claims made by any succeeding tenant founded on 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawdelay.
Appears in 1 contract
Samples: Lease Agreement (Andrx Corp)
Surrender of Premises. Upon the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in good condition, except for ordinary wear and tear and any casualty or condemnation damage not required to be repaired or restored by Tenant pursuant to the condition called for by terms of this Lease. All Alterations (including the Work) shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease unless Landlord, at the time that Landlord consented to such Alteration, indicated that such Alteration must be removed upon the expiration or termination of the Lease Term in which case Tenant shall deliver remove such Alteration and repair any resulting damage at Tenant’s sole expense. Notwithstanding the foregoing, if Tenant initially builds out the Premises to serve as its corporate headquarters or otherwise builds out the Premises so that at least [***] of the Rentable Area is built out as traditional office space, Landlord shall not have the right to require Tenant to remove any keys of the Work except that Landlord may require Tenant to remove (and repair any damage caused by such removal) any of the Premises, or following: (i) structural penetrations such as interior stairways (but not floor outlets); (ii) any data rooms in excess of 10,000 square feet; (iii) any kitchen/food preparation area in excess of 2,000 square feet; and (iv) any other portion of the Projectitems specifically addressed in Sections 8.02, 8.05, 9.04 and 9.05, Article 26, and shall provide to Landlord the combination Addendum 5 of this Lease. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or code of locks on all safes, cabinets, vaults and security systems installed by Tenant at its expense in the Premises. On or before Premises shall be and remain the Expiration Date property of Tenant; and upon the expiration or earlier termination of this Lease, TenantTenant shall, at its cost and sole expense, shall remove all of its personal property from such items and repair any damage to the Premises and repair all damage to or the Project caused by such removal. In addition, Tenant, at its cost and expense, shall If Tenant fails to remove all Lines installed by any such items 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt the expiration or earlier termination of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord)Lease, and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any but need not, do so with no liability to Tenant, and Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of shall pay Landlord the same in any manner permitted by lawcost thereof upon demand.
Appears in 1 contract
Samples: Office Lease (McData Corp)
Surrender of Premises. Upon the Expiration Date Date, termination, or earlier termination Default of this Leasethe Lease in which Xxxxxx's right to possession is terminated, Xxxxxx shall surrender and vacate the Premises immediately and deliver vacant possession to Landlord in a clean, good, and tenantable condition, except for reasonable use and ordinary wear and tear, and generally in the condition described on Exhibit H attached hereto. Movable trade fixtures and personal property shall be removed from the Premises if Xxxxxx has fulfilled all Lease obligations, unless instructed otherwise by Landlord. All telephone, communication and data lines, cables, electrical equipment, HVAC or other upgrades owned, installed or caused to be installed by Tenant in the Premises or in the plenum of the Building shall not be removed by Tenant unless otherwise required by Landlord. Upon Tenant vacating the Premises, Xxxxxx agrees at Landlord's option to leave all wiring properly identified. All items authorized to be removed but subsequently not removed shall, at Landlord's option but subject to Nevada law, be presumed to have been abandoned by Tenant, and title thereto shall pass to Landlord, or Landlord may, at its option, either store or dispose of these items at Tenant's expense, and Tenant waives all Claims against Landlord for any damages resulting from Xxxxxxxx's retention and disposition of such property. If any Tenant-Made Alterations have been made by Tenant, with or without Landlord's approval, Tenant shall quietly shall, at its expense, and peacefully surrender upon request of Landlord, restore the Premises to Landlord in their original condition. Tenant shall repair any damage caused by the condition called for by this Lease, shall deliver to Landlord any keys to removal of Xxxxxx's movable trade fixtures and personal property and such Tenant-Made Alterations upon surrender of the Premises, ; provided that if Tenant's removal and restoration work would damage or any other portion otherwise affect the structure of the ProjectPremises or the Building, 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, Tenantmay, at its option, elect to perform such removal and restoration work, at Tenant's sole cost and expense, in which case Tenant shall remove reimburse Landlord therefor upon demand. Tenant shall also deliver all of its personal property from keys for the Premises as specified by Landlord, and repair inform Landlord of all damage to the Project caused by such removal. In additioncombinations on locks, Tenant, at its cost safes and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, any vaults 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law.
Appears in 1 contract
Samples: Lease Agreement (Boxabl Inc.)
Surrender of Premises. Upon the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly and peacefully peaceably surrender the Premises to Landlord broom-clean and in the same condition called as on the date Tenant took possession (a) except for reasonable wear and tear, loss by this Lease, shall deliver to Landlord any keys to the Premises, fire or any other portion of the Projectcasualty and loss by condemnation, and (b) with all removal, restoration and/or repairs required pursuant to Section 11.3 above and this Article 24 completed. Tenant’s Property shall provide to Landlord be and shall remain the combination or code property of locks on all safesTenant and may be removed by Tenant at any time during the Term; provided that, cabinetsif any of Tenant’s Property is removed, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, Tenant shall remove all of its personal property from the Premises and promptly repair all any damage to the Project caused by Premises or to the Building resulting from such removal. In additionIf 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 deemed abandoned, and, at its cost and expenseLandlord’s option, title shall pass to Landlord under this Lease as by a bxxx of sale. If Landlord elects to remove all Lines installed by or for Tenant that are located within any part of such Tenant’s Property, the Premises orreasonable cost of removal, in the case storage and disposal of Lines exclusively serving the Premises, anywhere in the ProjectTenant’s Property, including, without limitation, the Building plenum, risers and all conduits, and repair all repairing any damage to the Project Premises or Building caused by such removal as follows: (i) removal, shall be paid by Tenant. On the Expiration Date, Tenant shall surrender all keys, parking cards and other means of entry to the Premises, the Building and the Project, and shall inform Landlord of the combinations and access codes for any locks and safes located in the case Premises. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring (“Telecom Wiring”) and any other components of Tenant’s Telecommunications System shall be removed at Tenant’s cost at the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenanthas specifically requested in writing that the Telecom Wiring shall remain, at least thirty (30) days prior to whereupon the Expiration Date, that such Lines Telecom Wiring shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Premises as Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawproperty.
Appears in 1 contract
Samples: Office Lease (HF Enterprises Inc.)
Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease(a) Prior to Lease end, Tenant shall, at Tenant’s sole cost and expense:
(i) remove only Tenant’s Property (excluding Tenant’s voice and data lines, wiring, cabling and facilities), and all other property shall, unless otherwise directed by Landlord in accordance with this Paragraph 17.1, remain in the Premises as the property of Landlord without compensation; provided, however, that (A) Tenant shall quietly not remove Tenant’s Property from the Premises without Landlord’s prior consent if such removal will impair or damage the structure of the Building, and peacefully (B) at Landlord’s option, Landlord may, at Lease end, remove Tenant’s voice and data lines, wiring, cabling and facilities in accordance with the National Electric Code, as amended, and Tenant shall reimburse Landlord for the reasonable cost of such removal within thirty (30) days after receipt of an invoice therefor;
(ii) repair any damage to the Property caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant (including, without limitation, damaged wall areas exposed by the removal of pictures, video screens, white boards or other hangings); provided, however, that any painting in connection with such repair shall include only the damaged areas, and Tenant shall not be responsible to paint other areas to address discoloration; and
(iii) deliver all keys and access cards to the Premises to Landlord, and promptly and peaceably surrender the Premises to Landlord “broom clean,” in good order and condition, subject to normal and reasonable wear and tear not required to be repaired by Tenant and the other provisions of this Lease regarding maintenance, repair, casualty, condemnation, insurance and indemnification. Tenant covenants to continue to pay Rent, on a per diem basis in the condition called for by this Lease, shall deliver to Landlord any keys to same amount as is payable during 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 final month of the Term, during any period following Lease end in which Tenant has not physically vacated the Premises or removed Tenant’s Property. Such Rent shall remove such Lines be due and repair such damage on or before the Expiration Date, unless payable to Landlord notifies Tenant, at least no later than thirty (30) days after the receipt by Tenant of an invoice therefor.
(b) Any of Tenant’s Property not removed from the Premises on the abandonment of the Premises or on Lease end for any cause shall conclusively be deemed to have been abandoned and may be appropriated, removed, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person unless required to do so by Laws. Tenant shall pay to Landlord all reasonable expenses incurred in connection with the removal and disposition of such Tenant’s Property in excess of any amount received by Landlord from such removal and disposition.
(c) In addition, Landlord may require Tenant, at Tenant’s sole cost and expense, to remove prior to Lease end any other Alteration made to the Expiration DatePremises by Tenant or by Landlord for Tenant and to restore the Premises to their condition prior to making such Alteration; provided, that such Lines shall be surrendered that, except as set forth in subparagraph (a)(i) above with the Premises; and (ii) in the case of the earlier termination of this Leaserespect to Tenant’s Property, Tenant shall have no obligation to remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment any Alteration made by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled Tenant with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s optionprior consent, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store unless such property in Tenant’s name consent was conditioned on such Alteration being removed at Tenant’s expense and/or dispose of the same in any manner permitted by lawLease end.
Appears in 1 contract
Samples: Lease (Health Catalyst, Inc.)
Surrender of Premises. Upon the Expiration Date or earlier termination of this LeaseLease Termination, Tenant shall quietly and peacefully surrender the Premises to Landlord free of deferred maintenance in the broom clean, good condition called for and repair, normal wear and tear excepted (provided that normal wear and tear shall not include any wear and tear that could have been avoided by this Leaseprudent maintenance nor shall it include wear and tear which has reached a point where an item is an economically practical matter ought to be replaced rather than repaired) including, shall deliver to Landlord any keys without limitation, with (i) originally painted interior walls washed, or repainted if marked or chipped, (ii) other interior walls cleaned, repaired or replaced, (iii) all carpets cleaned and in good condition, (iv) all electrical, gas, steam, water, lighting, plumbing, sewer, mechanical and air conditioning, ventilating and heating systems and every part thereof inspected and in good operating condition and repair, (v) all exterior walls, roof and roofing, drop ceilings, plate glass, windows, doors, driveways, paving, concrete, landscaping, lighting, in good condition and repair, (vi) all Tenant Improvements (or their replacements) and other Alterations and every part thereof in good operating condition and repair, and (vii) all floors cleaned, all to the Premisesreasonable satisfaction of Landlord. Upon demand, or Tenant shall reimburse Landlord for the cost of repairing 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removalPremises. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within If the Premises orare not surrendered at Lease Termination as required by this Section 11.5, in Tenant shall indemnify Landlord against claims, loss or liability resulting from Tenant's failure to comply with the case provisions of Lines exclusively serving the Premises, anywhere in the Projectthis Section 11.5, including, without limitation, any losses reasonably suffered by Landlord due to lost opportunities to lease the Building plenum, risers and all conduits, and repair all damage Premises 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repairsucceeding tenants. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant abatement of Rentals, enter the Premises for loss alteration, renovation, or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose decoration during the last thirty days of the same in any manner permitted by lawLease Term if Tenant has removed substantially all of Tenant's personal property and has ceased using the Premises for the operation of its business therein.
Appears in 1 contract
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 17 and 18 shall control) excepted, and shall deliver to Landlord any all 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, Tenant, at its cost and expense, shall remove Provided that Xxxxxx has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Equipment, Electrical Equipment, Lines and the Interconnection Equipment) as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord's rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 23. The provisions of this Section 24 shall survive the end of the Term.
Appears in 1 contract
Surrender of Premises. Upon On the Expiration Date or earlier permitted termination of this the Lease, Tenant shall quietly quit and peacefully surrender the Leased Premises in good and orderly condition and repair (reasonable wear and tear, and damage by fire or other casualty excepted) and shall deliver and surrender the Leased Premises to Landlord in peaceably, together with all alterations, additions and improvements in, to or on the Leased Premises made by Tenant as permitted under the Lease. Landlord reserves the right at Tenant's cost and expense to remove any alterations or improvements installed by Tenant and not permitted or consented to by Landlord pursuant to the Lease, so as to restore the Leased Premises to the condition called for found at the inception of the Term, which covenant by this Lease, Tenant shall deliver survive the surrender and the delivery of the Leased Premises as provided hereunder. Tenant agrees that the Leased Premises shall be surrendered to Landlord any keys in "broom clean" condition. Prior 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, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 all of its property, fixtures, equipment and repair such damage on or before trade fixtures from the Expiration Date, unless Landlord notifies Leased Premises. All property not removed by Tenant shall be deemed abandoned by Tenant, at least thirty (30) days prior and Landlord reserves the right to charge the Expiration Datereasonable cost of removal, that such Lines shall be surrendered with the Premises; storage and (ii) in the case disposal of the earlier same to Tenant, which obligation shall survive the Lease termination and surrender hereinabove provided. If the Leased Premises are not surrendered to Landlord at the end of this Leasethe Term, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice indemnify Landlord against loss or liability resulting from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned delay by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of surrendering the same in any manner permitted by lawLeased Premises.
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Surrender of Premises. Upon Section 20.1 Tenant shall, upon the Expiration Date expiration or earlier sooner termination of this Leaselease for any reason whatsoever, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Demised Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 plenumand Building Equipment then upon the Demised Premises, risers together with all replacements thereof and all conduits, and repair all damage to Alterations then on the Project caused by Demised Premises (unless 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not Alterations are required to be removed pursuant under Section 14.3), in good order, condition and repair, except for reasonable wear and tear and damage by casualty or condemnation as Landlord's obligations.
Section 20.2 Title to all trade fixtures, furniture (other than the furniture described in Section 20.4) and equipment (other than Building Equipment) and other personal property installed or placed in the 182 Demised Premises by Tenant or Subtenants shall remain in Tenant or Subtenants, as the case may be, and, upon the expiration or sooner termination of this lease, such trade fixtures, furniture, equipment and personal property may and, upon notice from Landlord, shall, be removed promptly and any resultant damage to the Demised Premises shall be repaired promptly, by and at the expense of Tenant. The provisions of this Section shall become survive the expiration or sooner termination of this lease.
Section 20.3 Any personal property of Tenant or Subtenants which shall remain in, at or upon the Demised Premises for twenty (20) days after the expiration or sooner termination of this lease may, at the option of Landlord, be deemed to be abandoned property, and the same may be retained by Landlord, as its sole property, or disposed of by Landlord at Tenant's expense in such manner as Landlord may see fit, without accountability or liability therefor, subject, however, to any lien of a lender to Tenant.
Section 20.4 Tenant may use the furniture and furnishings currently located in the Demised Premises which are listed on EXHIBIT 20.4 hereto (the "Furniture and Furnishings"). Tenant acknowledges that the Furniture and Furnishings are the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, agrees to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of accept the same in their current condition and repair. Landlord shall be under no obligation to repair or replace or take any manner permitted by lawother action with respect to the Furniture and Furnishings. Upon the termination date of this lease, Tenant shall return the Furniture and Furnishings to Landlord in substantially the same condition as on the date hereof, reasonable wear and tear and damage due to casualty excepted. It is understood that the Fixed Monthly Rent includes the right to utilize the Furniture and Furnishings as set forth herein.
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Samples: Asset Purchase Agreement (American Coin Merchandising Inc)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to Landlord in the condition called for by this Leasewhich Sections 14 and 15 shall control) excepted, and shall deliver to Landlord any all 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, Tenant, at its cost and expense, shall remove Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option. Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines All items not required to be so removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedshall, at Landlord’s 's option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without notice to Tenant and without any liability obligation to Tenant account for loss such items; any such disposition shall not be considered a strict foreclosure or damage thereto or loss other exercise of use thereof, store such property Landlord's rights in Tenant’s name at Tenant’s expense and/or dispose respect of the same in any manner permitted by lawsecurity interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.
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Samples: Lease Agreement (Virtusa Corp)
Surrender of Premises. Upon Tenant will surrender the Expiration Date Premises to Landlord at the expiration or earlier termination of this LeaseLease in good order, condition and repair, reasonable wear and tear, permitted Alterations and damage by casualty or condemnation excepted, and will surrender all keys to Landlord or Property Manager at the place then fixed for Tenant’s payment of Basic Rent or as Landlord may otherwise direct. Tenant shall quietly will also inform Landlord of all combinations on locks, safes and peacefully surrender vaults, if any, in the Premises to Landlord in or on the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the PremisesProperty. On or before the Expiration Date or earlier termination of this Lease, Tenant, Tenant will at its cost and expense, shall such time remove all of its personal property from the Premises and and, if Landlord so requests, all previously specified Alterations Tenant placed on the Premises. Tenant will promptly repair all any damage to the Project Premises caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for If Tenant that are located within does not surrender the Premises orin accordance with this section, Tenant will release, indemnify, defend (with counsel reasonably acceptable to Landlord) protect and hold harmless Landlord from and against any Claim resulting from Tenant’s delay in the case of Lines exclusively serving so surrendering the Premises, anywhere in the Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused any Claim made by any succeeding occupant founded on 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlorddelay. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by on or before the last day of the Term is deemed abandoned. Tenant and appoints Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in as Tenant’s name agent to remove, at Tenant’s expense and/or dispose sole cost and expense, all of Tenant’s property from the same 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, and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner permitted by lawin respect thereto.
Appears in 1 contract
Samples: Single Tenant Office Lease Agreement (Horizon Health Corp /De/)
Surrender of Premises. 11.1. Upon the Expiration Date or earlier termination of this LeaseDate, Tenant shall quietly will surrender and peacefully surrender vacate the Premises and the Storage Space immediately and deliver possession thereof to Landlord in a clean, and good and tenantable condition, ordinary wear and tear, obsolescence, condemnation, and damage from the condition called for by this Leaseelements, shall fire and other casualty excepted. Tenant will deliver to Landlord any all keys to the Premises, or any other portion of Premises and the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the PremisesStorage Space. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall Tenant will remove all of its personal property from the Premises and the Storage Space all movable personal property of Tenant, Tenant’s trade fixtures and such Alterations which Landlord has elected pursuant to Section 8.4 to have Tenant remove from the Premises, provided that Tenant will not be obligated to remove any of the initial fit-up work to the Premises performed by Landlord pursuant to Article 20 of this Lease. Tenant will remove cabling, hardware, and equipment installed by or on behalf of Tenant from the ceiling plenum spaces, and/or concealed in wall cavities, including cabling related to Tenant’s movable wall systems or partition office furniture, if any, and IT and telecommunications systems, without damaging existing infrastructure and pathways that may support fire alarm systems, lighting systems, electrical systems, fire protection systems, and/or HVAC systems. Tenant immediately will repair all damage resulting from removal of any of Tenant’s property, furnishings or Tenant Additions. If possession of the Premises and the Storage Space is not delivered to the Project caused by such removal. In additionLandlord when required hereunder, or if Tenant fails to remove those items described above, Landlord may, at Tenant’s expense, and upon not less than 10 business days’ written notice to Tenant, remove any of such property therefrom without any liability to Landlord and undertake, at its cost and Tenant’s expense, shall remove all Lines installed by such restoration work as Landlord deems necessary or for Tenant that are located within advisable.
11.2. All property which may be removed from the Premises or, in and/or 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 Storage Space by Landlord will be conclusively presumed 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be have been abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store may deal with such property as provided in Tenant’s name Section 10.6. Tenant will also reimburse Landlord for all reasonable out-of-pocket costs and expenses incurred by Landlord in removing any of Alterations, and in restoring the Premises and/or the Storage Space to the condition required by this Lease at Tenant’s expense and/or dispose of the same in any manner permitted by lawExpiration Date.
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Surrender of Premises. Upon (a) At the Expiration Date end of the Term or earlier any renewal thereof or other sooner termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, shall will peaceably deliver to Landlord any keys to possession of the Premises, together with all improvements or any other portion 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 7, subject to normal wear and tear and the Projectrights and obligations of Tenant concerning casualty damage pursuant to Paragraph 21. Tenant may, and shall provide to Landlord upon 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, Tenantremove all movable furniture and equipment belonging to Tenant (including the telephone system (other than wiring, conduit and fiberoptic cabling), security system, demountable partitions, secretarial stations, cubicles, cabinets or shelving systems and kitchen equipment), at its cost and expenseTenant's sole cost, shall remove all of its personal property from the Premises and repair all provided that Tenant repairs any damage to the Project caused by such removal. In additionProperty 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, at its cost and expense, shall remove all 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 title to the Project caused by same shall thereupon pass to Landlord. Upon such removal as follows: (i) in the case of the expiration or sooner termination of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenantupon demand by Landlord, at least thirty Tenant's sole cost and expense, forthwith and with all due diligence remove Alterations made by or for the account of Tenant that are designated by Landlord to be removed (30) days provided, however, that upon the written request of Tenant prior to installation of any Alterations, Landlord shall advise Tenant at that time whether or not such specific Alterations must be removed upon the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier expiration or sooner termination of this Lease, and to the extent Landlord has so agreed to allow such Tenant Improvements or Alterations to remain in the Premises, Tenant shall not be obligated to remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by LandlordAlterations), and shall be surrendered in good restore the Premises to its original condition as of the Delivery Date (but with the Tenant Improvements approved by Landlord pursuant to the Work Letter), subject to normal wear and working ordertear, lien freethe rights of and obligations of Tenant concerning casualty damage pursuant to Paragraph 21, and properly labeled with an identification system reasonably approved the foregoing.
(b) The voluntary or other surrender of this Lease by Landlord. All personal property of Tenant Tenant, or a mutual cancellation thereof, shall not removed hereunder shall be deemedwork a merger, and shall, at the option of Landlord’s option, to be abandoned by Tenant and Landlord terminate all or any existing subleases or subtenancies, or may, without at the option of Landlord, operate as an assignment to it of any liability to Tenant for loss or damage thereto all such subleases or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawsubtenancies.
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Surrender of Premises. Upon the Expiration Date or earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to 26.1 Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 Tenantshall, at least thirty (30) days prior before the last day of the Term, arrange to the Expiration Date, that such Lines shall be surrendered with meet Tenant for a joint inspection of the Premises; and (ii) in .
26.2 At the case end of the earlier Term or any renewal of the Term or other sooner termination of this Lease, Tenant shall remove such Lines 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, whether in the Premises or in, on or to the Building, in the same conditions received or first installed, broom clean and repair such free of all debris, excepting only ordinary wear and tear and damage promptly after receipt of a notice from Landlord requiring such removal and repairby fire or other casualty. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord)Tenant may, and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s optionrequest shall, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose 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, 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 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 same in any manner permitted by lawexpiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term.
Appears in 1 contract
Samples: Lease (Neutral Tandem Inc)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender (i) deliver the Premises to Landlord with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises by Tenant or any Tenant Party during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted, (ii) remove any Alterations installed in the condition called for Premises in accordance with the provisions of Section 8(a) provided that Tenant shall have no obligation to remove any dedicated HVAC existing as of the date this Lease was fully executed by this LeaseLandlord and Tenant, shall and (iii) deliver to Landlord any all 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, Tenant, at its cost and expense, Tenant shall remove all of its unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused 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). In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall (not later than the expiration date or earlier termination of the Lease) remove such trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose cost without notice to Tenant and without any obligation to account for such items. The provisions of this Section 21 shall survive the expiration or earlier termination of the same in any manner permitted by lawLease.
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Surrender of Premises. Upon the Expiration Date expiration or earlier termination of this Lease, Tenant shall quietly and peacefully peaceably surrender the Premises to Landlord broom-clean and in the same condition called as on the date Tenant took possession (a) except for reasonable wear and tear, loss by this Lease, shall deliver to Landlord any keys to the Premises, fire or any other portion of the Projectcasualty and loss by condemnation, and (b) with all removal, restoration and/or repairs required pursuant to Section 11.3 above and this Article 24 completed. Tenant’s Property shall provide to Landlord be and shall remain the combination or code property of locks on all safesTenant and may be removed by Tenant at any time during the Term; provided that, cabinetsif any of Tenant’s Property is removed, vaults and security systems in the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, Tenant shall remove all of its personal property from the Premises and promptly repair all any damage to the Project caused by Premises or to the Building resulting from such removal. In additionIf 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 deemed abandoned, and, at its cost and expenseLandlord’s option, title shall pass to Landlord under this Lease as by a xxxx of sale. If Landlord elects to remove all Lines installed by or for Tenant that are located within any part of such Tenant’s Property, the Premises orreasonable cost of removal, in the case storage and disposal of Lines exclusively serving the Premises, anywhere in the ProjectTenant’s Property, including, without limitation, the Building plenum, risers and all conduits, and repair all repairing any damage to the Project Premises or Building caused by such removal as follows: (i) removal, shall be paid by Tenant. On the Expiration Date, Tenant shall surrender all keys, parking cards and other means of entry to the Premises, the Building and the Project, and shall inform Landlord of the combinations and access codes for any locks and safes located in the case Premises. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring (“Telecom Wiring”) and any other components of Tenant’s Telecommunications System shall be removed at Tenant’s cost at the expiration of the Term, unless Tenant shall remove such Lines and repair such damage on or before elects to leave the Expiration DateTelecom Wiring in place, unless Landlord notifies Tenant, at least thirty (30) days prior to whereupon the Expiration Date, that such Lines Telecom Wiring shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Premises as Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by lawproperty.
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Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the Expiration Date Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or earlier termination of this Lease, Tenant shall quietly and peacefully surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to Landlord in the condition called for by this Leasewhich Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord any all 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, Tenant, at its cost and expense, shall remove Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property from placed in the Premises and repair all damage to or elsewhere in the Project caused 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). In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemedAdditionally, at Landlord’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to be have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose cost without notice to Tenant and without any obligation to account for such items. The provisions of this Section 21 shall survive the expiration or earlier termination of the same in any manner permitted by lawLease.
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Surrender of Premises. Upon Tenant will surrender the Expiration Date Premises to Landlord at the expiration or earlier termination of this Lease in good order, condition and repair, reasonable wear and tear, permitted Alterations and damage by casualty or condemnation excepted, and will surrender all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations of all locks, safes and vaults, if any, that will be left by Tenant in the Premises or elsewhere on the Project. Tenant will at such time remove all of its property from the Premises and, unless Landlord then agrees to the contrary in writing, all Alterations that Tenant placed on the Premises that Landlord specified were to be removed at the end of the Term when Landlord approved their installation. Tenant will promptly repair any damage to the Premises caused by such removal. If Tenant does not surrender the Premises in accordance with this Section 17.1, Tenant releases and will indemnify, defend (with counsel reasonably acceptable to Landlord) protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s delay in so surrendering the Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, ail of Tenant’s property from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, al! 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. Notwithstanding the foregoing, Tenant shall not be obligated to remove any of the tenant improvements completed prior to the Commencement Date; provided, however, Tenant shall be responsible for removing all data, telephone and any other telecommunication cabling from the Premises within three Business Days after the expiration or earlier termination of this Lease, and Tenant shall quietly and peacefully surrender not be obligated to pay any Rent or charges for such three Business Day period. Tenant’s obligations under this Section 17.1 shall survive the Premises to Landlord in the condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in the Premises. On or before the Expiration Date expiration or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all 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 (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the same in any manner permitted by law.
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